Texas liability climate
Tort-reform statutory cap state
Civil Practice & Remedies Code §74 $250k non-economic cap.
A tort-reform state: a statutory cap or patient compensation fund limits some damages. The multiplier is below 1.00×.
The multiplier of 0.75× is a planning estimate for the state's claims environment, not a rate filed by a carrier. A statutory cap limits some damages; it does not set the premium.
Example valuesjoinandwise.com/malpractice/texasState medical liability statutes, NAIC loss-ratio filings and AMA liability tableschecked November 2, 2026amounts entered are masked
Tail coverage by specialty in Texas
Sorted from the lowest median estimate to the highest. Premiums and tail estimates include the state multiplier. Each row opens the state page for that specialty, with the premium range, the tail range and the exit liability by year.
| Specialty | Median annual premium | Tail multiple | Tail estimate | Action |
|---|---|---|---|---|
| Psychiatry | $6,000 | 2.0× | $12,000 | Breakdown → |
| Pediatrics (General) | $7,500 | 2.0× | $15,000 | Breakdown → |
| Family Medicine | $9,000 | 2.0× | $18,000 | Breakdown → |
| Internal Medicine (Outpatient) | $9,750 | 2.0× | $19,500 | Breakdown → |
| Dermatology | $12,000 | 2.0× | $24,000 | Breakdown → |
| Hospitalist (Internal Medicine) | $13,500 | 2.0× | $27,000 | Breakdown → |
| Ophthalmology | $13,500 | 2.0× | $27,000 | Breakdown → |
| Anesthesiology | $21,000 | 2.0× | $42,000 | Breakdown → |
| Gastroenterology | $21,000 | 2.0× | $42,000 | Breakdown → |
| Emergency Medicine | $25,500 | 2.0× | $51,000 | Breakdown → |
| Cardiology (Interventional) | $28,500 | 2.0× | $57,000 | Breakdown → |
| General Surgery | $36,000 | 2.0× | $72,000 | Breakdown → |
| Orthopedic Surgery | $41,250 | 2.0× | $82,500 | Breakdown → |
| OB/GYN | $51,000 | 2.0× | $102,000 | Breakdown → |
| Neurosurgery | $71,250 | 2.0× | $142,500 | Breakdown → |
Example valuesjoinandwise.com/malpractice/texasAndwise specialty benchmarks and state liability climatechecked November 2, 2026amounts entered are masked
What changes the estimate
- Claims-made maturity: premiums step up until the policy matures, around year 5.
- Policy limits: the table assumes $1M per claim and $3M aggregate.
- Carrier and claim history: the carrier prices the policy, not the state table.
- Part-time or reduced scope: fewer hours can change the premium and the tail.
- Tail multiple: the planning range is 150%–250% of the mature annual premium.
Questions to ask about the policy
- Does the policy state claims-made or occurrence?
- What is the retroactive date, and does a new policy cover prior acts?
- Which party pays the tail on resignation, on a without-cause termination, and at the end of the term?
- Does the tail obligation vest over years, and at what share each year?
- What multiple of the mature annual premium does the carrier charge for tail?
Sources
- SourceAndwise specialty malpractice and wRVU benchmarkschecked October 21, 2026/data/specialty-benchmarks.json
- SourceState medical liability statutes, NAIC loss-ratio filings and AMA liability tableschecked November 2, 2026
- SourceIndiana State Medical Association e-Report, Negotiating tail coverage in your employment agreement (September 2026)checked October 26, 2026https://ismanet.org/ISMA/Resources/e-Reports/9-3-26/Negotiating_Tail_Coverage.aspx