Texas tort reform (HB 4, 2003)
Non-economic damages are capped at $250K per defendant (up to $750K total). Economic damages are uncapped.
- $200K/$600K is common; $1M/$3M for hospital privileges
- Texas Medical Liability Trust and several carriers compete for Texas physicians
- Florida has no effective cap; $250K/$750K or $1M/$3M is common and premiums run 2–4×
Claims-made and tail
Most physician policies are claims-made. Leaving means buying tail or securing prior-acts (nose) coverage from the new carrier.
- Tail = 150%–200% of mature premium, one-time
- Free tail after 5 years on retirement, death, or disability with many carriers
- Negotiate tail in any employment agreement — who pays?
Employed physicians
Hospital-provided coverage usually lacks consent-to-settle and ends when employment ends.
- Ask whether the hospital pays tail on termination
- Confirm limits and whether they're shared
- Consider a personal 'gap' policy for moonlighting and licensing defense