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?" Many nurses are covered under their own individual liability insurance carrier. Many more are... Read More

  1. Visit  Keysnurse2008 profile page
    0
    Hmmm...this is actually very eye opening. I mean that is usually the whole premise of litigation. That the nurse/ MD etc violated a standard of care or the hospitals policy thus the injury occurred. I cant help but wonder HOW successful the hospitals are at arguing this?BC ...at the end of the day is the hospital hadnt employed that nurse/MD then the pt wouldnt have been exposed to the injury in the first place. So...out of curiousity.....how successful has this legal tactic been?
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  3. Visit  elkpark profile page
    1
    Quote from tnnurse
    Hmmm...this is actually very eye opening. I mean that is usually the whole premise of litigation. That the nurse/ MD etc violated a standard of care or the hospitals policy thus the injury occurred. I cant help but wonder HOW successful the hospitals are at arguing this?BC ...at the end of the day is the hospital hadnt employed that nurse/MD then the pt wouldnt have been exposed to the injury in the first place. So...out of curiousity.....how successful has this legal tactic been?
    I don't have any statistics about the outcome of cases, but I can explain to you rationale the hospital uses -- when they first hired the nurse, they verified her/his licensure, checked her/his background to make sure there were no problems or concerns in the nurse's past practice, they put the nurse through an orientation program to verify that s/he was competent and introduce the nurse to how the hospital wants things done, and they provided a policy/procedure manual that spells out in detail exactly how they want the nurse to carry out each and every procedure performed in the course of the nurse's duties. They have done everything they could do to ensure that the nurse would be safe and competent to practice in their facility, short of assigning someone to follow her/him around all day, every day, and watch her/him at work, so how can they be blamed if the individual nurse suddenly decided one day to do something weird and dangerous? They've done everything they could reasonably do to ensure that that was unlikely to happen, and there is no way they could have forseen or prevented the nurse's action in this incident.

    You've got to admit, that's a pretty compelling argument -- what else could the hospital have done? Also, keep in mind that, in civil suits, the standards are not "innocent until proven guilty" and "beyond a reasonable doubt" -- each plaintiff involved gets a chance to try to prove that the injury, whatever it was, wasn't its/her/his fault, and the standard the jury uses to arrive at a decision is "a preponderance of the evidence" (that is, >50% ...)

    Again, I don't mean anything negative about employers when I say that, no matter how many times you're told "we're all family here," or whatever saccharine and meaningless clich a facility chooses to use, your employer is not your friend. It's your employer -- that's just reality. If you trust your employer to protect your interests and professional future, you're in for disappointment, small or large, at some point in your career. Small disappointment is disappointing. Big disappointment might ruin your career and your future ...
    talaxandra likes this.
  4. Visit  UpinArms profile page
    0
    Quote from sirI
    Excellent, Sue. Wise decision.
    Yes 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?????
  5. Visit  MaritesaRN profile page
    0
    Quote from UpinArms
    Yes 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.
  6. Visit  lamazeteacher profile page
    0
    When 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?
  7. Visit  bayes profile page
    0


    I have been actively in nursing for 39 years and have never had malpractice insurance.
  8. Visit  elkpark profile page
    4
    Quote from bayes


    I have been actively in nursing for 39 years and have never had malpractice insurance.
    I'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 ...
    talaxandra, readerwriter8, PediMommy, and 1 other like this.
  9. Visit  shiccy profile page
    0
    Quote from cjcsoon2brn
    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.

    !Chris
    I 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.

    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
  10. Visit  lamazeteacher profile page
    1
    Quote from VACRNA
    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
    I'd like to know the source of your information. If it was a doctor crying in his/her "beer", forget that!

    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.
    Amovitam likes this.
  11. Visit  Blessedx3 profile page
    0
    SirI,
    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.....
  12. Visit  sirI profile page
    0
    Sent you a pm, BlessedX3
  13. Visit  jjdennis1279 profile page
    2
    Quote from siri
    this 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:


    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.
    Kim O'Therapy and lamazeteacher like this.
  14. Visit  Titanic777 profile page
    1
    Quote from elkpark
    ... 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!") ...
    Would an individual liability insurance help that RN to keep the job?
    Thank you.
    lamazeteacher likes this.


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