Delaware Medical Malpractice Insurance
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Standard Limits
Per Claim / Per Year
Affordability Rank
of 50 states
Average Claim Payout
43rd highest state
Damage Caps
Delaware Professional Liability - 2025 Guide
Delaware physicians face higher malpractice insurance premiums compared to most other states. However, rates are relatively moderate when compared to neighboring mid-Atlantic and northeastern states. Despite the lack of significant tort reforms, Delaware's tort system is frequently ranked highly for fairness and efficiency, contributing to its legal stability.
Medical Malpractice Insurance Requirements in Delaware
Delaware does not mandate malpractice insurance for physicians, but many hospitals and healthcare facilities require coverage for privileges. Typical policy limits are $1 million per occurrence and $3 million aggregate. The first amount is how much your insurance provider will pay per claim, and the second amount indicates your annual limit.
Occurrence vs Claims Made Malpractice Policies in Delaware
Claims-made policies are more commonly purchased in Delaware, though occurrence policies are available.
Coverage applies to incidents that occur during the policy period, regardless of when the claim is filed.
Coverage applies to claims filed during the policy period, requiring tail coverage for future claims.
Leading Medical Malpractice Insurance Companies in Delaware
In addition to the below insurers, DocShield typically provides your practice with quotes from several other highly rated insurers. Ratings provided by AM Best (the leading insurance credit rating agency).
ProAssurance
MedPro
Coverys
Curi
Malpractice Insurance Cost in Delaware
The data below represent undiscounted premiums. DocShield is often able to save practices 30-50% relative to these rates.
| Medical Specialty | Average Premium | Lowest Premium |
|---|---|---|
| Anesthesiology | 16,600 | 8,907 |
| Cardiovascular Disease - Minor Surgery | 19,300 | 11,670 |
| Emergency Medicine | 28,100 | 18,426 |
| Family Practice - No Surgery | 12,600 | 7,063 |
| Gastroenterology - No Surgery | 15,300 | 10,442 |
| General Practice - No Surgery | 12,600 | 7,063 |
| General Surgery | 40,000 | 18,426 |
| Internal Medicine - No Surgery | 13,600 | 8,446 |
| Neurology - No Surgery | 18,000 | 10,442 |
| Obstetrics and Gynecology - Major Surgery | 71,800 | 30,709 |
| Occupational Medicine | 7,900 | 4,913 |
| Ophthalmology - No Surgery | 10,200 | 4,300 |
| Orthopedic Surgery - No Spine | 39,400 | 18,426 |
| Pathology - No Surgery | 11,800 | 6,142 |
| Pediatrics - No Surgery | 12,600 | 7,063 |
| Psychiatry | 9,600 | 4,913 |
| Pulmonary Disease - No Surgery | 16,800 | 10,442 |
| Radiology - Diagnostic | 17,000 | 8,907 |
Working with Medical Malpractice Insurance Brokers in Delaware
A licensed broker can help you navigate the administrative work involved in getting quotes and the nuances of choosing a policy that fits your particular practice. Importantly, brokers work for you, not a single insurer, so they can shop across multiple insurers to find you the most competitive premium for a high quality policy. This is especially important for medical malpractice insurance policies because premiums often vary significantly for the same doctor from one insurer to another.
Buy Affordable Malpractice Insurance with DocShield
We've built the fastest application process in the industry so you don't have to disrupt your schedule to shop for coverage. After you select a policy, we automatically scan the market every year before renewal to ensure you're paying a fair price.
Our platform streamlines all outpatient coverage needs, including excess policies, tail coverage, and group policies. We typically drive 20-30% premium savings for our customers without sacrificing on coverage quality, which translates to hundreds of thousands in savings for specialists over the course of their careers.
Delaware Claims Payouts
Historical trends of medical malpractice claims and payouts in Delaware
Delaware Statute of Limitations
Delaware requires malpractice claims to be filed within two years of the alleged injury. If the injury is not discovered within that time, the statute extends to three years from the date of discovery. For minors under the age of six, claims must be filed before their sixth birthday or within three years, whichever is longer.
Tort Reform in Delaware
Delaware has not enacted major tort reforms but has implemented minor measures, such as collateral source reform, limits on attorney fees, and requirements for periodic payments. The state also mandates an Affidavit of Merit for malpractice cases and uses Medical Negligence Review Panels to evaluate claims. These panels' opinions are admissible in court but are not conclusive.