Personal malpractice insurance....yes or no? - page 5

We had this discussion at work the other day. One of the points against it was that lawyers will go for the person(s) with the most malpractice insurance. Also I know, I've been told that the... Read More

  1. by   mscsrjhm
    Unfortunately, with the present malpractice controversy, possibility of many more caps on damages, we will probably see many more nurses with insurance being sued than ever before.
  2. by   CEN35
    I think this ahs been beat to death on this board since 1998. Everybody has their own beleifs, and own thoughts. They will tell you what they heard, or didnt hear?

    I have NEVER been without it, you just never know?
  3. by   mscsrjhm
    Quote from CEN35
    I think this ahs been beat to death on this board since 1998. Everybody has their own beleifs, and own thoughts. They will tell you what they heard, or didnt hear?
    Quote from CEN35

    I have NEVER been without it, you just never know?


    Probably has been beat to death to many of us who have been in the business for awhile, however, I still do not like big business taking money from the hard-working nurse via false propaganda.

    As far as never being without it...I would never, ever be WITH it.
    False information via big business..
    Must tell the young.
  4. by   km05
    I have a few stupid questions (I'm just a potential nursing-school student, so please bear with me here):

    1) Is malpractice insurance the same as liability insurance?


    2) When you apply for this insurance, are you asked about your medical history? If so, could your cost for this insurance increase significantly as a result?

    3) What are BON complaints? (I'm guessing it stands for 'Board of Nursing', but I'm not sure.)
    Last edit by km05 on Dec 5, '05
  5. by   James Huffman
    Questions are never stupid ... people who fear asking questions flounder in this huge pool of ignorance. So, please continue to ask, here, and anywhere something doesn't make sense.

    1) In this context, yes, they are the same thing. Of course, "liability" can have meanings in other context, but here liability and malpractice mean insurance against lawsuits or other actions taken against nurses for negligence in the course of practicing as a professional nurse.

    2) I have never seen a question regarding medical history in an application for malpractice/liability insurance. There are usually only a couple of questions, having to do with whether the nurse applying has ever been sued for malpractice, and questions about the nurse's field of practice.

    3) Yes, BON = Board of Nursing. (Sometimes the name of that agency is slightly different in different states. A complaint to the board of nursing (not common, but far, far more common than a malpractice suit) is one in which someone has filed a formal complaint with the board of nursing alleging that the nurse in question has done something professionally which is either out of the scope of nursing, or was done in a substandard manner, or has done something unethical.

    Jim Huffman, RN
  6. by   km05
    Thanks so much for the very helpful response!
  7. by   CEN35
    Quote from km05
    Thanks so much for the very helpful response!
    Pretty much the rates are standard depending what you do (i.e. Anything but L&D, CRNA, NP these have higher premiums).
  8. by   dazzle256
    having malpractice insurance.

    What I've been wondering though.... do we have to tell anyone we have the insurance? Is it something that can be found out? I've been thinking about getting it myself but am afraid by getting it I may just be setting myself up.
  9. by   Havin' A Party!
    Quote from dazzle256
    ... do we have to tell anyone we have the insurance? Is it something that can be found out?...
    1) No, unless you're involved in an incident and the info is requested as part of discovery.

    2) See above.
  10. by   mscsrjhm
    Quote from CSLee3
    Jim, I am with you here. Before I got into nursing was in legal field, also wife is L & D nurse. First thing the legal team does is an "Asset Search" (I've done them on other people) If you do not have insurance, 2nd home, yatch, airplane, business you are not of much interest. Depending on the state, Texas for example...Cannot garnish wages, retirement, cannot seize homestead, cars ONLY luxuary items (boats, harleys). My wife was named twice in twenty years in L & D and both times she showed up to be deposed, she was dropped from suit after assets were revealed, also, yes most assest are in my name or joint name. I would like the insurance for BON stuff for sure though. Just a tough call and a personal preference. Coencidently the lawyers usually hired to defend nurses or hospitals are usually RN/JD or MD/JD.
    Quote from CSLee3
    "Rock on fellow nurses"


    CSLee3,
    I was never involved in an asset search...firm didn't mess with it, just went after the insurance. How extensive do they search? Do they perform a search on all staff involved?
  11. by   IMustBeCrazy
    I was involved in the legal area for awhile also, and what Jim and others are saying about malpractice insurance is spot on. Attorneys are like bloodhounds that follow the scent of the biggest potential pile of money. Secondly, the only attorney that will ever stand solely for your interests is one that you've personally retained; don't ever bet the farm on an insurance attorney doing that for you. If your malpractice insurance attorney does manage to settle a case in such a way that your personal interests are also met, understand it was a fortunate coincidence, nothing more.
    Last edit by IMustBeCrazy on Aug 17, '04
  12. by   Euskadi1946
    I was once told by an experience RN that if a nurse carries mp insurance to keep it to herself and not discuss it at work just for the very reason that attorneys will go after a nurse if she has mp insurance of the gazoo!!!. I've always carried mp insurance while in the hospital setting but no longer carry it now because I don't work in the hospital setting. However, I'm of the adage "Better safe that sorry". It's always a good idea to have a second plan of action. With the way people are sue happy now days, you just never know.
  13. by   Havin' A Party!
    Quote from Mschrisco
    ... Attorney's go after the money...
    Agree.

    So if you own a house and /or vehicles and / or investments, then get the insurance.

    If you have nothing of value (including a job that doesn't pay you much), then don't.

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