Personal malpractice insurance....yes or no? - page 9

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   JBudd
    This is part of a piece of research for a graduate level class I am taking. Much of it is talking to advanced practice nurses (CNS=clinical nurse specialist), but applies to RNs. I heavily make use of chapter 9 of L. Joel's book Advance Practice Nursing, p.171, chapter written by Infante and Muran:

    In general, if a CNS is employed, rather than independent practice, any harm to the patient by her is considered to be covered by her employer, under the respondeat superior, or "let the master respond", because the employer decides what an employee does (job description), and the manner of doing it. (p.182) If a CNS is sued, it may be individually, or as part of her organization. Infante and Muran, the authors of chapter 9, strongly recommend personal malpractice policies, and give guidelines for researching and choosing good coverage.
    1) find a carrier that has experts in your specialty
    2) know what exactly is covered by your policy, and review it periodically
    3) know how the carrier handles legal defense expenses
    a) claims from adverse event, if hospital has a lawyer, the policy holder my or may not choose to pay an independent lawyer for you
    b) if APN is found negligent or the case is settled
    c) if the fees are part of the damages, or in addition to the coverage of each incident
    4) understand the difference between incident and aggregate coverage: occurrence is each event, aggregate is the total number of events over a certain period of years. $1 million occurance/$6 million aggregate, means up to $1 mill. per event, total of 6 events
    5) Occurrence vs. claims made: occurrence is whatever policy you had at the time of the event, claims made means the incident must have happened and been filed during the policy life. (pp. 185-186)
    According to Infante and Muran, NPs and CNSs usually have occurrence, the older type of insurance, while CNMs and CRNAs have claims made type.

    According to the National Practioner Data Base (federal agency, all malpractice payments are reportable by law to them), less than 2% of all payments were to nurses as opposed to physicians, of that number, 2/3 was at the RN level, the other 1/3 to advanced practice nurses. Time span: 9-90 to 12-2000. Insurance is to cover the off chance of being sued, if suit were a certainty, no insurer would take you on, (or at least not for a very high premium).

    I have car insurance, health insurance, long term diasability insurance, life insurance, house insurance, and don't want to have to use any of them, so I do my best not to need them. Why wouldn't I have work insurance too? Malpractice suits are a reality.
  2. by   mscsrjhm
    Quote from JBudd
    This is part of a piece of research for a graduate level class I am taking. Much of it is talking to advanced practice nurses (CNS=clinical nurse specialist), but applies to RNs. I heavily make use of chapter 9 of L. Joel's book Advance Practice Nursing, p.171, chapter written by Infante and Muran:
    Quote from JBudd

    In general, if a CNS is employed, rather than independent practice, any harm to the patient by her is considered to be covered by her employer, under the respondeat superior, or "let the master respond", because the employer decides what an employee does (job description), and the manner of doing it. (p.182) If a CNS is sued, it may be individually, or as part of her organization. Infante and Muran, the authors of chapter 9, strongly recommend personal malpractice policies, and give guidelines for researching and choosing good coverage.
    1) find a carrier that has experts in your specialty
    2) know what exactly is covered by your policy, and review it periodically
    3) know how the carrier handles legal defense expenses
    a) claims from adverse event, if hospital has a lawyer, the policy holder my or may not choose to pay an independent lawyer for you
    b) if APN is found negligent or the case is settled
    c) if the fees are part of the damages, or in addition to the coverage of each incident
    4) understand the difference between incident and aggregate coverage: occurrence is each event, aggregate is the total number of events over a certain period of years. $1 million occurance/$6 million aggregate, means up to $1 mill. per event, total of 6 events
    5) Occurrence vs. claims made: occurrence is whatever policy you had at the time of the event, claims made means the incident must have happened and been filed during the policy life. (pp. 185-186)
    According to Infante and Muran, NPs and CNSs usually have occurrence, the older type of insurance, while CNMs and CRNAs have claims made type.

    According to the National Practioner Data Base (federal agency, all malpractice payments are reportable by law to them), less than 2% of all payments were to nurses as opposed to physicians, of that number, 2/3 was at the RN level, the other 1/3 to advanced practice nurses. Time span: 9-90 to 12-2000. Insurance is to cover the off chance of being sued, if suit were a certainty, no insurer would take you on, (or at least not for a very high premium).

    I have car insurance, health insurance, long term diasability insurance, life insurance, house insurance, and don't want to have to use any of them, so I do my best not to need them. Why wouldn't I have work insurance too? Malpractice suits are a reality.



    hehehe..
    I wonder if "Infante and Muran, the authors of chapter 9" ever spoke to real attorneys in the real world.
    hehehe.
    seriously, I am so very sorry to laugh, but I have sent this on to a couple of attorney friends, and can't wait to hear their response..
    this is the way insurance companies make money. Feed the beast.
    sorry...

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