Personal malpractice insurance....yes or no? - page 8

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
    Quote from LarryG
    Ridiculous? Absolutely!

    $75 K to sue an individual... again, generally ridiculous.

    Oh, but I forget. Per the above poster, attorneys don't sue individuals. That one was just brilliant!


    No, they don't sue individuals. It gets more brilliant...
    It would take years, and thousands of dollars.

    Or, if we go by your thinking... suing an individual costs a next to nothing, and you get lots of money... that is why it is done so often. (hehehe)
  2. by   MultipurposeRN
    I keep personal Mal insurance. Partly because in getting my BSN, we had to for clinicals. And I have never bought the arguement that they ONLY go after nurses/staff who have insurance. BullSh**! Show me an attorney who wouldn't lick his or her lips over your future earning potential, or try to attach your assets. If you are the only nurse to witness a conversation..(which happened to me,and I was in a 6 hour deposition after that.)..you will be brought to court if the case is brought to court. Whether they include you in the suit is another matter. But trusting a lawyer not to bother with going after someone w/o malpractice insurance is trusting them way too far, IMO. Besides, I believe some homeowners policies can include a 'hidden' clause for nursing malpractice..at least, that's what some of my classmates in BSN school did.
  3. by   mscsrjhm
    Quote from MultipurposeRN
    I keep personal Mal insurance. Partly because in getting my BSN, we had to for clinicals. And I have never bought the arguement that they ONLY go after nurses/staff who have insurance. BullSh**! Show me an attorney who wouldn't lick his or her lips over your future earning potential, or try to attach your assets. If you are the only nurse to witness a conversation..(which happened to me,and I was in a 6 hour deposition after that.)..you will be brought to court if the case is brought to court. Whether they include you in the suit is another matter. But trusting a lawyer not to bother with going after someone w/o malpractice insurance is trusting them way too far, IMO. Besides, I believe some homeowners policies can include a 'hidden' clause for nursing malpractice..at least, that's what some of my classmates in BSN school did.


    (sigh), and the misconception continues.....
  4. by   Havin' A Party!
    Quote from MultipurposeRN
    ... I have never bought the arguement that they ONLY go after nurses/staff who have insurance. BullSh**! Show me an attorney who wouldn't lick his or her lips over your future earning potential, or try to attach your assets...
    Happy to see the fertilizer continously spread in this thread is being accurately recognized for what it is.
  5. by   mscsrjhm
    Quote from LarryG
    Happy to see the fertilizer continously spread in this thread is being accurately recognized for what it is.
    Sure, because everybody knows an individual who was pursued by an attorney, lost their house, and auto, and future wages! (NOT) (hehehe)

    LarryG, it is still obvious that you have NO legal experience, or you would have "an awakening".

    I am sure, as a student, that you ask advise from "old" nurses. Surely you accept that experience is the best teacher? Why do you refer to my advice as fertilizer? Do you treat the OB/BYN, CCU, ER, or Surgical staff this way when they give advice?

    I am not giving my opinion... I am talking from EXPERIENCE.

    As a old nurse (23 years) who also worked in the med/mal/neg field, I have this experience. I believed as the other nurses do, until actually working on "the other side", I had an "awakening". Wow. A light goes off, and you realize the you have been fed "fertilizer" for years by uninformed nurses, and the propoganda machine.

    Stop, put on the thinking caps, and concentrate... there are sooo many attorneys, that many work as paralegals.... If it is sooo easy to sue individual nurses.... we would all know someone who lost their #$&)* right???. But, we don't because they don't.

    No where on this site have I been able to find ONE nurse who lost their house because they didn't have insurance... Isn't that odd? But, golly, it is such a SMALL thread, only reaching millions.

    Seriously, it just doesn't happen.
    Last edit by mscsrjhm on Aug 26, '04 : Reason: just added up the years since college...23, not 22...(oh the aches and pains!!!)
  6. by   traumaRUs
    Mschrischo - its not the only point that you may get sued as an individual - personal malpractice insurance is important because of what your employer can do to you.
  7. by   mscsrjhm
    Quote from traumaRUs
    Mschrischo - its not the only point that you may get sued as an individual - personal malpractice insurance is important because of what your employer can do to you.


    Something I hadn't thought of, or heard of. Thanks.
    Going through the list in my head...
    Keep you from getting fired? no.
    Give me examples. Please.
    Thanks.
  8. by   traumaRUs
    Sure - no problem - you follow hospital policy on procedure that is now unfortunately no longer current. Hospital backs you that what you did was fine and according to the then-current policy. However, you are sued along with the hospital because you didn't follow the CURRENT standard of care.

    Personal malpractice insurance also ensures you representation before a board of nursing hearing. For example - at least in Illinois - if ANYONE is willing to put down on paper that a nurse did something wrong - it is completely investigated to include a hearing! It can be very nerve-wracking not to mention the time it takes to get to the hearing date.

    Another instance - say a neighbor asks about tylenol dosages for their child - you say follow the directions on the bottle but don't say that if there is any concern at all, to call their doctor. The mother gives the child tylenol, the child goes to bed and becomes critically ill because mother didn't call the doctor.

    Unfortunately, all of these instances did happen - not to me (cross my fingers and toes), but you are leaving yourself wide open to big problems w/o personal malpractice insurance.

    The least problem is a lawsuit from where you work!
  9. by   mscsrjhm
    Quote from traumaRUs
    Sure - no problem - you follow hospital policy on procedure that is now unfortunately no longer current. Hospital backs you that what you did was fine and according to the then-current policy. However, you are sued along with the hospital because you didn't follow the CURRENT standard of care.
    Quote from traumaRUs
    Personal malpractice insurance also ensures you representation before a board of nursing hearing. For example - at least in Illinois - if ANYONE is willing to put down on paper that a nurse did something wrong - it is completely investigated to include a hearing! It can be very nerve-wracking not to mention the time it takes to get to the hearing date.
    Another instance - say a neighbor asks about tylenol dosages for their child - you say follow the directions on the bottle but don't say that if there is any concern at all, to call their doctor. The mother gives the child tylenol, the child goes to bed and becomes critically ill because mother didn't call the doctor.
    Unfortunately, all of these instances did happen - not to me (cross my fingers and toes), but you are leaving yourself wide open to big problems w/o personal malpractice insurance.
    The least problem is a lawsuit from where you work!


    I am thinking that you haven't read the whole thread, or you would see that these issues were discussed. I am still not understanding the statement "what you employer can do to you".
    Thanks
  10. by   traumaRUs
    I'm talking about wrongful termination and reporting incidents to the BON. I did glance over this entire thread (and its a long one) because I'm interested in other's opinions about this topic. I apologize if I belabored a point.
  11. by   mscsrjhm
    Quote from traumaRUs
    I'm talking about wrongful termination and reporting incidents to the BON. I did glance over this entire thread (and its a long one) because I'm interested in other's opinions about this topic. I apologize if I belabored a point.


    No problem. I didn't realize malpractice covered wrongful termination. That is new to me. Most policies I have seen do not cover employment issues. (Apparently, to keep raking in the $$$ they are starting to offer more services.)
    Are you sure that wrongful termination is covered? As many states are still "right to work", wrongful termination is difficult for attorney's to get money from. Gotta be a really great case.

    BON coverage is the only + that goes along with liability insurance. However, what are the odds?
  12. by   mscsrjhm
    [font=engravers mt][color=#c0c0c0]q
    what to i do if the hospital has already asked about a settlement?

    [font=engravers mt][color=#c0c0c0]a
    contact us immediately. chances are if the hospital seeks a settlement, it's because they know their mistake could cost them money if taken to trial. without a lawyer, you have no idea what your case is worth and you could be settling for far less than you deserve.

    http://www.florida-nursing-home-abuse.com/faq.htm


    please think about this: example: you are injured in an auto accident.. the guilty person's insurance offers you $20,000--you hire an attorney and eventually end up with $50,000....
    your attorney is only entitled to what he earned....$30,000!!!! (most people don't know this, and the attorney's sure don't tell them!!)
    same goes for medical malpractice or neglegence.
    if the attorney is so concerned about you.... wouldn't he tell you tell you to get an offer??? no...
    does this make you look at the above q and a different??? i hope so.
    hope it makes you look at attorneys and insurance different.
  13. by   avonwalk
    Are there any temporary malpractice insurance companies offering weekend coverage? I want to participate in a fundraising Walk, but am unsure of how to obtain temp. coverage.


    thanks.
    Quote from James Huffman
    Sigh.

    Is $100 (more or less) a good deal if it's not needed?

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

    Remind yourself: nurses just don't get sued very often. Oh, it happens on a very, very rare basis, but the reason it's "so reasonable" (as we are reminded all the time) is simply because it doesn't happen. Statistically speaking, it's not going to happen to you. Ever. Even if you are unfortunate enough to have bought malpractice insurance.

    Attorneys get paid (in almost every such case) a percentage (usually 35-40%) of the final settlement. No attorney in her right mind is going to come after a nurse who doesn't have malpractice insurance because it simply isn't worth it. Why bother? The attorney isn't doing this as a cause: she's hoping to make some money from it.

    Such trials often require months or tedious, expensive preparation. Then there's the trial itself, complete with the attorney having to shell out money for expert witnesses, and other such fees. Don't make yourself inviting to such attorneys. Malpractice insurance is an open invitation.

    As for the fear of garnishing of future wages, let's put this in perspective. Let's say you have a minimal net worth. You're telling me an attorney is going to salivate at the prospect of a judge ordering a garnishment of -- say -- $100 a week -- against your wages for the rest of your life to pay off the -- let's pick a number: $500,000? -- settlement we're hypothetically talking about? What are the chances you as a nurse will sit still for this? What are the odds you will simply declare bankruptcy, and go on with your life? The attorney is no fool. There are other fish to fry.

    Jim Huffman, RN

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