White Paper
Nuclear Verdicts and Rising Claims Costs: How Hospitals Can Navigate an Increasingly Difficult Liability Market
White Paper Summary
The hospital liability insurance market is taking a beating. Nuclear verdicts — those exceeding $10 million — have become increasingly common. This legal conundrum presents a fundamental challenge for health care providers seeking to provide quality care and still stay in business.
The numbers tell a striking story. In 2022, there were approximately 48 nuclear verdicts totaling $1.3 billion in damages. Three years later, that number had jumped to 55 verdicts totaling $2.5 billion — an increase of nearly $1 billion in just a few years.
“The hospital professional liability and general liability market is in a hard market right now,” said Robert Ellis, EVP of Health care at Arch Insurance. “It really boils down to a couple of factors at play, and a lot of it is driven by claims costs — the increase in claim costs and what the industry calls frequency of severity.”
“If you go back to pre-COVID, we were experiencing mid-twenties verdicts annually, with occasional spikes to the mid-thirties. Obviously, it dropped off during COVID because the courts were closed, but in 2022, it just came roaring back with numbers topping the high forties to mid-fifties, and they’ve stayed there.”
This hard market environment is reshaping how insurers approach underwriting and how hospitals must think about their risk management strategies. Understanding these dynamics has become critical for hospital leadership and risk managers tasked with securing appropriate coverage while managing premium increases.
To learn more about Arch Insurance, visit their website at https://insurance.archgroup.com/

