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West Virginia Medical Malpractice Synopsis
History of the Med Mal Market
During the late 1990’s and early 2000’s, many medical malpractice insurance carriers
left the state of West Virginia. Even with a state-formed medical malpractice insurance
fund, doctor owned carriers dominated the market share. With the lack of carriers,
physicians were left with only a few options for liability insurance, most of which
came with relatively high premiums. Although tort reform has steadily decreased
premiums over the years, premiums still remain uncomfortably high and the state
is troubled with numerous claims each year.
West Virginia Tort Reform
In 1986, the West Virginia legislature placed a cap of $1,000,000 on non-economic
damages in medical malpractice cases. This cap was lowered in the early 2000’s to
$250,000, or $500,000 in special cases with adjustment factors as well as joint and several
liability reforms enacted.
In addition to the caps placed on damages, medical liability lawsuits were required
to present a certificate of merit from experts to help review the standard
of care provided by the physician. The certificate of merit, which is obtained before
the lawsuit is filed, must have the following information:
- The expert’s familiarity with the applicable standard of care in question
- The expert’s qualifications
- The expert’s opinion as to how the breach of applicable standard of care resulted
in injury or death
Summary of the Medical Malpractice Market
Since the early 2000’s, West Virginia has not held many medical malpractice insurance
carriers. Being such a litigious state makes West Virginia unattractive to most
carriers. The carriers that remain offer physicians many of the same options.
- $1,000,000/$3,000,000 Limits of liability
- Consent to settle provision
- Claims made maturity of 5 years
- Unlimited tail length
- Defense costs that are outside the limits of liability
Major Carriers
- Medicus Insurance Company
- ProAssurance Company, Inc.
- Applied Medico-Legal Solutions RRG Inc
- West Virginia Mutual Insurance Group
West Virginia Malpractice Insurance Rates - Top 15 Specialties
Undiscounted State Filed Rate Data averages across all territories for $1m/ $3m
limits
| Specialty | Average Rate | Min Rate | Max Rate | Count |
| Family Practice No Surgery | $20,988 | $17,449 | $24,700 | 850 |
| Internal Medicine No Surgery | $22,074 | $17,449 | $25,464 | 536 |
| Emergency Medicine | $38,433 | $30,012 | $53,323 | 372 |
| Occupational Medicine | $13,467 | $11,115 | $16,759 | 238 |
| Pediatrics No Surgery | $20,988 | $17,449 | $24,700 | 237 |
| Anesthesiology | $26,771 | $22,230 | $32,589 | 178 |
| General Surgery | $66,644 | $52,870 | $81,342 | 177 |
| Psychiatry | $14,555 | $5,894 | $19,760 | 176 |
| Obstetrics and Gynecology Major Surgery | $97,873 | $80,789 | $123,500 | 168 |
| Radiology No Surgery | $25,448 | $19,194 | $30,875 | 161 |
| Cardiovascular Disease Minor Surgery | $28,408 | $23,207 | $33,951 | 102 |
| Ophthalmology No Surgery | $16,897 | $12,731 | $19,760 | 99 |
| Orthopedic Surgery No Spine | $61,461 | $51,515 | $69,160 | 93 |
| General Practice No Surgery | $20,988 | $17,449 | $24,700 | 89 |
| Pathology No Surgery | $17,743 | $14,382 | $20,032 | 69 |
* Please note that the above rates are state the state filed rates. It is not
uncommon for Gallagher Healthcare clients to receive up to 50% or more discounts
from state filed rates. Please complete the Request a Guote form a the top of this
page to recieve a custom premium indication.
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