New Hampshire has the oldest insurance regulatory body in the United Sates. The state also has moderate rates, despite having no economic caps and no statutes of limitations in medical malpractice cases. New Hampshire has continued to enjoy these rates even without strong tort reform.

If you have questions about medical malpractice insurance in New Hampshire or would like a quote, contact Gallagher Healthcare. More than 60,000 physicians and medical professionals turn to us because Gallagher Healthcare:

  • Brings you multiple medical malpractice quotes, saving you time and giving you a chance to compare policies.
  • Ensures you don't have to buy separate tail coverage, because we make sure Prior Acts Coverage is in place.
  • Checks to see whether you qualify for New-to-Practice or other available discounts.
  • Stays current about new and upcoming changes to the medical malpractice market and liability laws, ensuring you have the information you need to make the right insurance choices now.
  • Listens to your needs and brings you custom medical malpractice insurance solutions.
  • Answers your questions and helps you secure the medical malpractice insurance you need.
  • Is a veteran and leader in the medical malpractice insurance market, and we bring this expertise to your practice.

What You Need to Know About Medical Malpractice Insurance in New Hampshire

New Hampshire has neither the lowest nor the highest medical malpractice rates in the country. This may be surprising, given that the state's Supreme Court has twice decided non-economic damage caps are not constitutional, and there is no cap on most damages. The only exceptions to this are loss of companionship, which is limited to $150,000, and wrongful death awards not granted to direct family or dependents (these are capped at $50,000). While there are no caps, however, plaintiffs cannot seek punitive damages.

Non-economic damages caps have twice been struck down as unconstitutional in New Hampshire. In 1980, the New Hampshire Supreme Court found the $250,000 cap then in place to be unconstitutional, and in 1991 a new $875,000 cap was overturned.

Although medical malpractice cases have no statutes of limitations, they are considered personal injury or wrongful death cases, which means plaintiffs generally have three years to file a claim, with some exceptions.

In 1978, the New Hampshire Insurance Department created the New Hampshire Medical Malpractice Joint Underwriting Association (NHMMJUA), which it has operated ever since. The role of the NHMMJUA is to create and maintain a strong medical malpractice insurance marketplace to keep insurance costs reasonable and doctors in the state. This medical malpractice insurance marketplace is one reason why New Hampshire rates are not as high as those in the rest of New England.

The NHMMJUA Plan offers market rates on medical malpractice insurance to any physician and medical provider. This includes high-risk providers such as spinal orthopedic surgeons as well as those who have been refused coverage. The NHMMJUA is one option for physicians looking for an option that meets industry standards. In addition, New Hampshire has many commercial underwriters.

Fast Facts

  • Premium costs for medical malpractice insurance in New Hampshire are 10-20% above the national average.
  • Premium costs for medical malpractice insurance in New Hampshire are 5-15% lower than much of the East Coast.
  • The New Hampshire Insurance Department was created in 1851, making it the first of its kind in the country.


New Hampshire medical malpractice rates are moderate, even though the state has no caps on non-economic damages. The New Hampshire Medical Malpractice Joint Underwriting Association (NHMMJUA) is one reason rates in the state are not higher.

If you have questions about the NHMMJUA or other medical malpractice insurance options in New Hampshire, or if you would like to get quotes, contact Gallagher Healthcare. Our network of insurance providers is always at your disposal, and since we have worked with virtually every medical malpractice insurance provider across the country, we know the options out there.

We can bring them to you in the form of multiple quotes and common-sense comparisons, so you can find the right coverage at the right rates for you. Contact Gallagher Healthcare today to get started.

Major New Hampshire Medical Malpractice Insurance Carriers:

  • Coverys Companies
  • Medical Mutual Group of Maine
  • Berkshire Hathaway Insurance Group (Medical Protective)
  • Doctors Company Insurance Group
  • American International Group
  • CNA Insurance Companies
  • ProAssurance Insurance Group
  • Ironshore Insurance Group
  • Connecticut Medical Insurance Group
  • Preferred Physicians Med RRG, Inc

New Hampshire Medical Malpractice Insurance Rates By Specialty (Top 15)

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 $1m / $3m limits

SpecialtyAverage RateMin RateMax RateCount
Occupational Medicine$8,640$4,627$12,731666
Family Practice No Surgery$11,535$6,652$14,625603
Internal Medicine No Surgery$11,861$7,955$14,625524
Pediatrics No Surgery$11,535$6,652$14,625271
Emergency Medicine$26,538$17,354$35,566205
Obstetrics and Gynecology Major Surgery$60,487$28,924$81,890181
Radiology - Diagnostic$13,890$8,389$18,115180
General Surgery$34,426$17,354$49,526154
Orthopedic Surgery No Spine$36,831$17,354$53,601125
Cardiovascular Disease Minor Surgery$17,225$10,991$23,69995
Gastroenterology No Surgery$12,331$9,835$14,62583
Neurology No Surgery$15,535$9,835$21,60574
Ophthalmology No Surgery$8,533$4,050$12,73173
* 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 Hampshire.

New Hampshire 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 Hampshire compares to other states.

Malpractice Rate Heat Map - United States