Medical Malpractice in Rochester, NY
Insurance Protection for Medical Practices in Albany, Buffalo, New York City, Syracuse & all across New York
Working in medicine is a difficult but rewarding career filled with long nights, hard calls and valuable patient interaction. Unfortunately, the stress doesn’t always disappear when you go home. Mistakes made at work can have serious or even fatal effects, leading to lawsuits against medical professionals or even entire practices. New York is among the highest each year for medical malpractice lawsuits.
Paris-Kirwan Associates, Inc. understands how important your practice and patients are to you. We will help evaluate your risks and devise a plan to protect your practice and professionals against possible lawsuits caused by innocent mistakes.
What is Medical Malpractice Insurance?
Medical malpractice insurance is another name for professional liability insurance, or errors and omissions insurance. Medical malpractice insurance specifically covers professional liability claims against medical professionals and medical practices.
What Does Medical Malpractice Insurance Cover? 
This insurance is primarily designed to cover lawsuits filed against medical practices and medical professionals. Unlike general liability insurance, medical malpractice specifically does not cover basic claims of bodily injury and property damage. Instead, medical malpractice insurance covers claims by clients concerning monetary loss caused by professional negligence.
Compensation includes:
- Court costs
- Medical damages
- Attorneys’ fees
- Settlement costs
- Punitive and compensatory damages
- Arbitration costs
Medical damages include medical bills a patient may face as a result of professional negligence, such as a mistake during surgery causing the need for a follow-up surgery.
Why Is Medical Malpractice Insurance Important for Health Care Professionals?
Regardless of a provider’s skills, experience or knowledge, mistakes and misdiagnoses are impossible to fully prevent. Even a slight oversight or minor slip of the hand could cause extensive financial or physical harm to a patient, potentially leading to catastrophic ramifications. Medical malpractice insurance establishes a stout shield against these fiscal losses and may make all the difference in managing the aftermath of such incidents.
What Is the Difference Between Claims-made and Occurrence Policies?
Claims-Made Coverage — Simple Definition
Claims-made coverage provides insurance protection for a claim that is made against the insured during the policy period, as long as the alleged incident occurred on or after the policy’s retroactive date.
Example:
A physician provides treatment in 2025. The patient makes a malpractice claim in 2026. If the physician has a claims-made policy in force in 2026 and the treatment occurred after the policy’s retroactive date, the 2026 policy responds.
Key point: With claims-made coverage, the date the claim is made is what generally determines which policy responds—not the date the medical treatment occurred.
When a claims-made policy ends, tail (extended reporting period) coverage may be needed to cover claims made later for treatment that occurred while the policy was active.
Occurrence Coverage — Simple Definition
Occurrence coverage provides insurance protection when the insured event or malpractice occurs during the policy period, regardless of when the claim is made.
Example:
A physician provides treatment in 2025 and the patient files a malpractice claim in 2027. If the physician had an occurrence policy in force in 2025, the 2025 policy responds.
Key point:
Occurrence = When the incident happens determines the policy that responds.
Unlike claims-made coverage, tail coverage is generally not needed with an occurrence policy.
Why Do Malpractice Insurance Costs Vary by Specialty?
The health care sector is vast and includes many different types of medical services, methods and specializations. Although both are considered health care professionals, the services of a brain surgeon are obviously quite different than those of a general practitioner. Given this extensive variance, insurance carriers must adjust rates accordingly.
Protect Your Practice
Medical malpractice suits can be extremely serious. Speak with an agent about protecting your livelihood and all those involved in an accident. Call Paris-Kirwan Associates, Inc. at (585) 473-8000or fill out an online quote form to get started.
Common Medical Malpractice Insurance Questions
How Does Medical Malpractice Insurance Work?
Medical malpractice insurance can be purchased by medical practices or individuals. So long as the policy is in place, medical professionals can receive compensation for claims against their practice.
Which States Require Medical Malpractice Insurance?
The states that require doctors to carry medical malpractice insurance include New Jersey, Rhode Island, Wisconsin, Colorado, Connecticut, Kansas and Massachusetts. Even if your state doesn’t require insurance, you may need malpractice insurance to protect yourself and your work.
Who Needs Medical Malpractice Insurance?
Any professional involved in medicine should consider being covered under medical malpractice insurance. This includes surgeons, nurses and even those in administration and filing.
- Practice Administrators Insurance
- Primary Care Physicians
- Specialists
- Surgeons
- OOSS Members
How Does Medical Malpractice Insurance Work?
Medical malpractice insurance helps healthcare providers manage the costs that come with claims of negligence or errors in patient care. When a patient believes they were harmed by a diagnosis, treatment or surgical decision, they may file a claim against the provider involved, and the policy can help pay for legal defense, settlements and judgments depending on its terms.
Policies are generally structured as claims made or occurrence based, and each responds differently depending on when an incident happened versus when it was reported. Providers practicing in and around Rochester, NY should speak with an agent to learn which structure fits their specialty and career stage.
Who Pays for Malpractice Insurance?
The healthcare provider or the organization employing them is usually responsible for paying the premium on a malpractice policy. Hospitals, clinics and group practices often purchase coverage on behalf of their staff, while independent practitioners in private practice typically buy their own individual policies.
Costs and payment responsibility can vary based on specialty, claims history, employment contracts and whether a provider works as temporary or part-time staff. Anyone unsure who handles these payments should review their employment agreement and speak with an agent serving Rochester, NY for clarity.