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Massachusetts Medical Malpractice Insurance

Free Quotes on Medical Liability Insurance for Massachusetts physicians

With approximately 21 malpractice carriers writing in Massachusetts at present it means there is more competition and more choices for doctors in the Bay State. Competition benefits you - the physician - in the form of lower rates and improved coverage.

Submit your quick and easy quote request today and see if there is a better rate available. It could end up saving you important money on your medical malpractice insurance.


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Benefits to Massachusetts Doctors

  • "A" Rated Carriers – Compare malpractice rates to get the best coverage at the most affordable price.
  • Prior Acts Coverage is included. No need to purchase separate tail coverage.
  • Discounts Available – New to Practice Discounts, Claims Free Discounts and more.
  • Switch Anytime - you do not need to wait until your renewal date.
  • Top-Rated Advice and assistance for new to practice doctors as well as doctors relocating to Massachusetts.
  • As the medical field continually evolves many physicians now have unique or very specific liability coverage requirements. Let a licensed insurance professional experienced in the Massachusetts market work with you to tailor a liability policy to your individual needs.
  • A free quote could save you important money today.

Massachusetts Medical Malpractice Insurance Rates

Coming soon - the latest Massachusetts medical malpractice insurance rates.



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Medical Malpractice Insurance in Massachusetts

Ranking fourth in the nation for money paid to settle malpractice cases and classified as one of 21 crisis states in desperate need of tort reform by the American Medical Association, the Massachusetts Medical Society (MMS) conducted a 2008 survey of its physicians on the practice of defensive medicine in relation to fear of lawsuits. The results showed that medical tests, hospitalizations and unecessary prescriptions arguably cost as much as $1.4 billion annually and threatens access to care for all Massachusetts' citizens.

According to the MMS, since 1992, medical malpractice insurance rates in Massachusetts have risen 138.3 percent and practice expenses have risen 81.9 percent, while Medicare reimbursements have only increased by 20 percent. The MMS leadership contends that this is an unsustainable model that threatens the medical well-being of all Massachusetts citizens. The Society reports that the number of physician specialties that rank in short supply has doubled to 12 in the last year. Among the largest, most critical shortages are neurosurgeons, vascular surgeons, anesthesiologists, cardiologists and gastroenterologists as well as psychiatrists and primary care physicians. In response, the MMS points to the successes of past legislation and has outlined additional reforms it hopes will stem rising medical liability costs, reduce the number of frivolous lawsuits and improve access to healthcare.

The first calls for medical malpractice tort reform in Massachusetts began in the early- to mid-1970s, as the entire nation dealt with skyrocketing malpractice premiums and shrinking access to coverage with commercial carriers leaving the medmal marketplace. In response, the Massachusetts Legislature passed a bill requiring the submission of medical injury claims to a "medical malpractice tribunal." While not binding, the decision of the tribunal was admissible at any subsequent trial, and the Massachusetts Supreme Judicial Court upheld the constitutionality of this statute in 1977.

The Massachusetts Legislature followed with the Medical Malpractice Act of 1986, which enacted three new reforms designed to contain still escalating claims of medical malpractice and still growing physician medical malpractice premiums. These reforms included:

  • A limit on attorney fees whereas sliding scale fees may not exceed 40 percent of the first $150,000 of an award; 33.33 percent of next $150,000; 30 percent of the next $200,000; and 25 percent of damages that exceed $500,000.
  • A statute of limitation of three years from date of injury; unless the patient is a minor under 6 years of age, where statute does not begin to run until the minor's 9th birthday.
  • A cap on damage awards limited to $500,000 total, unless the jury determines that there is a substantial or permanent loss or impairment of bodily function or substantial disfigurement, or other special circumstances which warrant a finding that the cap was unfair.

While the Medical Malpractice Act of 1986 did offer the state’s physicians some relief, the MMS believes that, in the face of rising healthcare costs, which they believe has been brought upon by the escalating employment of defensive medicine in response to medical liability fears, now is the time to revisit the legislative process in order to address the problem. The MMS is currently pushing the Massachusetts Legislature to reconsider House Bill 985, "An Act Relative to Patient Care Access," which stalled in the 2008 legislative session and it plans to reintroduce this year.

Among the provisions of that legislation are:

  • Replacing the system of “joint and several” liability with the requirement that a defendant be liable only for the amount of damages for which they were responsible.
  • Indexing the prejudgment interest rate to Treasury Bill rates, replacing the current rate that is four percent higher.
  • Requiring that an top-rated witness in an action against a physician be board certified in the same specialty as the defendant physician.
  • Allowing the payment of future damages in periodic payments in awards of $50,000 or more, rather than in a lump sum.
  • Consideration of collateral sources in awards of health or disability insurance.

For the 2009 legislative session the MMS is also supporting House Bill 1445, "An Act Relative To Top-Rated Witnesses in Actions for Medical Malpractice," requiring top-rated witnesses in actions against physicians to be board certified in the same specialty as the defendant physician, and a separate bill called "An Act Relative to Improving Patients' Access to Timely Compensation". This bill would adopt an "I'm sorry" clause, making statements of regret by healthcare providers inadmissible in legal proceedings. The MMS believes the outcome of these proposed reforms could have a great and lasting effect on the states medical liability premiums as well as improve the access to healthcare for all of Massachusetts' citizens.



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