Medical malpractice insurance rates in Oregon have been slowly but steadily decreasing since 2008 despite a small increase in claim severity. The absence of tort reform in the state has allowed Oregon to stand as the 11th most likely state for claims to exceed $1,000,000, with 7.8% of claims paid in Oregon in 2011 exceeding that amount. However, in today’s soft market and given the states favorable loss ratio overall (45.29% in 2012), medical malpractice insurance premiums in Oregon remain competitive.

2012 Statistics

  • $71.6M In premium written
  • $32.8M in losses
  • 45.29% loss ratio

Top 5 Carriers in Oregon for Medical Malpractice Insurance

(By 2012 Market Share)

  • Continental Casualty Company (34.96%)
  • The Doctors Company (33.15%)
  • Physicians Insurance (6.75%)
  • Medical Protective Company (5.53%)
  • Washington Casualty Company (3.39%)

Patient Compensation Fund:

None. Director of Department of Consumer and Business Services authorized to create a liability fund, but this authority has not been exercised.

Statute of Limitations:

2 years from discovery or from the time reasonable care should have led to discovery. 3 years for wrongful death.

Modified Comparative Negligence:

If a claimant’s fault is determined to be greater than that of all defendants and settled parties combined, the claimant’s action is barred. Additionally, a plaintiff’s recovery is reduced by the percentage of their fault.

Limited Joint and Several Liability:

Defendants are proportionally liable according to percentage of fault for damages awarded.

Vicarious Liability:

Oregon allows a facility to be held liable for the negligence of an independent contractor under the theory of apparent agency.

Damage Cap:

None. However, punitive damages cannot be awarded against individual healthcare practitioners, excluding facilities, as defined by law.

Limitation on Attorney’s Fees:

None except for a limitation to 20% of punitive damages.

Oregon Medical Malpractice Insurance Rates - Top 15 Specialties

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

SpecialtyAverage RateMin RateMax RateCount
Family Practice No Surgery$6,858$3,835$8,8241802
Internal Medicine No Surgery$7,239$4,534$8,8241560
Occupational Medicine$4,793$3,942$5,524811
Emergency Medicine$17,796$14,783$19,413601
Anesthesiology$8,722$5,554$11,752584
Pediatrics No Surgery$7,610$5,667$8,891525
Psychiatry$5,550$3,942$7,059507
Obstetrics and Gynecology Major Surgery$35,164$24,639$44,120429
Radiology - Diagnostic$11,181$7,146$15,962367
General Surgery$24,066$14,783$34,814349
Orthopedic Surgery No Spine$19,791$13,405$24,948262
Ophthalmology No Surgery$5,603$3,450$7,059255
Neurology No Surgery$9,410$8,378$11,030169
Cardiovascular Disease Minor Surgery$10,768$9,363$12,354162
Gastroenterology No Surgery$9,184$8,378$10,712158
* 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 Oregon.

Oregon 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 Oregon compares to other states.

Malpractice Rate Heat Map - United States