Malpractice risk is an unavoidable part of practicing medicine, but not all physicians face the same exposure. Insurance premiums vary widely depending on specialty, procedure complexity, patient outcomes and legal risk. Understanding which doctors have the highest malpractice insurance rates can help physicians anticipate costs and choose coverage that fits their practice profile.

At the core of this issue is medical malpractice insurance, which protects physicians against claims alleging negligence or patient harm. Because coverage costs can differ dramatically, many doctors compare policies and providers while researching the best medical malpractice insurance options available for their specialty.

Which doctors have the highest malpractice rates?

When evaluating the highest malpractice rates by specialty and which doctors have the highest malpractice rates, procedural and surgical fields consistently rise to the top. These physicians perform complex, high-risk interventions where adverse outcomes are more likely to result in litigation.

Specialties with the highest malpractice rates typically include:

• Neurosurgery
• Obstetrics and gynecology (OB-GYN)
• Orthopedic surgery
• General surgery
• Cardiothoracic surgery

Neurosurgeons are often cited as having the highest malpractice rates overall. The combination of invasive procedures, potential for severe neurologic injury and high settlement amounts drives both claim frequency and premium costs.

What doctors have the most malpractice suits?

Looking at malpractice insurance cost by specialty often overlaps with data on which physicians face the most lawsuits. While not every claim leads to a payout, certain specialties are sued far more frequently than others.

OB-GYNs are among the most frequently sued physicians, largely due to the long-term consequences associated with birth-related injuries. General surgeons and orthopedic surgeons also experience a high volume of claims, particularly when postoperative complications arise.

Frequent lawsuits do not always correlate with losing cases. Some specialties face numerous claims that are ultimately dismissed or resolved without payment, but the defense costs alone significantly impact malpractice insurance premiums.

Who is most liable for medical malpractice?

When assessing highest malpractice insurance, liability risk plays a central role. Physicians who are most liable for medical malpractice typically share common characteristics:

• They perform invasive or irreversible procedures
• Their decisions can result in permanent injury or death
• Claims often involve high economic and noneconomic damages

Surgeons, anesthesiologists and OB-GYNs tend to carry the highest malpractice insurance because insurers anticipate greater financial exposure if a claim is successful. Even when physicians provide appropriate care, poor outcomes alone can trigger lawsuits in high-liability specialties.

Which doctor is least likely to be sued?

On the opposite end of the spectrum, some physicians are significantly less likely to face malpractice claims. Understanding what percentage of medical malpractice cases are won also helps put this risk into perspective.

Studies consistently show physicians win or see dismissal in most malpractice cases—often 60–70% or more. However, certain specialties face fewer lawsuits to begin with, including:

• Psychiatrists
• Pathologists
• Radiologists
• Family medicine physicians
• Pediatricians

These specialties generally involve fewer invasive procedures and lower immediate physical risk, resulting in lower claim frequency and reduced malpractice insurance costs. Even so, no physician is entirely immune from litigation, which is why maintaining adequate coverage remains essential.

Malpractice insurance rates are closely tied to specialty risk, liability exposure and claim severity. Surgical and procedural specialists—particularly neurosurgeons and OB-GYNs—face the highest malpractice rates and premiums, while nonprocedural fields experience lower overall risk.

Whether you’re choosing a specialty, evaluating coverage or comparing providers, understanding how malpractice risk affects insurance costs can help you make more informed decisions.

Looking for the right coverage for your specialty? Compare policy options, limits and pricing from trusted insurers to find malpractice protection that aligns with your career stage and risk profile and find more insights in the PracticeLink Resource Center.