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Texas medical malpractice insurance guide

Texas does not require physicians to carry malpractice insurance under state statutes, although many hospitals require it for privileges. Texas also limits noneconomic damages under Chapter 74 while preserving economic damages, so compare the insured provider and institution structure, defense costs and limits rather than treating the statutory limit as a policy recommendation. 1,2

What Is Medical Malpractice?

Medical malpractice insurance can pay defense costs and covered damages when a patient claims a clinician’s care caused harm. If you provide health care, match the quote to your practice, clinicians, specialties and procedures, then check who is insured. Read the national Medical malpractice guide.

What to Watch for in Texas

  • Hospital privilege rules can still require coverage

    The Texas Medical Board says statutes do not require physicians to carry malpractice insurance, but many hospitals do require it for privileges. Confirm each facility’s contract and credentialing minimum separately from state law. 1

  • Provider and institution limits are separate

    Chapter 74 sets noneconomic-damage limits separately for individual physicians or providers and for institutions, with an aggregate limit when both are defendants. The cap does not decide how many insureds share your policy limit or whether the practice’s vicarious exposure is covered. 2

  • The damages cap does not cap economic losses

    Texas’s Chapter 74 noneconomic limits do not include economic damages. Check per-claim and annual aggregates, whether defense costs erode them, and how excess insurance responds across the clinician and institution. 2

  • An expert report deadline can arrive early

    For covered health-care-liability actions, Chapter 74 generally requires an expert report within 120 days after each defendant’s original answer, subject to statutory terms and consequences. Confirm the carrier’s defense counsel and claim-handling process can manage deadlines for all named insureds. 2

Who Regulates Insurance in Texas

Texas Department of Insurance

TDI licenses agents and insurers, reviews company rate filings, and investigates complaints against insurance companies and people it regulates. Its complaint page states limits on what it can resolve, including disputes outside its regulatory authority. 3,4,5

Surplus-lines tax and stamping office

Reported tax rate: 4.85% of gross premium plus 0.04% SLTX stamping fee When Texas is the insured’s home state, the state tax is 4.85% of gross premium; absent a compact allocation agreement, a multistate policy can be taxed on its entire premium. Policies effective on or after Jan. 1, 2024 also carry a 0.04% stamping fee; SLTX invoices the broker and says the insured pays it, and the surplus-lines insurer is not covered by the Texas guaranty association. 6,7,8

Surplus Lines Stamping Office of Texas

Providers With Documented State Licenses

These providers publish a national listing for Medical malpractice; the state records document licenses for the entities and roles shown below. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in Texas. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

  • CorgiCorgi Insurance Services, Inc.Insurance producer · checked 2026-09-28Corgi’s company producer-license table lists 50 jurisdictions: 49 states and the District of Columbia, including DC license 3003091619. New Mexico does not appear in the table and is not included here; the omission does not establish that Corgi is unlicensed there. The company-reported table has no stated as-of date and does not establish product availability. 11
  • VouchVouch Specialty Insurance Services, LLCInsurance producer, Surplus-lines broker · checked 2026-09-28Vouch’s licenses page, effective January 16, 2025, lists producer licenses in all 50 states and DC. Its separate surplus-lines table includes Idaho number 870820, while a footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses. Because those statements conflict for Idaho, this record keeps Idaho producer-only and does not treat the table number as established agency surplus-lines authority. The page is company-reported and does not establish product availability. 16

Questions to Ask Before You Buy in Texas

  1. What malpractice coverage minimums do your hospitals or credentialing contracts require, even though state statutes do not impose a general physician insurance mandate?
  2. How do the clinician, practice and facility limits apply to the same claim, and are defense expenses within those limits?
  3. Who monitors the Chapter 74 expert-report deadline for each named defendant?

Medical Malpractice in Texas: FAQ

Does Texas require every physician to buy malpractice insurance? 1

The Texas Medical Board says no general statutory requirement applies to physicians, while many hospitals require insurance as a condition of privileges. 1

Does Chapter 74’s noneconomic limit cap the whole claim? 2

No. Chapter 74 distinguishes noneconomic damages and does not cap economic damages under the cited sections. 2

Medical Malpractice in Other States

Other Coverage in Texas

Sources

  1. Does a physician have to have malpractice insurance? Texas Medical Board; Question 297, answer: no statutory insurance requirement for physicians; many hospitals require coverage for privileges. Accessed 2026-09-28.
  2. Texas Civil Practice and Remedies Code, Chapter 74. Texas Legislature; §§74.301-.303 noneconomic limits; §§74.251 and 74.351 filing period and expert-report deadline. Accessed 2026-09-28.
  3. texas insurance regulator. State insurance regulator; TDI regulator page outlines licensing, financial oversight, compliance/enforcement, and rate review. Accessed 2026-09-28.
  4. How to Find a Licensed Insurance Agent or Adjuster. State insurance regulator; TDI says search by agent name or license number and links to the state license search. Accessed 2026-09-28.
  5. Get Help with an Insurance Complaint. State insurance regulator; Direct complaint page explains covered entities, exclusions and online filing; Help Line 800-252-3439. Accessed 2026-09-28.
  6. Texas Insurance Code §§225.002–225.004. Texas Legislature; §225.002 limits chapter to Texas-home-state insured; §225.004(a) 4.85%; (a-1) NRRA home-state limitation; (c) entire premium where Texas is home state and no compact agreement. Accessed 2026-09-28.
  7. Stamping Fees & Taxes. Surplus Lines Stamping Office of Texas; Current policy-date table lists 0.04% for inception 1/1/2024 and after; stamping fee invoices go to brokers; site says fee is paid by insured. Accessed 2026-09-28.
  8. Texas Surplus Lines Companies. Texas Department of Insurance; TDI says surplus-lines insurers are not licensed in Texas and its guaranty association member; eligibility/disclaimer and broker financial-responsibility details. Accessed 2026-09-28.
  9. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  10. Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
  11. Insurance Producer Licenses. Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown. Accessed 2026-09-28.
  12. About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
  13. Licenses. ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885. Accessed 2026-09-28.
  14. About Risklytics. Risklytics; What we do; Who we insure; Licensing; Agency licenses table dated 2026-09-10. Accessed 2026-09-16.
  15. Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
  16. Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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