How to Buy Malpractice Insurance: A Step-by-Step Guide

nurse looking at a book telling him how to buy medical malpractice insurance

Key Takeaways

  • Whether you buy malpractice insurance directly from an insurance company or through a broker or agent, understanding the two policy types (claims-made vs. occurrence), coverage limits, and coverage features is key to choosing the right policy.
  • You’ll save the most money by buying directly from an insurance company. Even membership groups can work as insurance agents and charge extra for a policy.
  • Having your own coverage protects you from any gaps in employer-provided policies.

Shopping for medical malpractice insurance isn’t exactly light reading. Between policy types, coverage limits, and where to buy, it can feel like there’s a lot to figure out.

The good news? Once you understand the basics, the process becomes much more manageable. In this guide, we walk through exactly how to buy malpractice insurance, step by step, so you can feel confident you’re choosing the right protection for your career.

Why You Need Your Own Medical Malpractice Insurance

As a healthcare provider, you already know that medical malpractice insurance is essential. In fact, you may already have malpractice insurance through your employer. And although many medical professionals assume that their employer-provided coverage is enough to protect them, that’s not always the case.

In reality, there are a number of reasons your employer’s insurance might not be enough to protect you, including holes in your coverage (licensing board reviews are not typically covered by employers’ insurance), inadequate settlement funds, and conflicts of interest.

Getting your own medical malpractice insurance policy, also known as a supplemental policy, can help fill in those gaps by protecting:

  • Your personal assets
  • Your professional license
  • Your reputation

It can also extend coverage to situations employer policies may not include, like:

  • Moonlighting or side work
  • Volunteer services
  • Job transitions or employment gaps

In short, having your own medical malpractice insurance policy gives you control and continuity so you’re protected wherever your career takes you.

Step 1: Assess Your Coverage Needs

Before you start comparing quotes, take a step back and evaluate your specific risk profile.

Key factors to consider include:

  • Your profession and specialty (higher-risk specialties typically need more coverage)
  • Your practice setting (hospital, private practice, telehealth, etc.)
  • Your state requirements, if applicable. For example, some states require minimum coverage of $100,000 per claim, while others require up to $1 million per claim.

You’ll also want to determine whether you need:

  • Primary coverage (your main policy), or
  • Supplemental coverage to fill gaps in an employer plan

If you already have a primary employer-provided policy, review the details carefully. Look for exclusions and any areas where you might not be covered. For example, board actions and HIPAA violations aren’t usually covered by your employer’s insurance.

You should also make sure the policy lets you (and not your employer’s attorneys) decide whether to settle a claim. This is called “consent to settle.” If you know a lawsuit against you is baseless and want to prove it, your insurance company should provide you with a legal team that’ll fight to clear your name.

If you notice gaps like these in your employer’s coverage, you may want to consider getting your own malpractice policy for additional protection. Most coverage gaps can be filled by a supplemental insurance policy.

Determine which coverage features are must-haves

Not all malpractice policies are created equal. As you evaluate options, look for these important protections:

  • License defense coverage: Board complaints can happen even without a lawsuit — and they can threaten your ability to practice. A strong policy should cover legal representation and defense costs related to disciplinary proceedings. You’ve worked hard to earn your license, so make sure it’s protected.
  • HIPAA violation coverage: Data privacy risks are everywhere. Whether your device containing unencrypted information gets stolen or you accidentally disclose confidential info on social media, HIPAA-related issues can result in costly legal fees and fines. Not all policies include this coverage (and most employer-provided policies do not), so it’s worth confirming.
  • Reputation protection: If you face a threat to your professional reputation, you’ll want an insurance policy that covers reputation protection to help clear your name.
  • Good Samaritan and volunteer coverage: If you volunteer or respond to emergencies outside of work, make sure your policy follows you. Coverage should extend beyond your primary workplace to protect you wherever your skills are needed.

Step 2: Understand Policy Types (Claims-Made vs. Occurrence)

Female medical professional at conference learning how to buy medical malpractice insurance and the different between claims-made and occurrence policies

One of the biggest decisions you’ll make is choosing between a claims-made policy and an occurrence policy. Both offer liability protection, but they work differently. Below we give some of the pros and cons, plus real-world examples for each type.

Claims-made policies

Claims-made policies cover claims that are filed while the policy is active. In other words, the key factor is that as long as the claim is reported while the coverage is active, you can be protected.

Pros:

  • Lower upfront cost
  • Widely available
  • Flexible for shorter-term needs

Cons:

  • Requires continuous coverage
  • May require tail coverage if you leave your employer or switch insurers
  • More potential for coverage gaps when a policy expires

Example 1: A patient sues you in 2026 claiming you misdiagnosed them in 2024. At the time the claim is filed, you are still insured under the same claims-made malpractice insurance that covered you back in 2024 (since you’ve renewed the policy each year). Your claims-made policy will cover you.

Example 2: You leave your job in 2025 and let your claims-made policy expire. A few months later, a patient sues you for an incident that occurred in 2024. Your former claims-made policy will not cover you. (Note: If you purchased tail coverage or added a retroactive date to cover prior acts on a new policy, you can still be covered.)

Occurrence policies

Occurrence policies cover claims that arise from services you perform while the policy is active, even if the claim is filed after the policy expires.

Pros:

  • Lifetime protection for covered incidents
  • No need for tail coverage
  • Simpler long-term

Cons:

  • Higher upfront premiums
  • Not always available for every profession

Example: You retired in 2025. A year later, you learn you’re being sued by a patient you treated in 2021. You’re still covered under that policy, even though it has expired and was never renewed.

Quick comparison of claims-made vs. occurrence features

Feature Claims-Made Occurrence
Coverage depends on If claim is filed while policy is active If incident occurred while policy is active
Policy must be active at time of incident Yes Yes
Policy must be active at time of claim Yes No
Covers claims after policy ends No Yes
Upfront cost Lower Higher
Long-term ease-of-use More complex Simpler

Step 3: Determine Your Coverage Limits

Your limits of liability define how much your policy will pay in the event of a malpractice claim.

When it comes to these coverage limits, there are two key numbers to understand:

  • Per-claim limit: Maximum payout for a single claim
  • Aggregate limit: Total payout for all claims during the policy period (typically one year)

A common example is $1 million per claim/$3 million aggregate.

This means:

  • Up to $1 million for any one claim
  • Up to $3 million total in a policy period (this can be used for 3+ claims)

For some professionals, higher limits such as $2 million/$6 million may be appropriate.

When choosing limits, consider:

  • State requirements (if any)
  • Your specialty’s risk level
  • Your personal financial exposure (i.e., how much you could be held financially liable for if something goes wrong)

Higher limits typically mean higher premiums, but they also provide greater financial protection.

Step 4: Decide Where to Buy Your Policy

There are three main ways to purchase malpractice insurance:

  • Directly from an insurance carrier
  • Through an independent broker
  • Via a professional association (PA) or partner program

Each has its pros and cons, but buying direct has become increasingly popular, especially with streamlined online platforms such as Berxi’s or Geico’s. Berxi’s direct-to-consumer model allows you to:

It’s a faster, more transparent way to shop — without sacrificing coverage quality.

What to consider before using a broker, agent, or program administrator

  • Brokers, agents, and PAs get paid a commission by the insurance company for selling you a policy. This typically increases your policy’s price.
  • If you renew year after year, you’ll also keep paying the commission repeatedly.
  • Some brokers, agencies, and PAs do not handle claims. Be sure you know the name and reputation of your actual insurance company. It’s likely you’ll need to contact them (and work with them) if you have a claim.

Step 5: Gather & Compare Quotes

Once you know what you need, it’s time to get quotes.

As you compare malpractice insurance options, make sure you’re evaluating apples to apples. That means looking at:

  • The same coverage limits
  • The same policy type
  • The same deductibles

Don’t stop at the price. Ask questions like:

  • Does the policy include legal defense costs outside the limits of liability, meaning your legal fees won’t affect the amount available to pay for settlements and other damages?
  • Is there license protection coverage?
  • Does it have a consent-to-settle clause?
  • What’s excluded?

A slightly lower premium may not be worth it if key protections are missing.

Step 6: Review Policy Terms & Exclusions

Before you buy, take time to read the full policy. Don’t stop at just the quote summary.

Pay close attention to:

  • Coverage definitions
  • Policy limits
  • Exclusions

Common exclusions may include:

  • Certain procedures or specialties
  • Specific practice settings
  • Intentional or criminal acts

If anything is unclear, ask for clarification. It’s much better to get answers now than to discover gaps later.

Step 7: Purchase Your Policy & Maintain Coverage

Once you’ve chosen a policy, the final steps are straightforward:

  1. Complete your application.
  2. Pay your premium.
  3. Receive proof of coverage.

From there, the most important thing you can do is maintain continuous coverage. Gaps in coverage can leave you vulnerable, especially with claims-made policies. Set reminders for renewals and keep your policy active as your career evolves.

How to Save Money on Medical Malpractice Insurance

Medical professional in scrubs at computer learning about medical malpractice insurance

Malpractice insurance is an investment in your career — but that doesn’t mean you should overpay.

Here are a few ways to keep costs in check when buying malpractice insurance:

  • Buy direct to avoid broker fees.
  • Compare multiple quotes.
  • Bundle policies if possible.
  • Mitigate your risk to maintain a claims-free record.
  • Choose coverage limits that balance cost and protection.

Providers like Berxi offer competitive pricing without cutting corners so you can get solid protection at a fair price.

Protect Your Career With Medical Malpractice Insurance From Berxi

At the end of the day, malpractice insurance is about peace of mind.

You’ve worked hard to build your career. The right coverage helps ensure that a claim, complaint, or unexpected situation doesn’t derail everything you’ve built.

Berxi is part of Berkshire Hathaway Specialty Insurance Company, which has a financial strength rating of A++ from AM Best. That’s the highest possible rating. Plus, Berxi’s world-class claims team typically responds within one business day, and its in-house product specialists provide hands-on support when you need it.

With Berxi, you get:

  • Fast, straightforward online quotes
  • Affordable, transparent pricing
  • Coverage designed for today’s healthcare professionals
  • Support from a team that understands your risks

It’s a modern approach to malpractice insurance, built to make protection simpler. Get an instant quote today!

Medical Malpractice Insurance FAQs

Can I buy malpractice insurance online?

Yes. Many providers, including Berxi, offer fully online applications and instant quotes, making it quick and easy to get covered. Get a quick online quote.

How do I know if a malpractice insurance carrier is reputable?

Look for carriers with strong financial ratings, clear policy terms, and positive customer reviews. Transparency and responsiveness are key indicators.

What’s the difference between claims-made & occurrence coverage?

Claims-made policies cover you when a claim is filed while the policy is active. Occurrence policies cover claims for services you performed while the policy was active even if the claim is filed after the policy expires.

What happens if I don’t have medical malpractice insurance?

Without coverage, you could be personally responsible for legal defense costs, settlements, and damages — which can be financially devastating.

 


Image courtesy of iStock.com/Halfpoint

Image courtesy of iStock.com/Jacob Wackerhausen

Image courtesy of iStock.com/Jacob Wackerhausen

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The views expressed in this article are those of the author and do not necessarily reflect those of Berxi™ or Berkshire Hathaway Specialty Insurance Company. This article (subject to change without notice) is for informational purposes only, and does not constitute professional advice.

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Nate Hendrick | contributing author

Nate H. has been a contributing writer for Berxi since 2023, creating educational content that helps healthcare professionals and small business owners better understand insurance, risk management, and professional liability coverage. Prior to focusing on insurance, he wrote extensively about STEM education and community-based health care, translating complex scientific and technical topics into accessible, engaging content for a broad audience. With a talent for simplifying complicated subjects and a passion for helping readers make informed decisions, Nate combines deep research with clear, practical storytelling.