| Trend | Range | |
|---|---|---|
| Overall healthcare professional liability |  |
+5% to +15% |
| Allied Health | |
+0% to +15% |
| Hospital professional | |
+5% to +20% |
| Managed care E&O | |
+0% to +5% |
| Physicians’ professional liability | |
+5% to +15% |
| Senior living | |
+5% to +15% |
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Survey Report
Insurance Marketplace Realities 2026 – Healthcare Professional Liability
The top 50 malpractice awards averaged $56 million in 2024, reflecting a 14% increase from 2023 and a 75% increase from 2022.
- Outlier/nuclear verdicts: The top 50 malpractice awards averaged $56 million in 2024, reflecting a 14% increase from 2023 and a 75% increase from 2022
- Sexual abuse claims: Increased frequency and severity are driving underwriters to increase deductibles, impose abuse sub-limits, adjust retroactive date adjustments or exclude abuse entirely.
- Underwriting discipline: Carriers are prioritizing pricing integrity over premium growth and long-term relationships
- Capacity reductions continue: Several established carriers have reduced limits from $15 million to $5 million or less
- Underwriters are quoting higher attachment points and greater risk participation from their clients
- Reinsurers are exerting stronger influence on rate and program structures, complicating negotiations with underwriters
- Third-party litigation funding: Investor-backed claims are linked to a 60.5% increase in payouts, 140% longer resolution times and a 35.7% drop in settlement likelihood
- Artificial intelligence in healthcare: Liability risks stem from both underuse and misuse of AI tools, challenging traditional standards of care
- Biometric data: Regulatory and privacy concerns are intensifying
Disclaimer
WTW hopes you found the general information provided here informative and helpful. The information contained herein is not intended to constitute legal or other professional advice and should not be relied upon in lieu of consultation with your own legal advisors. In the event you would like more information regarding your insurance coverage, please do not hesitate to reach out to us. In North America, WTW offers insurance products through licensed entities, including Willis Towers Watson Northeast, Inc. (in the United States) and Willis Canada Inc. (in Canada).
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