Delaware Physician Assistant Malpractice Insurance
A physician assistant (PA) in Delaware is licensed by the Board of Medical Licensure and Discipline through its Regulatory Council, and since May 12, 2026 state law calls the profession “physician associate” (24 Del. C. 1774F). No Delaware law requires PA malpractice insurance and the malpractice chapter sets no damage cap, so employers set your limits. Quote online from Wilmington, Dover or Newark and get same-day proof.
Why Delaware PAs Need Their Own Policy
Delaware juries face no cap on malpractice damages, but every suit must be filed with an expert's affidavit of merit (18 Del. C. 6853), and plaintiffs' lawyers' fees are capped on a sliding scale (6865). HB 325 lets PAs with more than 6,000 postgraduate hours apply to practice without a collaborative agreement, which makes a policy in your own name more important. PAs commuting from Pennsylvania, Maryland or New Jersey need a policy that names every state.
How much does malpractice insurance for Physician Assistants cost in Delaware?
Costs are based on specialties as well as full vs part- time hours:
Average $1M/$3M Coverage Premium - Part Time (less than 24 hours/week):
$1,012 - P1 (lower-risk outpatient specialties like family practice or dermatology)
$1,317 - P2 (hospital ER, urgent care, OR work under 10 hours/week)
$1,611 - P3 (surgical or OB/GYN without L&D, trauma, pain management)
Average $1M/$3M Coverage Premium - Full Time (greater than 24 hours/week):
$1,523 - P1 (lower-risk outpatient specialties like family practice or dermatology)
$1,988 - P2 (hospital ER, urgent care, OR work under 10 hours/week)
$2,426 - P3 (surgical or OB/GYN without L&D, trauma, pain management)
Sample rates only. Premium will be underwritten for your exact situation when using our Instant Online Quote portal.
Physician Assistant Insurance cost varies depending on:
* Scope of services provided
* Claims-made vs. occurrence form
* Policy limits (standard limits are $1/$3M, but $100k/$300k, $250k/$500k, $500k/$1M and $2M/$4M limits available
* Prior claims history
**Note:** Rates will be underwritten for your exact situation.
Delaware PA Practice Rules
Coverage rule: 24 Del. C. ch. 17, subch. VI sets no PA malpractice insurance requirement; contracts usually ask for $1M/$3M. Damages: 18 Del. C. ch. 68 sets no cap on compensatory damages, punitive damages only for malicious or willful or wanton conduct (18 Del. C. 6855), no patient compensation fund. Deadline: 2 years from injury, 3 if not reasonably discoverable, and a child under 6 has until age 6 (6856).
A Delaware PA practices under a written collaborative agreement kept at the PA's primary practice location and given to the Board or Council on request (24 Del. C. 1771(b)). A physician may collaborate with no more than 4 PAs, except in the same building with active physician coverage (1771(f)). Once HB 325 is implemented, PAs with over 6,000 postgraduate hours may apply for independent practice (1772(j)).
Delaware Physician Assistant (PA) FAQs
Is malpractice insurance required for PAs in Delaware?
Not by statute. The PA subchapter (24 Del. C. 1770 to 1774G) has no coverage requirement. Delaware hospitals and groups require it for credentialing, usually $1M per claim and $3M aggregate, and a PA with independent practice authority should expect to need a personal policy.
$1M/$3M is the usual contract minimum. Delaware's malpractice chapter (18 Del. C. ch. 68) sets no cap on compensatory damages, so surgical, emergency and obstetric employers may ask for more. Your contract sets the number.
How much liability coverage is standard for a physician assistant in Delaware?
How much does malpractice insurance for Physician Assistants cost in Delaware?
In Delaware, Physician Assistant malpractice coverage can start as low as $972 annually for $100,000/$300,000 limits. Full-time coverage at the standard $1M/$3M level often averages $1523 for P1 (lower-risk outpatient specialties like family practice or dermatology), $1988 for P2 (hospital ER, urgent care, OR work under 10 hours/week), and $2426 for P3 (surgical or OB/GYN without L&D, trauma, pain management). If practicing part-time in Delaware, premiums are commonly about $1012 for P1, $1317 for P2, and $1611 for P3. Final premiums vary by specialty, procedures, hours worked, and individual claims history.
Will my clinic's malpractice insurance cover me as a Delaware PA?
Sometimes. In Delaware, an employer policy protects you only if it names you, and only for work done for that employer. Ask for a certificate showing you by name, your own limits and who pays tail.
Claims that your diagnosis, treatment, prescribing or procedures injured a patient: lawyers, experts, court costs and damages. Most Delaware PA policies also include a license defense limit for the Delaware Board of Medical Licensure and Discipline.
What does a physician assistant malpractice policy actually cover in Delaware?
Can a PA practice without a supervising physician in Delaware?
Not yet for most PAs. Delaware PAs practice under a written collaborative agreement kept at the primary practice location (24 Del. C. 1771(b)). Under HB 325, PAs with more than 6,000 postgraduate hours may apply for independent practice once the rules take effect, no later than May 12, 2027 (1772(j), 1773(a)).
Yes, within the scope of PA practice set by Council rules (24 Del. C. 1773(a)(2)e). You need a Delaware controlled substance registration, renewed every 2 years (16 Del. C. 4732), plus DEA registration. A temporary licensee can't prescribe (1774(b)).
Can a Delaware PA prescribe Schedule II drugs?
What is the deadline to file a malpractice claim against a PA in Delaware?
Two years from the injury in Delaware, extended to 3 years if the injury was not reasonably discoverable sooner; a child under 6 has until age 6 (18 Del. C. 6856). An affidavit of merit from an expert must accompany the complaint.
Is there a damages cap or state compensation fund for Delaware malpractice claims?
Neither, in Delaware. Title 18, chapter 68 sets no cap on compensatory damages, and the Joint Underwriting Association it once created has been repealed. Punitive damages need malice or willful or wanton misconduct, found separately by the jury (18 Del. C. 6855).
Do I need tail coverage when I leave a PA job in Delaware?
On claims-made, yes. In Delaware, most suits must be filed within 2 years of the injury, 3 years if it couldn't reasonably be discovered sooner, and a child under 6 has until age 6 (18 Del. C. 6856). Plan tail or prior-acts coverage for that window.
Is occurrence or claims-made coverage better for Delaware PAs?
Occurrence covers each year's incidents permanently in Delaware. Claims-made starts cheaper but needs tail. With a 3-year outer limit for most adults, a claims-made policy needs tail or prior acts covering at least those 3 years.
Do I need malpractice insurance for my first PA job in Delaware?
Yes, from your first patient. A new Delaware PA should confirm before day one that the employer policy names them, or bind a personal policy. Many carriers step-rate new PAs, so early premiums are often lower.
Does a Delaware PA's malpractice policy cover virtual visits?
Only where you're authorized. Delaware is a PA Licensure Compact member (24 Del. C. ch. 17B), but privileges depend on the Compact Commission's rollout. Until then you need a license, or a state-specific telehealth registration, where the patient sits.
Will my malpractice insurance defend my Delaware PA license?
Most individual PA policies do, but the limit is far lower than the malpractice limit. Check the license defense sublimit on your declarations page and whether it covers Delaware Board of Medical Licensure and Discipline hearings.
What is the risk of practicing as a PA in Delaware without malpractice insurance?
No statute forbids it, but hospitals and most employers won't credential you in Delaware. With no damage cap, an uninsured judgment falls on your own assets, and once you hold independent practice authority there's no collaborating physician's policy in the picture.
Will a malpractice claim show up on my record as a Delaware PA?
Yes, through the insurer. In Delaware, carriers report each paid claim to the Insurance Commissioner within 60 days (18 Del. C. 6820), and the Commissioner forwards every provider with a settlement or judgment to the licensing board for a fitness review (6821). Payments also go to the NPDB.
How quickly can I get covered as a PA in Delaware?
Usually within a day for a clean application. The instant online quote prices Delaware PA coverage in minutes; prior claims or surgical work can add underwriting time.
What did Delaware's HB 325 change for PAs in 2026?
HB 325 (85 Del. Laws c. 253, signed May 12, 2026) renamed the profession physician associate and created independent practice authority for PAs with more than 6,000 postgraduate hours in Delaware. It takes effect when the Board approves the Council's rules or by May 12, 2027.
Do Delaware PAs who also work in Maryland or Pennsylvania need separate coverage?
You need authority in each state and a policy that lists every one. Delaware joined the PA Licensure Compact in 2023 (24 Del. C. ch. 17B), and Pennsylvania and Maryland have their own rules, so check each state before you take a shift there.
No more than 4 at a time unless a Board regulation changes the number in Delaware. The limit doesn't apply in the same office or facility building, such as an emergency department, when there's active physician coverage (24 Del. C. 1771(f)).
How many PAs can one physician supervise in Delaware?
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Helpful Links:
- Physician assistant (PA) insurance guide
- PA malpractice insurance cost by state
- Instant PA insurance quotes
- Am I covered under my supervising physician's policy?
- Tail coverage for physician assistants
- Claims-made vs occurrence for PAs
- Pennsylvania PA malpractice insurance
- Maryland PA malpractice insurance
- New Jersey PA malpractice insurance
Delaware sources:
- Delaware Board of Medical Licensure and Discipline: PA license
- 24 Del. C. ch. 17, subch. VI (physician associates)
- HB 325 (85 Del. Laws c. 253, 2026)
- 24 Del. C. ch. 17B (PA Licensure Compact)
- 18 Del. C. 6853 to 6856 (affidavit, punitive damages, deadlines)
- 18 Del. C. 6820 to 6821 (claim reporting)
- 18 Del. C. 6862 to 6865 (collateral source, attorney fees)
- 16 Del. C. 4732 (controlled substance registration)