Malpractice insurance?

Nurses General Nursing

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Hey everyone,

I'm a new nurse (2months in) on a cardiac floor. I love it so far! I was talking with a nurse the other day who stated she has . Of course I try my best to not make mistakes as a nurse but I cherish my license so much I would be devistated to lose it over a mistake. How many of you nurses out there have this? Do you think it is something all nurses should have? How do you go about getting insurance? Thanks!

Specializes in Healthcare risk management and liability.

Extra Pickles, with all due respect, I think you do not understand an essential issue: your own liability coverage is not going to do anything for you for a case involving you for which you are covered by the hospital's insurance as a hospital employee. It is excess coverage only over and above the coverage from the hospital. Unless you are excluded from coverage, which very rarely happens, or the hospital runs out of insurance, which even more rarely happens, your own coverage is not going to do a darn thing for you because it will not be triggered.

Now, if you are stating that the hospital's will not cover you for a licensure defense action arising out of a malpractice claim involving you, that is absolutely correct. Your own policy may be triggered in that instance and you can take advantage of the licensure defense coverage. If you accidentally give a patient a bolus of potassium chloride, the hospital is liable for your actions as an employee, and the hospital's insurance will be covering you for your actions of malpractice. The subsequent complaint against your license by the BON is not covered by the hospital's insurance. Many nurses say that the hospital did not cover them for a malpractice claim, and when I question them more closely, they were indeed covered for the malpractice, but not the subsequent BON complaint. The hospital's malpractice insurance is not designed to cover staff licensure complaints, and the staff erroneously thinks it does.

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Extra Pickles, with all due respect, I think you do not understand an essential issue: your own liability coverage is not going to do anything for you for a case involving you for which you are covered by the hospital's insurance as a hospital employee. It is excess coverage only over and above the coverage from the hospital. Unless you are excluded from coverage, which very rarely happens, or the hospital runs out of insurance, which even more rarely happens, your own coverage is not going to do a darn thing for you because it will not be triggered.

Now, if you are stating that the hospital's malpractice insurance will not cover you for a licensure defense action arising out of a malpractice claim involving you, that is absolutely correct. Your own policy may be triggered in that instance and you can take advantage of the licensure defense coverage. If you accidentally give a patient a bolus of potassium chloride, the hospital is liable for your actions as an employee, and the hospital's insurance will be covering you for your actions of malpractice. The subsequent complaint against your license by the BON is not covered by the hospital's insurance. Many nurses say that the hospital did not cover them for a malpractice claim, and when I question them more closely, they were indeed covered for the malpractice, but not the subsequent BON complaint. The hospital's malpractice insurance is not designed to cover staff licensure complaints, and the staff erroneously thinks it does.

I haven't laid out every instance in which I understand my policy does and does not cover me. I'm only saying that when a new nurse is making the decision on whether to obtain (which is the OP's purpose on this thread) that going to HR to discuss it (as suggested by another member) isn't the appropriate action to take. Neither, in my own opinion, is discussing the decision with Risk Management. I have learned that a very limited line of trust should exist with either department. I have learned this by seeing what has happened to colleagues who trusted all of them (including Legal) with their careers and lives when it came to lawsuits and how that went.

I have never made a claim with NSO and I pray I never need to. I've also never made a claim against my car insurance, my home insurance policy has never had a claim for flood or fire, both of which I have financial protection against. Not every single circumstance of every negative action will pay out my claim, but I understand that, and still carry insurance as a safeguard. I know my risk is small. I also know my premium is about four bucks per paycheck, so I'm good with that.

I like how this page is laid out, for those who wonder why anyone would want to get their own nursing malpractice insurance:

Malpractice Insurance Policy Gaps

My advice to everyone who holds a license is to look at this, review all the information, and make your best decision based on your own comfort level.

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Specializes in Nephrology, Cardiology, ER, ICU.

As an nurse, I have my livelihood to protect. I have had to discuss a claim with NSO and yes I did take their advice - I hired a lawyer they referred me to for something not covered by my malpractice policy but it was well worth my while.

I've also had homeowners claims and auto claims (unlike ExtraPickles who seems to live a charmed life - lol), and again very glad I had all the insurance.

Its called insurance for a reason. They can also provide advice and when I need advice I go to the experts -- in my case an administrative law attorney familiar with dealing with the BON in my state

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Specializes in Healthcare risk management and liability.

Although this is not on point to the OP question, your free risk management advice of the day: RTFP. In the insurance world, that stands for 'Read The F***ing Policy'. I spend in the mid six-figures every year buying commercial insurance for a large number of healthcare facilities. Shortly after June first (my renewal date), I get electronic copies of all my policies, running to the hundreds of pages. I read each and every page to make sure I understand what is covered and what is not, and any unique issues, such as claims reporting or the like, that I have to be aware of. I don't rely on my brokers or the insurance underwriters to tell me what is in the policy, I read it myself. I always tell people that this is a good habit to get into for any insurance policies you buy: whether a personal policy like auto or homeowners, or if you buy commercial insurance. I have saved a lot of money over the years when I have reported claims, the insurance company has denied coverage, and I cite the actual policy language supporting my contention that there is coverage. The insurance company subsequently covered the claim.

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The employer covers your liability. And if you are ever one of the few unlucky ones who has to defend yourself to the BON, you can always hire an attorney. And it will be an attorney of your choosing, not one paid by a third party.

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