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What Is Medical Malpractice Insurance? A Guide to Coverage & Carrier

Whether you’re new to the medical industry and looking for a basic understanding of medical malpractice insurance, or considering the type of coverage needed, our goal is to help answer all your questions so you can focus on what matters most: practicing medicine with confidence. 

MALPRACTICE INSURANCE BASICS & HOW IT WORKS

What is medical malpractice insurance?

Medical malpractice insurance — also called Medical Professional Liability insurance (MPL) — is coverage designed to protect healthcare providers when a patient alleges that treatment caused harm due to negligence, error, or deviation from accepted standards of care.

When a claim is filed against a covered provider, the insurer steps in to provide legal defense, assigns experienced healthcare defense attorneys, and covers approved settlements or court judgments up to the limits of the policy. The insurer also handles required reporting to state medical boards and the National Practitioner Data Bank (NPDB), taking significant administrative and legal burden off the provider.

Why do physicians need medical malpractice coverage?

Healthcare is inherently complex, and even highly skilled, careful providers can face allegations of negligence. Statistics show that most physicians will face at least one malpractice claim during their career. A single uninsured lawsuit can result in financial devastation, career damage, and loss of licensure.

MPL coverage protects against those consequences. But the right coverage does more than pay claims. It provides proactive risk education to help prevent claims before they happen, and partners with physicians who want to defend their reputation rather than settle cases simply because it’s cheaper.

At Curi, that philosophy is foundational. We invest substantially in defending our insureds’ cases and have a strong record of trial outcomes. Good medicine deserves to be defended.

How does medical malpractice insurance work?

When an unexpected outcome, claim, or lawsuit arises, the following occurs:

  • The incident is reported through Curi’s online claims form for a fast response.
  • A dedicated claims consultant is assigned to the case and walks through every step.
  • Experienced defense counsel is provided, along with extensive deposition and trial preparation.
  • Curi’s Clinician Peer Consult Program connects clients with a peer who has faced a similar situation.
  • Curi will never settle a case without consent. Every policy includes a consent-to-settle provision.

Who typically pays for the medical malpractice insurance premium?

This generally depends on the physician’s employer. For many private practices or independent physicians, the physicians must secure and pay for their own MPL policies. We recommend seeking guidance from a preferred Curi broker partner to ensure accurate quotes and coverage options.


UNDERSTANDING POLICY TYPES & TAIL COVERAGE

What are the different types of medical malpractice insurance coverage?

There are three primary policy structures. Understanding the differences is critical when selecting or changing coverage.

Occurrence Coverage

An occurrence policy covers any incident that takes place during the policy period, regardless of when the claim is actually filed. If you had occurrence coverage in 2018 and a patient files a claim in 2025 for care provided in 2018, you are covered.

  • Each policy year stands alone.
  • No tail coverage needed when the policy ends.
  • Policy limits remain in place permanently for incidents during that period.
  • Best for long-term peace of mind and simplified career transitions.
Claims-Made Coverage

A claims-made policy covers claims that are both reported and filed during the active policy period, as long as the incident occurred after the policy’s prior acts date. When the policy ends, so does its protection — unless tail coverage is purchased.

  • Lower initial premiums that increase annually until reaching a ‘mature’ rate around year five.
  • Tail coverage must be purchased if the policy is canceled without a new carrier picking up prior acts coverage.
  • If no tail is purchased and the policy lapses, any claims filed after cancellation will not be covered, even for care provided while the policy was active.
  • Ideal for short-term or transitional coverage when cost is a primary consideration.
Claims-Made Plus Coverage

Claims-Made Plus functions exactly like a standard claims-made policy, with one key difference: tail coverage is prepaid and included at no additional cost when the policy is discontinued.

  • Competitive premiums comparable to claims-made.
  • No separate tail purchase needed at cancellation, retirement, or career transition.
  • Ideal for physicians who want claims-made pricing with built-in long-term protection.
What is Tail Coverage?

Tail coverage — also called an Extended Reporting Period (ERP) — is a policy endorsement that extends the window during which a claim can be reported after a claims-made or claims-made plus policy ends.

It covers incidents that occurred between the policy’s prior acts date and the date active coverage ended, even after the policy itself has been canceled. Tail coverage does not extend the acts date. It only extends the reporting window.

When is Tail Coverage recommended?

Tail Coverage is needed when a physician is retiring from a practice (unless permanently and continuously insured under occurrence coverage), when a physician is changing employer or practice settings, and when switching insurance carriers, unless the new carrier agrees to pick up their prior acts coverage.

Curi Tip: If you have been continuously insured with Curi for at least one year and are permanently retiring from the practice of medicine, you may be eligible for a free extended reporting period. Free ERPs are also available upon permanent disability or death.


CAREER TRANSITIONS & COVERAGE GAPS

What happens if I leave my practice or change employers?

When you leave a practice, whether to join a new employer, move to a different specialty setting, or retire, your existing policy must be addressed carefully to avoid coverage gaps. 

If you are changing employers, contact your broker and/or your Curi underwriter with your proposed cancellation date to receive an ERP (tail coverage) quote. If your new employer’s carrier will cover prior acts, a separate tail purchase may not be necessary — but verify this explicitly before letting the prior policy lapse.

Curi offers tail coverage for a premium when you change employers. The retroactive (prior acts) date on the new policy will determine which incidents are covered, so understanding that date is critical.

What if I’m sued after leaving a practice for care I provided while there?

If you had a claims-made policy and did not purchase tail coverage, a claim filed after your cancellation date — even for care provided while the policy was in force — will not be covered. This is one of the most commonly misunderstood gaps in physician coverage and a primary reason tail coverage is strongly recommended at every career transition. 

With an occurrence policy or Curi’s Claims-Made Plus product, this risk is eliminated because coverage for past incidents is preserved automatically.

What should I understand about my medical malpractice coverage if I’m a physician switching practices?

A practice transition is one of the highest-risk moments for a coverage gap. Before your last day at your current employer: confirm whether you have a claims-made policy, request a tail coverage quote from your current carrier, determine whether your new employer’s carrier will pick up prior acts, and do not let your existing policy lapse until coverage continuity is confirmed.


CHOOSING A CARRIER & APPLYING FOR COVERAGE

How do I acquire medical malpractice insurance coverage?

Curi provides underwriting applications and questionnaires for all business segments, including:

  • Individual physicians and advanced practice providers (APPs)
  • Medical groups and physician practices
  • Hospitals and health systems
  • Senior living and healthcare facilities

To get started, work with a licensed broker or contact Curi directly.

Curi’s application process is now Wellbeing First Certified: As a 2025 Wellbeing First Champion, Curi has removed intrusive or stigmatizing questions about mental health from our MPL applications. Applicants demonstrate current fitness to practice, not distant or resolved mental health history.

What should I look for when selecting a medical malpractice insurance carrier?

Price matters, but it should not be the only factor. Here are the questions every physician should ask when evaluating an MPL carrier:

Will they defend you, or just settle?

Some insurers default to settlement because it is cheaper, regardless of the merits of the case. A settlement, however, goes on your permanent record with the NPDB and can affect your licensure, hospital privileges, and future insurability. Look for a carrier that is willing and experienced in taking cases to trial and includes a consent-to-settle provision in every policy.

What claims support do they provide?

When a claim is filed, you should not be navigating it alone. Make sure the insurer provides a dedicated claims consultant with regional and specialty expertise, access to experienced defense counsel, thorough deposition and trial preparation, and peer support for the emotional impact of litigation.

Do they offer risk education?

The best MPL carrier is a partner in prevention, not just protection. Curi provides on-call risk consultants, risk mitigation resources, and education designed to help providers identify the factors that lead to liability claims — before they happen.

What is their financial strength?

Curi carries an “A-” (Excellent) financial strength rating from AM Best, indicating strong long-term capacity to pay claims. A carrier’s financial stability matters particularly for long-tail claims that may be resolved years after the incident.

What should I understand about medical malpractice coverage if I’m new to the medical field?

If you are entering clinical practice for the first time, MPL insurance is likely required before you can see patients — whether your employer provides it or you need to secure it independently. Key questions to ask: Does your employer provide coverage? If so, is it occurrence or claims-made? What are the policy limits? What happens to your coverage when you leave? Understanding these answers now protects you throughout your career.

What should I look for if selecting a new medical malpractice insurance carrier if I’m an experienced physician?

When evaluating a new carrier, look beyond the premium. Compare coverage types (occurrence vs. claims-made), verify what prior acts protections are offered, understand the insurer’s defense philosophy and trial track record, and confirm consent-to-settle is included. Request loss run reports and coverage verification from your current carrier before switching.