Why Kentucky Physicians choose My Medical Malpractice Insurance:
- We get you Medical Malpractice Insurance quotes from the leading Medical Malpractice Insurers in Kentucky.
- We see to it that you receive all the physician discounts available to you: Claims-free, Risk Management and New to Practice.
- We save you the necessity of purchasing separate tail coverage by ensuring that Prior Acts Coverage is included.
- Our experienced liability specialists will shape your policy to fit your particular needs.
- We offer several free Practice Tools, such as our Online Patient Satisfaction Survey System, on-staff Certified Professional Healthcare Risk Manager (CPHRM) and many other tools to help your practice succeed and thrive.
- Cooperating with the Medical Liability Monitor (the nation's leading independent source of Medical Liability Insurance news as well as the political, legal and risk management issues that affect the healthcare industry) we’ve published historic rate data for every city in Kentucky. This information offers insights into the Bluegrass State’s data trends when you’re making your decisions on your professional medical liability carrier and coverage. That’s just another reason why MyMedicalMalpracticeInsurance.com is the preferred online site for Kentucky physicians and healthcare professionals searching for ways to lower their medical malpractice insurance rates and find the best coverage.
- Request your free Kentucky Medical Malpractice Insurance quote today, and let our brokers find you top coverage at the lowest price.
Medical Malpractice Insurance in Kentucky
Medical malpractice insurance premiums in Kentucky are expensive. This is especially true when compared to premiums in neighboring states, like Tennessee, Indiana and Virginia. The commonwealth’s General Assembly has tried several times in the last 35 years to pass laws that would reign in the scope of liability its healthcare workforce encounters; each time blocked by 100-year-old “open court” provisions in the Kentucky Constitution.
At the heart of the commonwealth’s inability to institute more effective tort reforms, like caps on non-economic and punitive damages, has been the “open courts” provision in the Kentucky Constitution. Following a constitutional convention in 1889, the fourth version of the Kentucky Constitution, in Section 14, contained a provision which reads: “All courts shall be open, and every person for an injury done him in his lands, goods, person or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial or debate.” It further prohibits the legislature from limiting the amount to be recovered for injuries resulting in death, or for injuries to a person or property and to provide that “[w]henever the death of a person shall result from an injury inflicted by negligence or wrongful act, then, in every such case, damages may be recovered for such death, from the corporations and persons so causing the same.” In Section 54, the wording is even more blunt, declaring “the General Assembly shall have no power to limit the amount to be recovered for injuries resulting in death, or for injuries to person or property.”
These “open court” provisions clearly prohibit the General Assembly from creating a cap on non-economic or punitive damages. Damage caps have been viewed as the gold standard of tort reforms since 1975, when California’s MICRA legislation capped non-economic damages, creating a stable medical liability climate in the nation’s most populated state. Damage caps have proven effective at lowering medical malpractice insurance costs because they eliminate multimillion dollar jury verdicts based on unquantifiable injuries such as pain and suffering. By removing the likelihood of “jackpot” jury verdicts, medical malpractice insurers are able to carry a lower reserve; deflating the premiums dollar amount the insurers have to charge policyholders in order to be prepared for the possibility of multimillion-dollar punitive awards.
Kentucky first attempted to institute medical-liability-specific tort reforms during the nationwide malpractice crisis that developed in the mid-1970s with the passage of the 1976 Kentucky Medical Malpractice Act. The Kentucky Malpractice Act included two distinct bills, Senate Bill 248 and Senate Bill 249.
The purpose of SB 248 was to reduce the cost of healthcare malpractice insurance and ensure its availability through the creation of a Kentucky Patients’ Compensation Fund. The major provisions of this fund include the following points: (a) Each healthcare provider in the state must carry professional liability insurance in the minimum amount of $100,000 per occurrence and $300,000 per year, or else qualify as a self-insurer; (b) Each healthcare provider will be charged an annual payment for the compensation fund. The amount will be determined by the Commissioner of Insurance, and will range up to 10 percent of the annual insurance premium for a physician, and up to fifty dollars per bed for a hospital. These funds will take the form of a surcharge of the insurance premium; they will be collected by the insurance companies and forwarded to the Commissioner; (c) The Commissioner will provide the minimum required coverage for any health care provider who cannot obtain insurance or who must pay over 300 percent of an average premium. This protective coverage is limited to a maximum of ten physicians per year; (d) if a judgment or settlement exceeds the initial coverage of $100,000, the patients’ compensation fund will be liable for the remainder; (e) if malpractice claims exceed the resources of the patients’ compensation fund, they will be paid out of the general fund of the Commonwealth.
Other key provisions of SB 248 include the following points: 1. A malpractice complaint can no longer recite a specific dollar amount for damages, but may only contain an allegation that the damages are sufficient to establish the jurisdiction of the court; 2. A jury may apportion damages among several malpractice defendants in differing percentages, or may find the defendants jointly and severally liable; 3. Whenever a settlement is made or damages are awarded, the Commissioner of Insurance will report the healthcare provider to the state licensing board; 4. A patient’s informed consent is presumed in two situations: where a reasonable person would have a general understanding of the procedures, alternatives, and inherent risks from the information provided by the healthcare provider or where an emergency exists and consent cannot reasonably be obtained.
SB 249 established a medical malpractice insurance joint underwriting association (JUA) with its intent to insure the availability of adequate medical liability insurance through the implementation of a mandatory risk pooling system. The JUA was to operate under the following guidelines: (a) Membership to the association is required of all liability insurers as a condition for selling insurance in the state; (b) The association will issue malpractice insurance policies to applicants for a maximum coverage of $100,000 per claim and $1 million aggregate; (c) The association will cease to function when the Commissioner of Insurance determines that medical malpractice insurance is readily available on the open market, or after two and one-half years; (d) Each policy holder will pay to the association an additional charge equal to one-third of each premium payment (these payments will form a reserve fund and will be used to “stabilize” the association); and (e) All licensed physicians, hospitals, and other licensed healthcare providers will be entitled to apply to the association for medical malpractice coverage.
The Kentucky Medical Malpractice Act of 1976 was almost immediately challenged in the commonwealth’s court system, and was ruled unconstitutional by the Kentucky Supreme Court on June 21, 1977, in the case of McGuffey v. Hall. Specifically, it was two key provisions of SB 248—sections 9 and 10—that were found to be unconstitutional.
Section 9 was deemed to be in violation of the commonwealth’s constitution due to technical clashes with federal law, while Section 10 was ruled unconstitutional as an unjustified exercise of the state’s police power to mandate the purchase of medical malpractice insurance.
In 1988, the Kentucky General Assembly passed tort reform legislation, titled House Bill 551, which intended to modify Kentucky law with respect to punitive damages. The Assembly’s intent was to redefine the circumstances in which punitive damages were recoverable, departing from the traditional common law standard which allowed a jury to impose punitive damages upon a finding of gross negligence as measured by an objective standard. The updated statutory standard would have required a determination that the defendant acted with “flagrant indifference to the rights of the plaintiff and with a subjective awareness that such conduct will result in human death or bodily harm.” A Circuit Court and the Court of Appeals overturned the statute because it violates Sections 14 and 54 of the Constitution of Kentucky. Again, these are the “open court” provisions of the Kentucky Constitution.
In 2006, realizing there was little room for skirting the “open court” provisions of the Kentucky Constitution, conservative legislators attempted to actually amend the constitution so that the Assembly could impose a cap of $250,000 for non-economic and punitive damages as well as subject all medical malpractice claims to arbitration. It would have also amended Sections 14 and 241 to make medical malpractice cases exempt from their protections. Known as Senate Bill 1, the attempt to get a constitutional amendment on a ballot for voter approval failed.
Kentucky cannot be faulted for not trying, but unless a ballot initiative is successful at amending the commonwealth’s constitution in regard to its “open court” provisions, there is little chance of strong medical liability tort reforms passing judicial muster. For this reason, amongst others, it is crucial to your practice’s business success that you work with an experienced medical malpractice insurance broker. Only a broker with experience and access to all the top insurers that do business in Kentucky will be able to shop your coverage for the best terms at the most affordable rate.
All Medical Liability Monitor rate data is protected under United States Copyright Law. The rate data may not be reproduced in whole or part without permission. Contact the editor at Medical Liability Monitor for more information.
KENTUCKY
Physician Medical Malpractice Insurance Rates
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
| 2000 |
| INTERNAL MEDICINE (% change since last survey) |
GENERAL SURGERY (% change since last survey) |
OB/GYN (% change since last survey) |
|---|---|---|
| $5,242 0% |
$15,725 0% |
$28,829 0% |
| INTERNAL MEDICINE (% change since last survey) |
GENERAL SURGERY (% change since last survey) |
OB/GYN (% change since last survey) |
|---|---|---|
| $7,491 + 7.1% |
$40,862 + 7.1% |
$54,472 + 7.1% |
| 2001 |  |
| INTERNAL MEDICINE (% change since last survey) |
GENERAL SURGERY (% change since last survey) |
OB/GYN (% change since last survey) |
|---|---|---|
| $5,635 + 7.5% |
$16,904 + 7.5% |
$30,991 + 7.5% |
| COUNTY | INTERNAL MEDICINE (% change since last survey) |
GENERAL SURGERY (% change since last survey) |
OB/GYN (% change since last survey) |
|---|---|---|---|
| Jefferson County | $7,978 + 6.5% |
$43,519 + 6.4% |
$58,799 + 7.9% |
| Rest of State | $7,746 + 3.4% |
$42,251 + 3.4% |
$57,086 + 4.8% |
| 2002 | |
| COUNTY | INTERNAL MEDICINE (% change since last survey) |
GENERAL SURGERY (% change since last survey) |
OB/GYN (% change since last survey) |
|---|---|---|---|
| Jefferson County | $8,320 + 4.3% |
$47,962 + 10.2% |
$72,464 + 23.2% |
| Rest of State | $7,235 - 6.6% |
$41,706 - 1.3% |
$63,012 + 10.4% |
| 2003 | |
| COUNTY | INTERNAL MEDICINE (% change since last survey) |
GENERAL SURGERY (% change since last survey) |
OB/GYN (% change since last survey) |
|---|---|---|---|
| Jefferson County | $10,400 + 25.0% |
$46,919 - 2.2% |
$74,826 + 3.3% |
| Rest of State | $8,320 + 15.0% |
$37,535 - 10.0% |
$59,861 - 5.0% |
| INTERNAL MEDICINE (% change since last survey) |
GENERAL SURGERY (% change since last survey) |
OB/GYN (% change since last survey) |
|---|---|---|
| $7,348 0% |
$28,290 0% |
$39,385 0% |
| 2004 | |
| COUNTY | INTERNAL MEDICINE (% change since last survey) |
GENERAL SURGERY (% change since last survey) |
OB/GYN (% change since last survey) |
|---|---|---|---|
| Jefferson County | $12,533 + 20.5% |
$56,538 + 20.5% |
$85,658 + 14.5% |
| Rest of State | $10,026 + 20.5% |
$45,230 + 20.5% |
$68,526 + 14.5% |
| INTERNAL MEDICINE (% change since last survey) |
GENERAL SURGERY (% change since last survey) |
OB/GYN (% change since last survey) |
|---|---|---|
| $10,802 + 47.0% |
$39,295 + 38.9% |
$54,391 + 38.1% |
| COUNTY | INTERNAL MEDICINE (% change since last survey) |
GENERAL SURGERY (% change since last survey) |
OB/GYN (% change since last survey) |
|---|---|---|---|
| Jefferson County | $8,419 + 15.0% |
$37,765 + 15.0% |
$56,703 + 15.0% |
| Rest of State | $8,419 + 15.0% |
$37,765 + 15.0% |
$56,703 + 15.0% |
| INTERNAL MEDICINE (% change since last survey) |
GENERAL SURGERY (% change since last survey) |
OB/GYN (% change since last survey) |
|---|---|---|
| $11,064 | $46,077 | $59,280 |
| 2005 | |
| COUNTY | INTERNAL MEDICINE (% change since last survey) |
GENERAL SURGERY (% change since last survey) |
OB/GYN (% change since last survey) |
|---|---|---|---|
| Jefferson County | $15,384 + 22.7% |
$69,400 + 22.7% |
$105,145 + 22.7% |
| Rest of State | $12,307 + 22.8% |
$55,520 + 22.8% |
$84,116 + 22.8% |
| INTERNAL MEDICINE (% change since last survey) |
GENERAL SURGERY (% change since last survey) |
OB/GYN (% change since last survey) |
|---|---|---|
| $12,962 + 20.0% |
$48,983 + 24.7% |
$72,997 + 34.2% |
| COUNTY | INTERNAL MEDICINE (% change since last survey) |
GENERAL SURGERY (% change since last survey) |
OB/GYN (% change since last survey) |
|---|---|---|---|
| Jefferson County | $8,937 + 6.2% |
$40,086 + 6.2% |
$60,188 + 6.2% |
| Rest of State | $8,937 + 6.2% |
$40,086 + 6.2% |
$60,188 + 6.2% |
| COUNTY | INTERNAL MEDICINE (% change since last survey) |
GENERAL SURGERY (% change since last survey) |
OB/GYN (% change since last survey) |
|---|---|---|---|
| Jefferson, Fayette, Warren, Lewis, Morgan, Laurel, Lawrence Cos. | $11,750 + 6.2% |
$48,934 + 6.2% |
$62,957 + 6.2% |
| Knox County | $14,100 | $58,717 | $75,543 |
| 2006 | |
| COUNTY | INTERNAL MEDICINE (% change since last survey) |
GENERAL SURGERY (% change since last survey) |
OB/GYN (% change since last survey) |
|---|---|---|---|
| Jefferson County | $15,595 + 1.4% |
$28,235 -5.3% |
$101,387 - 3.6% |
| Fayette County | $11,526 | $48,194 | $74,938 |
| Rest of State | $13,560 + 10.2% |
$56,699 + 2.1% |
$88,162 + 4.8% |
| INTERNAL MEDICINE (% change since last survey) |
GENERAL SURGERY (% change since last survey) |
OB/GYN (% change since last survey) |
|---|---|---|
| $13,331 + 2.8% |
$50,791 + 3.7% |
$75,765 + 3.8% |
| COUNTY | INTERNAL MEDICINE (% change since last survey) |
GENERAL SURGERY (% change since last survey) |
OB/GYN (% change since last survey) |
|---|---|---|---|
| Jefferson County | $9,383 + 5.0% |
$42,000 + 4.8% |
$63,198 + 5.0% |
| Rest of State | $9,383 + 5.0% |
$42,090 + 5.0% |
$63,198 + 5.0% |
| COUNTY | INTERNAL MEDICINE (% change since last survey) |
GENERAL SURGERY (% change since last survey) |
OB/GYN (% change since last survey) |
|---|---|---|---|
| Jefferson, Fayette, Warren, Lewis, Morgan, Laurel, Lawrence Cos. | $13,374 + 13.8% |
$50,690 + 3.6% |
$65,215 + 3.6% |
| Knox County | $15,188 + 7.7% |
$57,567 - 2.0% |
$74,064 - 2.0% |
| 2007 | |
| COUNTY | INTERNAL MEDICINE (% change since last survey) |
GENERAL SURGERY (% change since last survey) |
OB/GYN (% change since last survey) |
|---|---|---|---|
| Jefferson County | $15,595 0% |
$65,203 0% |
$101,387 0% |
| Fayette County | $11,526 0% |
$48,194 0% |
$74,938 0% |
| Rest of State | $13,560 0% |
$56,699 0% |
$88,162 0% |
| INTERNAL MEDICINE (% change since last survey) |
GENERAL SURGERY (% change since last survey) |
OB/GYN (% change since last survey) |
|---|---|---|
| $12,842 - 3.7% |
$48,944 - 3.6% |
$73,013 - 3.6% |
| COUNTY | INTERNAL MEDICINE (% change since last survey) |
GENERAL SURGERY (% change since last survey) |
OB/GYN (% change since last survey) |
|---|---|---|---|
| Jefferson County | $9,383 0% |
$42,000 0% |
$63,198 0% |
| Rest of State | $9,383 0% |
$42,090 0% |
$63,198 0% |
| COUNTY | INTERNAL MEDICINE (% change since last survey) |
GENERAL SURGERY (% change since last survey) |
OB/GYN (% change since last survey) |
|---|---|---|---|
| Jefferson, Fayette, Warren, Lewis, Morgan, Laurel, Lawrence Cos. | $12,470 - 6.8% |
$47,263 - 6.8% |
$50,674 - 22.3% |
| Knox County | $14,964 - 1.5% |
$56,716 - 1.5% |
$60,807 - 17.9% |
| 2008 | |
| COUNTY | INTERNAL MEDICINE (% change since last survey) |
GENERAL SURGERY (% change since last survey) |
OB/GYN (% change since last survey) |
|---|---|---|---|
| Jefferson County | $15,595 0% |
$65,203 0% |
$89,150 - 12.0% |
| Fayette County | $10,511 - 9.0% |
$43,952 - 9.0% |
$60,141 - 20.0% |
| Rest of State | $12,366 - 9.0% |
$51,708 - 9.0% |
$70,754 - 20.0% |
| AREA | INTERNAL MEDICINE (% change since last survey) |
GENERAL SURGERY (% change since last survey) |
OB/GYN (% change since last survey) |
|---|---|---|---|
| Entire State | $12,842 0% |
$48,944 0% |
$73,013 0% |
| COUNTY | INTERNAL MEDICINE (% change since last survey) |
GENERAL SURGERY (% change since last survey) |
OB/GYN (% change since last survey) |
|---|---|---|---|
| Jefferson County | $9,134 - 3.0% |
$40,785 - 3.0% |
$61,281 - 3.0% |
| Rest of State | $9,134 - 3.0% |
$40,785 - 3.0% |
$61,281 - 3.0% |
| COUNTY | INTERNAL MEDICINE (% change since last survey) |
GENERAL SURGERY (% change since last survey) |
OB/GYN (% change since last survey) |
|---|---|---|---|
| Jefferson, Fayette, Warren, Lewis, Morgan, Laurel, Lawrence Cos | $12,470 | $42,841 | $60,807 |
| Knox County | $13,719 | $47,131 | $66,898 |
| 2009 | |
| COUNTY | INTERNAL MEDICINE (% change since last survey) |
GENERAL SURGERY (% change since last survey) |
OB/GYN (% change since last survey) |
|---|---|---|---|
| Jefferson County | $13,232 - 15% |
$55,328 - 15% |
$75,706 - 15% |
| Fayette County | $10,511 0% |
$43,952 0% |
$60,140 0% |
| Rest of State | $12,366 0% |
$51,708 0% |
$70,754 0% |
| AREA | INTERNAL MEDICINE (% change since last survey) |
GENERAL SURGERY (% change since last survey) |
OB/GYN (% change since last survey) |
|---|---|---|---|
| Entire State | $12,842 0% |
$48,944 0% |
$73,013 0% |
| COUNTY | INTERNAL MEDICINE (% change since last survey) |
GENERAL SURGERY (% change since last survey) |
OB/GYN (% change since last survey) |
|---|---|---|---|
| Jefferson County | $8,476 - 7% |
$37,404 - 8% |
$56,205 - 8% |
| Rest of State | $8,476 - 7% |
$37,404 - 8% |
$56,205 - 8% |
| COUNTY | INTERNAL MEDICINE (% change since last survey) |
GENERAL SURGERY (% change since last survey) |
OB/GYN (% change since last survey) |
|---|---|---|---|
| Jefferson, Fayette, Warren, Lewis, Morgan, Laurel, Lawrence Counties | $13,374 7% |
$45,947 7% |
$65,215 7% |
| Knox County | $13,925 2% |
$47,838 2% |
$67,901 1% |
To find the most current medical malpractice insurance rates in Kentucky, contact Mike Matray at the Medical Liability Monitor. MyMedicalMalpracticeInsurance.com has negotiated an excellent rate for all of our users, mention our site, and you can receive the Medical Liability Monitor at a low promotional price.
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