New Mexico Medical Malpractice Insurance (2024)

New Mexico Medical Malpractice Insurance (1)

Medical professionals in New Mexico should obtain robust medical malpractice coverage to protect their reputation, finances and healthcare facilities. Navigating the many medical malpractice insurance options can be overwhelming for an individual, which is why many physicians turn to Arthur J. Gallagher & Co. for guidance.

New Mexico Medical Malpractice Insurance Fast Facts

If you are new to the state, you may have questions about New Mexico malpractice insurance. How much does malpractice insurance cost in New Mexico? Are physicians in New Mexico required to purchase malpractice insurance? Below, we answer some of the most commonly asked questions we get from physicians in New Mexico.

1. Are You Required to Carry Malpractice Insurance in New Mexico?

To qualify for New Mexico's state liability reforms, you must obtain a minimum level of medical malpractice insurance. Though you may think you don't need malpractice insurance, many physicians choose to carry coverage.

Even in states that do not require physicians to carry medical malpractice insurance, several hospitals and healthcare facilities require physicians to carry malpractice insurance to work in their facility. Medical malpractice insurance can protect you financially in the event of a malpractice lawsuit. Practicing medicine in New Mexico without medical malpractice insurance could put your finances and your professional reputation at risk.

2. How Much Malpractice Insurance Do I Need in New Mexico?

As a medical professional in New Mexico, you should have enough medical malpractice insurance coverage to qualify for state programs. The amount of coverage you will need also depends on your specialty. Physicians with a higher-risk specialty may want to obtain more coverage. The cost of malpractice insurance in New Mexico will also depend on the policy type, such as claims-made or occurrence policies and nose or tail coverage.

3. How Much Are New Mexico Medical Malpractice Insurance Rates?

How much is medical malpractice insurance in New Mexico? Overall, New Mexico's malpractice insurance costs are moderate in comparison to the rest of the country. Similar to how much coverage physicians need, malpractice insurance costs in New Mexico depend on the physician's specialty, county and claims history.

A physician with a higher-risk specialty and strong coverage, for example, will pay a higher rate for medical malpractice insurance coverage than a physician with a lower-risk specialty.

Tort Reform in New Mexico

Malpractice insurance rates have been relatively stable since the passing of the New Mexico Medical Malpractice Act in 1976. This legislation was passed in response to the nationwide medical malpractice insurance crisis during the 1970s.

New Mexico Medical Malpractice Insurance (2)

Claims Trends and Analysis in New Mexico

The New Mexico medical malpractice insurance market has a few very distinguishable features. First, standard market insurance carriers in the state only write occurrence medical malpractice policies. Claims-made policies, therefore, are rarely written and can only be found in the non-standard market.

Additionally, New Mexico is a patient compensation fund state. This fund is financed through assessing additional premiums on all providers in the state. While New Mexico's medical malpractice market is still competitive, the fact that the standard market insurance carriers only offer occurrence policies has limited the number of new entrants in the state.

Statute of Limitations

Among other things, New Mexico's Medical Malpractice Act — now known as the New Mexico Medical Professional Liability Act — mandated a statute of limitations of three years and capped the dollar amount a plaintiff can recover in a medical malpractice suit to $500,000.

Liability Limits

The limits of liability are typically $200,000/600,000. A physician's primary insurance company will cover the first $200,000 per occurrence of a claim indemnity payment, while anything in excess of $200,000 up to the cap of $600,000 will be paid by the patient compensation fund. In order for a physician to have patient compensation fund access, they must have limits of $200,000/600,000, and they must be insured by a New Mexico state-admitted carrier.

Top Carriers in New Mexico

The top medical malpractice insurance carriers in New Mexico can change frequently. As companies merge and the market changes, it's difficult keeping track of the top malpractice insurance carriers in the state, particularly as a new resident.

At Arthur J. Gallagher & Co., many of our clients work with us because we have national connections to various carriers and can help clients find the best coverage and right carrier for their malpractice insurance needs.

Below are a few common malpractice insurance carriers in New Mexico.

  • Doctors Company
  • Preferred Professional Insurance Company (PPIC A Coverys Company)
  • Medical Protective Company
  • UMIA Insurance, Inc.
  • Steadfast Insurance Company
  • American Excess Insurance Exch RRG
  • American Casualty Company of Reading, PA
  • NORCAL Mutual Insurance Company
  • Columbia Casualty Company
  • Admiral Insurance Company
  • National Fire & Marine Insurance Co
  • Endurance American Specialty Ins Co
  • ProAssurance Insurance Co of America
  • MAG Mutual Insurance Company
  • Landmark American Insurance Company
  • General Star Indemnity Company
  • Yellowstone Insurance Exchange (A RRG)
  • Ironshore Specialty Insurance Co
  • Liberty Insurance Underwriters, Inc.
  • NORCAL Specialty Insurance Company

Since New Mexico has many malpractice insurance companies to choose from, you may have trouble deciding which company is the best fit for you. Even if you find a good fit, it may be difficult to obtain the best malpractice insurance rate on your own. When you have an advisor like Arthur J. Gallagher & Co. on your side, you can easily navigate the medical malpractice insurance options in New Mexico to find the best coverage and the right provider for your insurance needs.

New Mexico Medical Malpractice Insurance Rates by Specialty

Your medical malpractice insurance rate in New Mexico will depend on your specialty, location and history of medical malpractice claims. Physicians with higher-risk specialties, such as surgeons and obstetricians, will pay a higher rate for medical malpractice insurance than a physician who practices a lower-risk specialty. For a more accurate malpractice insurance quote, you can speak with an expert at Arthur J. Gallagher & Co.

Why Partner With Gallagher in New Mexico

The average policy buyer may struggle to navigate the various malpractice insurance providers and coverage options. At Arthur J. Gallagher & Co., we aim to help our clients find the right coverage and provider and make this process as simple and stress-free as possible. If you're looking for medical malpractice insurance in New Mexico and decide to work with Gallagher, you can enjoy the following benefits:

  • Multiple quotes so you can compare your options
  • No need for separate tail coverage
  • Possible discounts you may qualify for, such as a new-to-practice discount
  • Customized solutions for your insurance needs
  • Connections to nearly all major medical malpractice insurance companies in the nation
  • Experts finding the most favorable terms and insurance providers while you focus on your work

By partnering with us at Gallagher, you can communicate with an expert in medical malpractice coverage in New Mexico. Our clients love working with us because of our ability to identify their individual insurance needs and our superior customer service.

Resource for Physicians in New Mexico

To qualify for state programs as a physician, you will need to purchase a minimum amount of medical malpractice insurance. At Gallagher, we've helped many practitioners and medical facilities find the coverage they need.

Are you ready to purchase medical malpractice insurance in New Mexico? Learn more about our medical malpractice insurance and request a quote from us today.

New Mexico Medical Malpractice Insurance Rates By Specialty (Top 20)

Rates depend greatly on specialty. Physicians offering high-risk care, such as surgeons, have higher rates than doctors in lower-risk areas. Prices will vary, though, based on your claim history and location in addition to your specialty. Always talk to an insurance expert to get a more specific quote for your malpractice insurance.

Below are undiscounted state filed rate data averages across all territories for 200,000/600,000 limits.

Specialty Average Rate Lowest Rate Greatest Rate Count
Family Practice No Surgery $8,539 $3,874 $11,344 953
Occupational Medicine $5,100 $2,695 $6,933 678
Internal Medicine No Surgery $8,792 $4,633 $11,344 623
Pediatrics No Surgery $8,242 $3,874 $11,344 361
Emergency Medicine $20,601 $10,106 $26,740 348
Psychiatry $6,234 $2,695 $9,075 292
Anesthesiology $9,751 $4,885 $13,024 238
Obstetrics and Gynecology Major Surgery $38,387 $16,844 $56,722 208
General Surgery $27,918 $10,106 $39,615 182
Radiology - Diagnostic $11,390 $4,885 $15,104 171
Orthopedic Surgery No Spine $21,109 $10,106 $28,361 124
Cardiovascular Disease Minor Surgery $11,142 $6,401 $15,882 112
Ophthalmology No Surgery $6,122 $2,358 $9,075 99
General Practice No Surgery $8,539 $3,874 $11,344 77
Pathology No Surgery $7,449 $3,369 $9,904 73
Neurology No Surgery $11,670 $5,727 $15,104 71
Gastroenterology No Surgery $10,725 $5,727 $15,104 70
Nephrology No Surgery $7,996 $3,874 $10,210 66
Pulmonary Disease No Surgery $12,529 $5,727 $17,679 51
Urology Minor Surgery $14,077 $6,401 $18,151 51

* Please note that the above rates are state filed rates. It is not uncommon for Gallagher Healthcare clients to receive up to 50% or more in discounts from state filed rates. Please Request a Quote to receive a custom premium indication.

Rate Range by Specialty

This chart compares the range of possible state filed medical malpractice premium rates by admitted markets and a few Gallagher Select markets broken out by the top 20 specialties in New Mexico.

New Mexico Medical Malpractice Insurance (4)

USA Ranking Map

The map below provides a visual display of the nation and compares what a typical primary care physician might pay compared to each individual state and county. This research is based on the average rate for a single specialty, the most common limits in that state, and the mature claims made premium. The darker the blue, the higher the average premium, see how New Mexico compares to other states.

New Mexico Medical Malpractice Insurance (5)

New Mexico Medical Malpractice Insurance (2024)

FAQs

Does New Mexico require malpractice insurance? ›

1. Are You Required to Carry Malpractice Insurance in New Mexico? To qualify for New Mexico's state liability reforms, you must obtain a minimum level of medical malpractice insurance.

What is the New Mexico Patient Compensation Fund? ›

New Mexico Patient Compensation Fund

The fund is a state-established liability funding mechanisms that provides medical malpractice coverage in excess of the primary insurance requirements of the applicable state.

Which medical specialty has the highest malpractice insurance? ›

4 specialities with most malpractice suits in 2021
  • The four specialities sued the most were plastic surgeons and general surgeons (83 percent), followed by orthopedists (81 percent) and urologists (80 percent).
  • Sixty-two percent of specialists reported being sued while 52 percent of primary care physicians faced claims.
Nov 24, 2021

What are the two types of malpractice insurance? ›

It is important to understand the two basic types of malpractice insurance: "claims-made" and "occurrence." A claims-made policy will only provide coverage if the policy is in effect both when the incident took place and when a lawsuit is filed.

What is the minimum insurance required in New Mexico? ›

Minimum insurance requirements for New Mexico

The minimum amount of New Mexico auto insurance coverage is $25,000/$50,000/$10,000. In the event of a covered accident, your limits for bodily injury are $25,000 per person, with a total maximum of $50,000 per incident.

Is New Mexico a no fault state? ›

New Mexico's Fault-Based Insurance Laws

States are either considered “fault” or “no-fault.” (New Mexico is a “fault” state.) Fault insurance is the standard for the majority of states and it means the at-fault driver is held responsible for any damages caused by the accident.

What is the statute of limitations for medical malpractice in New Mexico? ›

The medical malpractice statute of limitations in New Mexico is generally three years from the date of the malpractice. Meaning, if you are the victim of a negligent surgery on January 1, 2021, you would have until January 1, 2024, to institute a medical malpractice lawsuit.

Who is most likely to get sued? ›

The top 10 specialties most likely to be sued, according to the survey, were:
  • Surgeons, 85% of whom said they had been sued;
  • Ob-gyns & women's health specialists, 85% of whom said they had been sued;
  • Otolaryngologists, 78% of whom said they had been sued;
  • Urologists, 77% of whom said they had been sued;
Nov 17, 2017

What state has the most medical malpractice cases? ›

What state had the most reports of medical malpractice? According to NPDB data, New York had the largest amount of medical malpractice reports from 2009-2018, with 16,688 – followed by California and Florida, with 13,157 and 10,788 reports, respectively.

What is the most common reason for malpractice? ›

1. Failure to diagnose a patient's medical condition. Some 31% of physicians surveyed by Medscape said this was the reason for a malpractice lawsuit brought against them, the publication said.

Which is better claims-made or occurrence malpractice insurance? ›

There is no difference in the type of medical care or procedures that are covered under occurrence vs claims-made malpractice policies, but not all doctors will qualify for occurrence coverage.

Is professional liability insurance the same as malpractice insurance? ›

Malpractice insurance is another name for professional liability insurance for legal or medical professionals. No matter what it's called, professional liability policies offer coverage if you make a mistake in your professional service.

Which liability coverage would you recommend for medical professionals? ›

Medical Malpractice Liability - It is a professional liability insurance plan which can protect the interests of doctors and physicians. The liability insurance plan can be subscribed by dentists, nurses, etc.

What is full coverage insurance in NM? ›

Full coverage insurance in New Mexico is usually defined as a policy that provides more than the state's minimum liability coverage, which is $25,000 in bodily injury coverage per person, up to $50,000 per accident, and $10,000 in property damage coverage.

Does New Mexico have PIP? ›

No, personal injury protection (PIP) is not required in New Mexico. PIP is not even available in New Mexico. Instead of PIP insurance, New Mexico insurance companies offer medical payments insurance (sometimes called MedPay), which helps with hospital bills resulting from a car accident.

Is New Mexico an American state? ›

New Mexico achieved statehood on Jan. 6, 1912, as the 47th state. The federal government is the state's biggest employer. More than one-third of the land in New Mexico is protected by the federal government, employing people in agencies such as the National Park Service to protect national parks and historic sites.

What are the chances of winning a lawsuit against a hospital? ›

The statistics show that there is only a 2% chance that the victim wins a medical malpractice claim. However, this does not mean that you are not entitled to compensation, and this is why you should always consult with a medical malpractice attorney to find the best solution for your claim.

What is the most common lawsuit in healthcare? ›

What Are the Most Common Medical Malpractice Claims?
  • Misdiagnosis or delayed diagnosis.
  • Failure to treat.
  • Prescription drug errors.
  • Surgical or procedural errors.
  • Childbirth injuries.

What percent of all insurance malpractice claims are frivolous? ›

To hear insurance executives and their right-wing lawmaker handmaidens tell it, as many as 40% of all medical malpractice claims are “frivolous.” It is their argument in favor of “tort reform” and putting caps on malpractice awards.

What is the best state to practice medicine? ›

And the #1 state to practice medicine is…

Naturally, Utah ranked #1 in overall physician density, but it also took high honors for healthcare quality (#3), overall state ranking (#3), best states for families (#10), higher education environment (#6), and community well-being (#7).

Who has the highest medical malpractice? ›

A woman in Prince George's County, Maryland, won the largest medical malpractice verdict in US history when a Baltimore judge awarded her $205 million in July 2019.

Which states are the most litigious? ›

FFCJ said the 10 most litigious states are New Jersey, New York, Florida, Illinois, Pennsylvania, Missouri, Montana, Michigan, Connecticut and California. "This report from the Foundation for Fair Civil Justice regarding the state of tort litigation across America is particularly important to board directors.

What medical specialties get sued the least? ›

Family general practice, pediatrics, and psychiatry are the specialties that are least likely to be sued for medical malpractice.

Which profession has greatest incidence of malpractice involvement? ›

According to the study, the following specialties have the highest percentage of physicians with a malpractice claim annually, beginning with the highest risk specialty.
  • Neurosurgery – 19 percent.
  • Thoracic-cardiovascular surgery – 19 percent.
  • General surgery – 15 percent.
  • Orthopedic surgery – 14 percent.
Apr 15, 2014

What is defensive healthcare? ›

23 Defensive Medicine and Consumer-Driven Health Care. Defensive medicine is defined as the ordering of tests, procedures, and visits and/or referrals, or avoidance of high-risk patients or procedures, primarily to reduce malpractice liability.

What is claims made vs occurrence? ›

An occurrence policy has lifetime coverage for the incidents that occur during a policy period, regardless of when the claim is reported. A claims-made policy only covers incidents that happen and are reported within the policy's timeframe, unless a “tail” is purchased.

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