Should I Carry Malpractice (Liability) Insurance? - page 4
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
Jun 1, '09Quote from sirIYes you should, becouse here in okla a lpn can do what every they want to and ge away with it and the Okla Nursing Board wont do anything about it, yes nurses can do things wrong like file false reports to the hospital and file patient record under Jane Doe O and by the way the Jane Doe was his 12 yr old daughter that hurt her arm at his house on his weekend visit and would not take her to see a Dr about it and hegot fired from tht hospital and do other things and yet the board wont do anything about it and yes I did file with the board and 5 months later nothing has been done and no witness have been contacted and when I call the Okla Nursing Board they wont tell me anything, why why why?????Excellent, Sue. Wise decision.
Jun 2, '09Quote from UpinArmsYes you should, becouse here in okla a lpn can do what every they want to and ge away with it and the Okla Nursing Board wont do anything about it, yes nurses can do things wrong like file false reports to the hospital and file patient record under Jane Doe O and by the way the Jane Doe was his 12 yr old daughter that hurt her arm at his house on his weekend visit and would not take her to see a Dr about it and hegot fired from tht hospital and do other things and yet the board wont do anything about it and yes I did file with the board and 5 months later nothing has been done and no witness have been contacted and when I call the Okla Nursing Board they wont tell me anything, why why why?????
My opinion is that if you work in a clinical area, you must since the lawsuit in this area are higher thatn a nurse that works in a insurance or office job.
Jun 2, '09When I was working in California early in my nursing career, an inservice about malpractise insurance/legal liabilities was given. Upon finding out that the hospital lawyers wouldn't necessarily defend me too, in a lawsuit, I also filled out the card in the front of RN magazine (in the early '70s), and carried it throughout my career!
However, I've never heard how the service was, when it was needed. Has anyone needed to put it to the test?
Jun 3, '09Quote from bayesI've never had to use my homeowner's insurance in the 25 years I've owned my house, but I still purchase it each year ...
I have been actively in nursing for 39 years and have never had .
Jun 4, '09Quote from cjcsoon2brnI reside and went to school in Ohio. I was informed that the college *I* went to had an excellent malpractice insurance they take out for all of their students. I was then told, "If you don't get insurance after your done with school, you're an idiot.That's really interesting, I honestly haven't put much thought into that. So sirI at what point would you recommend that we look into malpractice insurance? I am still a student but I want to be prepared for these kind of things ahead of time.
Just having the peace of mind if the chance came up is enough for me to pay the $90/year fee. I don't care if I don't use it in my entire career - I do my job as best as I can and with as much care as I can pull out of my soul ... the saying **** happens is true, and it's just like driving the car. You never know what can happen... You can be driving along, minding your own business, and *POP!* your tire falls off and you're in oncoming traffic.Last edit by sirI on Jun 4, '09
Jun 4, '09Quote from VACRNAI'd like to know the source of your information. If it was a doctor crying in his/her "beer", forget that!Not sure if this has been covered but it you stay within your Standard of Practice you are OK without an individual policy. Another reason is usually you have much deeper pockets standing in front of you. A malpractice lawyer is more apt to sue the doctor or medical institution where you practice
When malpractise litigators file their cases, they grab everyone within eye or " ear shot" of the happening. What's in a nurse's pockets may not seem like much to the "heavy hitters", but whatever you have will be taken anyway - which for you, will be a lot!
I sure hope that in your line of nursing, you have the highest insurance for malpractise that you can get....... and lots of other resources for income.
Jun 7, '09SirI,
I am half way through NP school--and have some questions I would like to ask you via email. Would you be willing to share that? Thanks so much.....
Jun 8, '09Quote from sirithis question comes up frequently and is asked of me quite often, "should i carry malpractice insurance?" many nurses are covered under their own individual liability insurance carrier. many more are not. i am.......... are you??
nurses can be sued at any time, for any reason. often, allegations brought against you are unfounded, but just being named in a lawsuit gives one pause and can be one of the most stressful times in your life. the nurse feels embarrassed and fears damage to a perfect reputation.
your employer's policy may cover you, but only up to a point. remember: your employer's policy is created to fit their specific needs and protects them first. carrying your own policy will ensure you personal attorney representation when you need it and this attorney will be concerned with only protecting your needs and your best interests.
all malpractice insurance policies have limits of liability. if you are only covered by your employer's insurance, other defendants employed at your entity may and probably do share your liability limits under the same policy. if you as well as others are named in a suit, your legal costs, including any settlement, could exceed your employer's shared liability limits. this would mean out-of-pocket expenses for you!!
the following are a few individual carriers:
- nurses service organization (nso) - www.nso.com - #1 carrier for nurses with free online quotes
- marsh affinity - www.proliability.com
- www.seaburychicago.com - not in all states
- liability insurance can also be purchased through cna by going to the american nurses association website - www.nursingworld.org
- and, some home owners insurance policies will have stipulations for liability insurance.
it is up to the individual nurse how much liability to carry. $1,000,000/$6,000,000 coverage premiums are approximately $90/year in most states for the rn and $90/year for the lpn - nso.
so, do you carry your own individual liability insurance??
small price to pay for peace of mind...
great post. interestingly enough, i think this is a topic discussed on the saunder's nclex review book.
does anyone have any suggestions for how to compare the quotes from these different insurance provider's? i'm beginning to feel a little overwhelmed by the accumulating annual costs of being a nurse.
Jun 20, '09Quote from elkparkWould an individual liability insurance help that RN to keep the job?... many employers throw individual RNs under the bus in order to protect the facility -- this is what their attorneys (the ones who would also be advising you if you depend on your employer) tell them to do -- when it was often quite obvious, from reviewing the records and interviewing the parties involved, that the only thing the RN had done wrong was have the bad luck to be assigned to that particular client on that particular day ... The hospitals would single out one or more RNs they could "blame" for the incident, and then promptly fire them to show their good faith ("golly, we had no idea we had such a dangerous and incompetent nurse on our staff! We fired her as soon as we figured it out. 'cause we're doing everything we can to run a first-class operation here!") ...
Jun 20, '09I looked up all the resources for MALPRACTISE insurance that SIRI provided. Only NSO gave coverage information, which excluded employment reinstatement. An expert in fair employment practises would have to take over, if you were found innocent of charges (hopefully represented by your own attorney, paid at ? % of the lawyers' charges, by the insurance company.
You could go to the EEOC to try to get your job back, if you thought prejudice against your race, age, religion, political beliefs, etc. occurred, and there's proof of that (witnesses who will testify that they/you heard a supervisor/administrator make a cutting remark about your or anyone's race, age, religion, political beliefs, etc. If it's in writing (by the prejudiced person in their handwriting), even better. Sometimes computers of persons accused of something can be confiscated, but that is very difficult to get because:
A. you'd need a warrant from a Judge
B. someone could have hacked into it, removed the remark, or even placed it
If your state has "at will" hiring and firing policies, that will obviate any attempt to get your job back. The question I have, is why would you work there again?
Obviously they would want to fire you again, and be watching every move you made, or have someone possibly lie about you, for his/her own advancement.
One of the hardest things with which I had to deal, when I lost jobs (due to age discrimination) was the loss of coworkers who had become friends. They were afraid to stay in contact with me, and I didn't want them to lose their jobs through association with me....... Of course other things that made it so hard, was the humiliation, shock, and realization that this could even happen!
Leaving those short lived positions off my resume frightened me, as omissions, if discovered, can bite you back. Also, once you're oriented to a position, it's so much easier to do your job, than having to start over in a new one.
I made the above points in case anyone has the belief that someone gets over this kind of experience. For the past 14 years my age has been daunting (once it was discovered through filling in and submitting applications for health insurance benefits, which require your full birth date, and are required, even if you don't want their health insurance!).
So, I get malpractise insurance, even though I'm officially retired (but still wanting to work - I have denial issues). Good samaritan laws have changed in some states, leaving a nurse who stops to assist someone who has fallen, vulnerable to lawsuits and/or loss of license if there was neglect/inadequacy
to perform properly. Speaking of changes, I read in yesterday's NY Times, that the Supreme Court, with its "conservative" majority, just made it more difficult to prosecute an employer for age discrimination by removing one of the requirements. While I wish the decision hadn't been made, I do agree that no one should be liable for proving what they didn't do (prove the termination wasn't because of discrimination against the age of the employee).
So, new grads and others, be aware that you need your own insurance in case you're sued; and that your employer's representation covered by their insurance, won't necessarily protect you, if its in the best interest of the employer, to separate from you, by legal strategy, to win their case. Life can be unfair. Know, too, that it's your rapport with patients and their families that can save you, sometimes. Let no unguarded remark(s) to them, render you exposed to their ire.
We're in our profession to provide comfort and support, and to assist in getting patients to ambulate, cough, etc. or other painful things, when they don't want you to do the latter. Renouncing them for what you think (negatively) of them for their resistance to do things, usually won't get them to do it without ill will. Praise and pillows helps get them to deep breathe and cough, rather than threats of possible pneumonia. Doing comfort measures shows that you're on their side(s).
Jun 20, '09I am a new graduate and I just started my first position as an RN. Heck yes, I bought my own malpractice the moment HR called me and told me I had the job. It really is extremely little to pay for the peace of mind to protect my license that I worked so hard to get.