Should I Carry Malpractice (Liability) Insurance? - page 16

This question comes up frequently and is asked of me quite often, "should I carry malpractice insurance?" "What is malpractice?" Simply put, it is a failure to adhere to a standard of care or... Read More

  1. by   employeeadvocate
    It seems like such a small price to pay for such a large amount of protection. There would be no reason not to have it. Do you find that most nurses also have income replacement insurance provided through their employer or privately? That way they still have income in the event of being temporarily removed from their position?
  2. by   Libby1987
    I just searched and found this thread.

    I'vc been having this conversation for the last 24 hrs.

    I don't have a high probability of huge med type errors in the home setting. What am I going to do, put a wound vac on backwards? But with the higher acuity patients being sent home, some that are on the fence for being appropriate for at home care, it's the documentation and/or action or lack of action when they start to deteriorate.

    It's tricky these days in HH with fewer dr's taking call on night/weekends with the trend for 3-4 office days/week and the pressure to avoid unnecessary ER visits. Re-admission rates have never been higher it seems and no it's not because of some harm I caused. But what might seem like perfect logic based on experience can look like poor judgement in hindsight after the patient is sitting in ICU and you're not the one who called for ambulance transport.

    On top of that just transitioning onto EMR and not being 100% confident with the charting.

    I'm signing up for the insurance.
  3. by   Rose_Queen
    In the hopes of bumping this thread up since so many people ask about malpractice insurance, I have my own policy and am of the opinion that every nurse should have his/her own policy so that they have someone looking out for their best interests, not the best interests of the facility/group paying the premium. At around $100/year, it's worth the peace of mind and added benefits of representation in front of the BON and coverage for such things as HIPAA violations (not that I intend to be involved in either situation).
  4. by   smartnurse1982
    Does anyone think it would be silly to purchase 2 malpractice insurance policies?

    I have had NSO ever since i became a nurse,which was 11 years ago.
  5. by   JustBeachyNurse
    Quote from smartnurse1982
    Does anyone think it would be silly to purchase 2 malpractice insurance policies?

    I have had NSO ever since i became a nurse,which was 11 years ago.
    Why would you want two policies? Who would issue duplicate coverage?
  6. by   EternalFeather
    I have a question: would the insurance protect a nurse from accusations to the board from other nurses?
    I'm a new nurse and I've been told that I need to watch out cause there are other nurses that for reason are jealous and they are going to find even the littlest mistake and make it into a big issue, then try to bring a complaint to the state board of nursing so you will lose your license.
  7. by   JustBeachyNurse
    Quote from EternalFeather
    I have a question: would the insurance protect a nurse from accusations to the board from other nurses?
    I'm a new nurse and I've been told that I need to watch out cause there are other nurses that for reason are jealous and they are going to find even the littlest mistake and make it into a big issue, then try to bring a complaint to the state board of nursing so you will lose your license.
    Yes any accusation whether by a BoN, patient, colleague, facility, family
  8. by   PS0812
    As a clinical nurse I always thought that I should have my own malpractice insurance. I knew - as I was told - that the hospital covered all their nurses for malpractice. Once I left the clinical setting and started working for an insurance company my opinion changed. I was asked to review a case (at my former hospital) in which it was my opinion the nurse was negligent (short story, she failed to recognize impending signs of increased intracranial pressure). The patient died and the family sued the hospital, the neurosurgeon and the nurse. The hospital under the doctrine of respondeat superior (let the master answer), the neurosurgeon (who had his own insurance) and the nurse who felt she had coverage not only through the hospital but her own malpractice policy were all sued. When you look at a malpractice policy, under the conditions section, there is wording to the effect that "If any other coverage is enforce at the time of the occurrence, this policy is secondary". Both the hospital's policy and the nurse's policy had that statement (as they all do). Well, when the nurse was asked (by the hospital's risk manager) if she had malpractice insurance - which she did, the hospital denied coverage based upon the "If any other coverage is enforce......." clause. So she put the claim under her coverage only to find out she had no coverage for the exact same reason. She had to, at her own expense, hire two attorneys. One to defend her in the malpractice action and one to sue both insurance companies for coverage. After much and costly litigation (at her expense), she eventually won coverage (by court order) under the hospital's insurance policy. The defense attorney for the hospital told me that if I worked for a hospital to never have my own policy as I would find myself in the same boat should I be sued while in the course/scope of my employment. I learned a valuable lesson at someone else's expense. I caution all of you to read and understand all aspects of your personal malpractice policy, should you have one.
    Last edit by PS0812 on Jun 16, '15 : Reason: forgot to add appropriate sentence
  9. by   RiskManager
    The above scenario by PSO812 is not unusual. Your liability insurance from CNA or Liberty Mutual has an 'other insurance' clause and the hospital's insurance also usually has an 'other insurance' clause. You may be stuck in the middle with each insurance company denying coverage for a claim. Many states have appellate court decisions in which this issue has been previously considered and a legal decision handed down that specifies which insurance company responds. Sometimes it is the hospital insurance, sometimes it is the nurse's insurance, and sometimes they both respond on a 50/50 basis.

    There is a reason why nursing liability insurance for the typical nurse is so cheap. It is because they rarely pay any claims. And the reason they rarely pay claims is that coverage is denied under the 'other insurance' or 'excess insurance' clause. Generally speaking, the hospital is on the hook for your liability as an employee.

    There may be good reasons for you to purchase your own liability coverage, which I have discussed elsewhere, but you need to purchase it with your eyes open after researching the issue, and not just assume that the insurance company is going to always cover you and fight vigorously for you, in exchange for your $ 200/year premium.
  10. by   BIGT68
    Yes, I have malpractice insurance, u hope u never need it, but it is a nice thing to have in the event u ever have to use it
  11. by   Pancheta
    Yes you Should. It is inexpensive.
  12. by   ajmclean
    It's better to have it and not need it than to need it and not have it. Just like a gun.
  13. by   kimochee
    Nursing liability insurance coverage overseas for mission work-

    Hello,
    I will be attending a mission as a surgical nurse in Guatemala in the next few months and wondered if there is any legitimate company that provides liability insurance while overseas. I have a carrier for work here in the U.S., but have yet to discover a policy online that works with mission projects.

    Thank you for any ideas!

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