
Malpractice insurance costs can be a significant financial burden for medical professionals. The cost of malpractice insurance varies depending on the specialty, location, and experience of the practitioner.
In the United States, the average annual cost of malpractice insurance for physicians is around $12,000 to $15,000. This cost can add up quickly, especially for specialists.
For surgeons, the cost of malpractice insurance can be even higher, ranging from $20,000 to $30,000 per year. This is due to the high-stakes nature of their work and the potential for severe consequences in the event of a malpractice claim.
A key factor in determining malpractice insurance costs is the practitioner's level of experience. Physicians with more experience tend to pay lower premiums, while those just starting out may face higher costs.
Cost and Pricing
The cost of malpractice insurance can vary significantly. Most counselors spend between $400 – $800 per year on stand-alone professional liability insurance, with the median premium being $500 per year.
Counselors should consider that the higher end of the $400 – $3,000 range corresponds to getting a malpractice policy through a counseling liability plan that includes other policies.
Here's a breakdown of the three main policies of counseling liability insurance:
- Professional liability – Also known as errors and omissions insurance, this offers protection from claims of negligence, malpractice, or professional mistakes and helps with legal fees and potential settlements.
Average Price Range
The average price range for counselor malpractice insurance can be a bit confusing, but let's break it down. Most sites will give you a wide range of averages, but it's because they're including multiple policies in the same coverage plan.
Stand-alone professional liability insurance, also known as errors and omissions insurance, is usually the most affordable option. You can expect to spend between $400 and $800 per year on this type of insurance, with the median premium being $500 per year.
This lower end of the price range corresponds to stand-alone insurance policy rates. If you're looking to get a malpractice policy through a counseling liability plan, which often includes other policies like general liability or cyber liability, you can expect to pay more.
For another approach, see: How Much Professional Liability Insurance Do I Need
Your Firm's Size

Your firm's size can significantly impact your insurance premiums, but it's not always a straightforward increase.
While it's true that your premium will go up as your law firm adds new lawyers, it's not an exponential increase usually.
Insurers will usually offer discounts as law firms grow to keep the law firms with them as they expand their business.
Amount of Coverage
The amount of coverage you choose for your law firm's policy will directly impact your premium costs. The higher your policy limit is, the higher the premium will be.
Most smaller firms opt for a $1 million limit, but this may not be sufficient, as the cost to defend and the cost of any settlements are combined under the limit.
The typical maximum limit is $10 million, which can provide peace of mind for some law firms, but it's essential to consider your specific needs and circumstances.
Purchasing the maximum coverage limit is not always necessary, and consulting with expert brokers familiar with your area of practice can help determine the best option for your firm.
Lowering your coverage limit and deductible can be a viable option for law firms that don't operate in high-risk areas of practice, without posing significant problems.
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Reducing Legal Costs
Paying for legal malpractice insurance can be a significant expense, but it's essential to consider the value it provides. You're essentially buying peace of mind and protection against financial ruin.
Lawyers who don't experience claims may start to question the investment, but the peace of mind and protection are still worth it. The cost of insurance is a trade-off for the security it provides.
Human psychology can make it difficult to justify paying for something that may not be used, but the benefits of insurance far outweigh the costs. The cost of a claim can financially cripple a law firm.
If you want to save on your legal malpractice insurance premiums, consider the tips provided earlier. You can reduce your premiums by taking proactive steps.
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Factors Affecting Premium
Your cost of malpractice insurance depends on several factors, including your risk of facing a lawsuit and the amount of insurance coverage you need.
Revenue, number of employees, location, and state laws all impact your insurance company's decision-making process. A claims history can also significantly affect your premium.
License protection fees can range from $5,454.
The area of practice you specialize in plays a significant role in determining your insurance premium. Medical professionals, for instance, typically pay the highest rates due to the associated risks and higher settlement values.
Here are some key factors that insurers consider when establishing premium rates:
- Frequency: The number of claims an insurer anticipates will be reported to them.
- Severity: The expected average size of a claim or loss based on practice area.
- Defense expenses and actual damages that need to be paid when a claim is settled.
The length of time a lawyer has spent with a firm also affects their premium, with a "step rating" system used to determine premiums. A particular lawyer's premium will be lower in their first year with a firm and will gradually increase over the next few years.
For more insights, see: Legal Malpractice Insurance Cost
Factors Affecting Your Premium
Your insurance premium depends on several factors, including your risk of facing a lawsuit and the amount of insurance coverage you need. This is influenced by your clientele and place of employment.
Revenue, number of employees, location and state laws, claims history, and deductibles all impact your insurance cost. A higher deductible means a lower premium.
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License protection fees can add up, with some law firms paying as much as $5,454.
Your area of practice is a significant factor in determining your insurance premium. Certain areas of law, such as medical malpractice, are associated with a higher level of risk and therefore higher premiums.
Medical professionals historically pay the highest rates due to the risks associated with their work and higher settlement values. However, defending medical professionals has less risk, resulting in lower premiums.
Practicing in a variety of unrelated areas can increase your chances of a claim being filed against you, leading to higher rates.
Here are some key factors that impact the cost of your insurance:
- Revenue
- Number of employees
- Location and state laws
- Claims history
- Deductibles
- Area of practice
- License protection fees
Keep in mind that these factors can vary greatly across the country and across different types of attorneys, resulting in different premium costs.
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Step Rating
Insurers use a "step rating" system to determine legal malpractice premiums, which is based on the length of time a lawyer has spent with the firm.
A lawyer's premium will be lower in their first year with a firm, known as step one, and will gradually increase over the next few years.
The rate typically matures in the sixth year, at which point the premium will be at its highest.
This system quantifies the possible exposures that occur as lawyers have more cases behind them, making it a crucial factor in determining premiums.
Insurance Details
Insurance Details can be a complex and confusing aspect of malpractice insurance, but let's break it down to the basics.
The higher your policy limit is, the higher the premium will be. Most smaller firms would purchase a $1 million limit.
However, it's essential to consider whether this limit is adequate for your firm, as the cost to defend and the cost of any settlements are combined under the limit. The typical maximum limit is $10 million.
Limits and Deductibles
Purchasing the maximum coverage limit available can bring comfort, but it's not a necessity for every law firm. Expert brokers familiar with the area of practice can help determine the best option.

A higher deductible means lower premiums, but insurers will typically demand higher deductibles as limits increase. Insurers will limit deductibles to what they believe the insured party can pay, based on prior year's revenue figures.
Lowering your coverage limit and not paying for the maximum amount can pose no problems, especially for law firms that don't operate in high-risk areas of practice. The deductible is the amount of money your law firm absorbs before the policy kicks in to provide coverage.
The higher your policy limit is, the higher the premium will be. Most smaller firms purchase a $1 million limit, but this may not be adequate for your firm.
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Continuity of Coverage
Continuity of Coverage is a crucial factor in determining your insurance premiums. Insurers closely examine your professional liability coverage history to calculate your premiums.
A lack of continuity with your insurance provider can lead to increased premiums, but only for the first five years. This is because insurers typically increase rates over the first five years.
Once you've been with the same insurer for five to six years, they consider your law firm mature and stop increasing premiums on a yearly basis. This is a significant milestone in maintaining stable insurance costs.
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Frequently Asked Questions
Who typically pays for malpractice insurance?
Typically, employers or hospitals cover malpractice insurance premiums for physicians, especially those in group practices or hospital employment. This coverage is usually a benefit of employment, not a personal expense.
Do doctors in Florida need malpractice insurance?
Yes, doctors in Florida are required to carry malpractice insurance to practice medicine. The minimum coverage amount varies depending on whether they have hospital privileges.
Sources
- https://nowinsurance.com/blog/whats-the-average-counselor-malpractice-insurance-cost/
- https://www.aapa.org/news-central/2020/12/what-pas-need-to-know-about-malpractice-insurance/
- https://www.investopedia.com/terms/m/malpractice-insurance.asp
- https://www.alpsinsurance.com/resources/true-cost-of-legal-malpractice-insurance
- https://www.embroker.com/blog/legal-malpractice-insurance-cost/
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