Personal malpractice insurance....yes or no?

Nurses General Nursing

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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 . Also I know, I've been told that the hospital would back you up if you are following policy. Do you carry a personal policy?

Beth

Specializes in Trauma, Teaching.

Do you really think that a lawyer would only list the nurses whose signature they could read? This is nonsense. Sorry, but this shows absolutely no knowledge of legalities. A very simple call/letter to the opposing attorney' office takes care of the signature issue. (Facilities have gone through time cards and old staffing sheets to provide that info. If unreadable signatures would prevent being named on a lawsuit...everyone would do it.)

I never claimed knowledge of legalities, I am reporting acutal experience. They did not do all this other stuff you list, they only named the one sig they could read. And yes, a lawyer did only list the nurse he could easily identify and admitted it. And there are nurses here who do sign illegibly for that reason. So with a return of your respectful attitude, its not nonsense. It should be, but it isn't.

Third: my hospital would rather settle out of court than defend thier nurses. fact. Several colleagues were absolutely correct in their care according to the hospital lawyers, but weren't defended in court because it was easier & cheaper to settle. I want my own lawyer

This also shows a lack of legal knowledge. Most suits (95%) are settled. Your lawyer will work WITH the facilities' insurance lawyers. They WILL NOT "defend" you in court just because you want them to. Cases just don't go to court because you want everyone to see that you did the right thing. Doesn't happen.

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I didn't expect them to defend me just because I want them to, but I do want someone around looking out for me, even if it means settling, to be MY lawyer, not the hospitals'. My policy says up front they may settle, and I still bought the policy.

do you really think that a lawyer would only list the nurses whose signature they could read? this is nonsense. sorry, but this shows absolutely no knowledge of legalities. a very simple call/letter to the opposing attorney' office takes care of the signature issue. (facilities have gone through time cards and old staffing sheets to provide that info. if unreadable signatures would prevent being named on a lawsuit...everyone would do it.)

i never claimed knowledge of legalities, i am reporting acutal experience. they did not do all this other stuff you list, they only named the one sig they could read. and yes, a lawyer did only list the nurse he could easily identify and admitted it. and there are nurses here who do sign illegibly for that reason. so with a return of your respectful attitude, its not nonsense. it should be, but it isn't.

you cannot be serious. this would take care of all legalities for the entire world, "just make sure they cannot read your signature". budd, this is a myth that i have heard before. it is untrue. i have sent letter to the opposing council requesting clarification of staff present at the time of incidents, and they must respond. no judge would ever allow something like that, - unless the plaintiff had a really, really bad lawyer.-- which sometimes happens.

third: my hospital would rather settle out of court than defend thier nurses. fact. several colleagues were absolutely correct in their care according to the hospital lawyers, but weren't defended in court because it was easier & cheaper to settle. i want my own lawyer

this also shows a lack of legal knowledge. most suits (95%) are settled. your lawyer will work with the facilities' insurance lawyers. they will not "defend" you in court just because you want them to. cases just don't go to court because you want everyone to see that you did the right thing. doesn't happen.

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i didn't expect them to defend me just because i want them to, but i do want someone around looking out for me, even if it means settling, to be my lawyer, not the hospitals'. my policy says up front they may settle, and i still bought the policy.

remember, your lawyer is working for the insurance company. you happen to be the pawn in a very, very different game.

Can someone plz tell me what is?:rolleyes:

Sigh.

If nurses "feel better" having malpractice insurance, buy it. But realize it's simply a form of therapy.

I'm with you. I talked to a malpractice attorney years ago,and was told that having malpractice insurance is like having a big neon sign lit up with the words "Sue Me".

This attorney told me pretty much the same thing that you said. By the time assets, property was seized etc., and everyone was paid off, there would be nothing left over the defendent. Worse case scenerio- you lose your job and your license. Even if future wages were garnished, lets say you end up working at the local Walmart. Do you really think that the defendent is going to wait years and years to get paid? I think not.

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.

Specializes in ER, PACU, OR.

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?

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?

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.

I have a few stupid questions (I'm just a potential nursing-school student, so please bear with me here):

1) Is the same as ?

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.)

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

Thanks so much for the very helpful response! :)

Specializes in ER, PACU, OR.
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).

having .

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.

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