As a state with historically high medical malpractice insurance claims, both in claim frequency and severity, comprehensive and affordable medical professional liability insurance has been a challenge for medical professionals in the Garden State. However, recent legislation such as the 2004 Medical Care Access and Responsibility and Patients First Act and the reemergence of a competitive medical malpractice insurance marketplace in the state have begun to stabilize premiums and help retain New Jersey physicians.

Major New Jersey Medical Malpractice Insurance Carriers:

  • ACE American Insurance Company
  • Anesthesiologists’ Professional Insurance Company
  • Beazley Insurance Company
  • Campmed Casualty & Indemnity Company, Inc., of Maryland
  • The Doctors Company
  • Freedom Specialty Insurance Company
  • Healthcare Providers Insurance Exchange (HPIX)
  • New Jersey Physicians United Reciprocal Exchange (NJPURE)
  • NORCAL Mutual Insurance Company
  • Podiatry Insurance Company of America
  • Positive Physicians Insurance Exchange
  • ProAssurance Casualty Company
  • ProSelect Insurance Company (Coverys)
  • Zurich American Insurance Company
  • Princeton/Medical Protective
  • PRI, AMS RRG
  • MDAdvantage
  • Doctors & Surgeons RRG
  • JM Woodworth
  • Oceanus
  • MLMIC NY
  • Conventus

Punitive Damages Reform:

New Jersey has a punitive damages cap of 5 times the defendants compensatory damages or $350,000, whichever is greater.

Statute of limitations:

2 years from when the cause of action accrues. (Minors until age of 13)

Modified joint and several liability:

Percentage determined by the court. A defendant found 60% or more responsible is jointly and severally liable for the claimant’s entire damages. If less than 60%, the only severally liable for a proportion of the damages equal to the defendant’s negligence.

Vicarious Liability:

Courts in New Jersey have ruled that a facility is not liable for the negligent acts of non-employees, in general. However, instances where the court has held the opinion that it would be reasonable for a patient to assume their physician was an employee of a hospital have resulted in the hospital assuming some liability for adverse events.

Limitations of Attorneys’ Fees:

Effective in 1996, scheduled as follows:

  • 33 1/3 percent of first $500,000
  • 30 percent of the second $500,000
  • 25 percent of the third $500,000
  • 20 percent of the fourth $500,000
  • A reasonable fee determined by the court for amounts in excess of $2,000,000

New Jersey Medical Malpractice Insurance Rates - Top 15 Specialties

Undiscounted State Filed Rate Data averages across all territories for $1m / $3m limits

SpecialtyAverage RateMin RateMax RateCount
Internal Medicine No Surgery$14,695$10,901$16,5603579
Family Practice No Surgery$14,081$9,116$16,5602048
Occupational Medicine$9,638$6,341$14,0761922
Pediatrics No Surgery$13,355$9,116$15,9001809
Psychiatry$11,062$6,341$16,5601277
Anesthesiology$17,656$11,496$20,5611277
Emergency Medicine$32,034$23,163$41,4011131
Obstetrics and Gynecology Major Surgery$83,074$39,637$108,4101082
Cardiovascular Disease Minor Surgery$21,744$15,062$29,809927
Radiology - Diagnostic$20,055$11,496$29,809926
General Surgery$47,220$23,782$60,810632
Ophthalmology No Surgery$10,527$5,550$14,076630
Orthopedic Surgery No Spine$44,425$23,782$56,732582
Gastroenterology No Surgery$17,486$13,477$24,841537
Pulmonary Disease No Surgery$19,898$13,477$29,809412
* 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 15 specialties in New Jersey.

New Jersey Medical Malpractice Rate Range Chart

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 Jersey compares to other states.

Malpractice Rate Heat Map - United States