Malpractice Insurance: Having your own policy is a NECESSITY - page 4

New York State Nurses Association (NYSNA) REPORT: April 2003 Malpractice Insurance: Having your own policy is a NECESSITY! by Mark Genovese You may never have to use a professional liability... Read More

  1. by   sirI
    Quote from mschrisco
    the hospital's attorneys don't have anything (much) to do with the legal action (except maybe to the media). the hospital's insurance carrier has the attorneys that deal with those legal issues.
    i think that nurses get a little confused about who represents who.
    when a facility is sued, and insurance attorneys are called in, those attorneys are representing the facility...you are the facility. the actions of the employees are what is being questioned. so, they are representing the employees.
    the facility doesn't keep attorneys that defend them against legal actions. the insurance company keep those high paid attorneys.
    when nurses say "i want an attorney on my side"- to get that you would have to pay out of pocket-. your individual insurance carrier provides attorneys, yes, but those attorneys are there representing the insurance company. they do want to minimize the $$ by diminishing your guilt, or diminishing the damages, but ultimately, the attorneys all work together to work out a settlement.
    very few civil actions go to trial. it is too expensive, and many judges wouldn't allow it even if the parties wanted to. (yes-this happens- judges inform attorneys for all parties "get it off my docket".)
    i think it ranges between 4% and 6% that actually go to court.

    all malpractice insurance policies have limits of liability. other defendants employed at your entity may and probably do share your liability limits under the same policy. if you, as well as others, are named in a suit, your legal costs, including any settlement, could exceed your employer's shared liability limits. this would mean out-of-pocket expense(s) for you.

    your employer's policy may cover you, but only up to a point. your employer's policy is designed to fit their own needs and protect their interests first. if you have your own individual protection, you will have the benefit of your own representation, when needed, that is concerned specifically with your interests.

    here is a sticky thread about carrying liability insurance:

    ? get malpractice: importance of professional liability insurance in managing risk



    reasons why to carry malpractice insurance:

    need tips...meeting attorney re: pt liabilty case

    overdose of magnesium sulfate kills 18 mom in labor

    if your license is disciplined

    reinstated license after suspension

    falsely accused of a hipaa violation
  2. by   SuesquatchRN
    Quote from Mschrisco
    When a facility is sued, and insurance attorneys are called in, those attorneys are representing the facility...YOU ARE THE FACILITY.
    And when the facility wants to lay blame somewhere and files false allegations against you with the BON, you are NOT the facility.

    Pick up malpractice. www.nso.com
  3. by   mscsrjhm
    Quote from Suesquatch
    And when the facility wants to lay blame somewhere and files false allegations against you with the BON, you are NOT the facility.

    Pick up malpractice. www.nso.com
    I have read on this site of nurses who have utilized their insurance during issues involving the BON.
    Again, It isn't for everyone. All depends on individual research, experiences, etc.
    The propoganda mill is alive and well in the insurance industry.
  4. by   sirI
    Quote from Suesquatch
    And when the facility wants to lay blame somewhere and files false allegations against you with the BON, you are NOT the facility.

    Pick up malpractice. www.nso.com
    :yeahthat:

    If you, as the entity employee, are found out of hospital protocol/procedure and/or your nursing SOP, the entity attorney will not represent you.
  5. by   SuesquatchRN
    Quote from Mschrisco
    I have read on this site of nurses who have utilized their insurance during issues involving the BON.
    Again, It isn't for everyone. All depends on individual research, experiences, etc.
    The propoganda mill is alive and well in the insurance industry.
    I have no idea what this means.
  6. by   mscsrjhm
    Quote from sirI
    :yeahthat:

    If you, as the entity employee, are found out of hospital protocol/procedure and/or your nursing SOP, the entity attorney will not represent you.
    Your individual insurance may not represent you at this point also.
  7. by   mscsrjhm
    Quote from Suesquatch
    I have no idea what this means.
    "I have read on this site of nurses who have utilized their insurance during issues involving the BON."

    "Again, It (malpractice insurance) isn't for everyone. All depends on individual research, experiences, etc."

    "The propoganda mill is alive and well in the insurance industry"

    I should have spaced those out.
  8. by   sirI
    We will, respectively (and, respectfully), agree to disagree.
    Last edit by sirI on Aug 12, '07
  9. by   mscsrjhm
    Quote from sirI
    We will respectively agree to disagree.
    I think we both agree on one thing: If it brings peace of mind, it would be worth it.
    Small price to pay to prevent sleepless nights.
  10. by   sirI
    Quote from Mschrisco
    I think we both agree on one thing: If it brings peace of mind, it would be worth it.
    On that, we shall agree.
  11. by   UM Review RN
    So help me understand here:

    Nurse A hangs the wrong medication. Patient goes to ICU but ultimately succumbs. Hospital fires Nurse A and reports to BON. Family sues. BON investigates. Nurse A cannot find gainful employment while being investigated and cannot afford a lawyer because she's unemployed.

    Is Nurse A still represented by the hospital lawyer in the lawsuit? Who represents her before the BON?
  12. by   SuesquatchRN
    Quote from Mschrisco
    "I have read on this site of nurses who have utilized their insurance during issues involving the BON."

    "Again, It (malpractice insurance) isn't for everyone. All depends on individual research, experiences, etc."

    "The propoganda mill is alive and well in the insurance industry"

    I should have spaced those out.
    Improving your spacing did not improve the message's clarity.

    What individual research and experiences would protect someone against allegations being made to the BON and their needing to retain counsel?

    The insurance industry never approached me about obtaining malpractice. I had to seek very hard to find it, in fact. Being fired for something I did not do that happened not on my shift was not propaganda. Having the facility report me to the BON for what even the BON called the "alleged incident" was not propaganda. That the one person who stood up for me and told the truth, which was that I was not at fault, was fired is not propaganda.

    I was cleared of all charges and the matter discharged. However, had that one person not defended me, losing her own livelihood to so do, I could very well have lost my license.

    I'll pay the $49 a year. Yeah, they're getting rich off of me. Woo-hoo!
  13. by   sirI
    Quote from Angie O'Plasty, RN
    So help me understand here:

    Nurse A hangs the wrong medication. Patient goes to ICU but ultimately succumbs. Hospital fires Nurse A and reports to BON. Family sues. BON investigates. Nurse A cannot find gainful employment while being investigated and cannot afford a lawyer because she's unemployed.

    Is Nurse A still represented by the hospital lawyer in the lawsuit? Who represents her before the BON?

    If Nurse A has malpractice insurance, she/he contacts them immediately upon knowing there is a possibility of a problem.

    If no insurance, Nurse A secures own attorney or goes bare.

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