Should I Carry Malpractice (Liability) Insurance? - page 9

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  deidreparkinson profile page
    0
    Has anyone else had problems with NSO insurance? I will be a first time buyer.
  2. Visit  starletRN profile page
    1
    Quote from deidreparkinson
    Has anyone else had problems with NSO insurance? I will be a first time buyer.
    I haven't had any problems with them so far.
    deidreparkinson likes this.
  3. Visit  mgrtype profile page
    2
    If a nurse is following hospital policy, and an event occurs, the hospital liability insurance would cover her and any costs associated with a lawsuit. If a nurse carries personal liability insurance in addition to the hospital liability insurance, the plaintiff can and will seek out the nurse individually, and often the company from which a nurse is insured is in a different state from where he/she is currently practicing, thus complicating any involvment from the private attorneys. The plaintiff wants the deep pockets, and if the nurse is carrying personal liability insurance, I believe they are more likely to be sought out personally. If you talk to an attorney that is in the business to make money off of a nurse's anguish, then they will strongly urge you to carry personal liability insurance. If you talk with corporate attorneys, they do not beleive this is additional protection for the nurse (unless they were practicing outside of the scope of practice, or hospital policy during the event). This would definitely have to be a personal decision, and evaluation of one's own practice patterns.
    reidob and deidreparkinson like this.
  4. Visit  lamazeteacher profile page
    6
    Quote from mgrtype
    if a nurse is following hospital policy, and an event occurs, the hospital liability insurance would cover her and any costs associated with a lawsuit.
    the coverage for the hospital, a much more lucrative client will be the priority of their insurance company. when "push comes to shove", especially in these economic times, nurses without their own policy could find themselves the scapegoat.......
    if a nurse carries personal liability insurance in addition to the hospital liability insurance, the plaintiff can and will seek out the nurse individually, and often the company from which a nurse is insured is in a different state from where he/she is currently practicing, thus complicating any involvment from the private attorneys.
    reading the policy regarding legal representation is an essential part of the private insurance policy (yet you only get the policy to read, after paying for the insurance, unless you can read the policy of a colleague who has that insurance), to see if attorneys from any state in which the trouble happened, are covered.

    the plaintiff wants the deep pockets, and if the nurse is carrying personal liability insurance, i believe they are more likely to be sought out personally. not necessariloy, most lawsuits sweep everyone up, and if the nurse has no private insurance and the hospital's insurance company's legal representation isn't helping him/her, you may find yourself having to pay for your own legal representation, which could require a huge "up front" fee you don't have, called a "retainer fee".

    if you talk to an attorney that is in the business to make money off of a nurse's anguish they don't think or talk anguish, unless they're pleading in court for a victim of malpractise - most attorneys don't care about nurses' anguish at all....., then they will strongly urge you to carry personal liability insurance. if you talk with corporate attorneys, they do not believe this is additional protection for the nurse (unless they were practicing outside of the scope of practice, or hospital policy during the event).sometimes that happens in a crisis, without being realized. perfection is nearly impossible to achieve, even in the best of circumstances. this would definitely have to be a personal decision, and evaluation of one's own practice patterns.
    good, appropriate practise patterns during a calm time are usually great, but when a patient "crashes", and everyone is yelling at each other, it's harder, if not impossible to achieve. also, when the dust clears, the others involved in the crisis will have "selective" memory to save their own hides.

    i hate to be so pessimistic, but i've been in nursing just about 50 years, covered cpr responses to critique them, and heard the fallout. it's not pretty, as most of us have self serving instincts.
  5. Visit  mgrtype profile page
    1
    From your screen name, I am going to leap and assume you are an L&D nurse or women's health specialists. I can appreciate your comments, as I too have this background. I still believe if you are doing the best to provide care based on AWHONN, ACOG standards, and have done a thorough documentation of events, ultimately, the hospital insurance should cover you in the event, even if the outcome was not as good as you would have liked. I have been a nurse for 25 years, and, although I do not have the additional 25 years of knowledge to fall back on, I do believe (from personal experience), knowing what the scope of practice is, and knowing the standards for the professional organizations that support your practice as well as hospital policy will be what is necessary to protect a nurse from liability. It is true that others have selective memory, and physicians are not your friend if it's us vs. them.
    deidreparkinson likes this.
  6. Visit  sirI profile page
    3
    Quote from mgrtype
    if a nurse is following hospital policy, and an event occurs, the hospital liability insurance would cover her and any costs associated with a lawsuit.
    it is important to check the type of liability coverage you have through your employer, and to evaluate whether you should purchase an additional professional liability insurance policy because defending an allegation of malpractice can be financially draining. your employer's policy may cover you, but only up to a point.
    your
    employer's policy is designed to fit their own needs and protect their interests first. if you have your own individual protection, you will have the benefit of your own representation, when needed, that is concerned specifically with your interests.

    remember...

    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 expense's for you.


  7. Visit  mgrtype profile page
    2
    Much would depend on the organizaton a nurse works for. I think we will agree to disagree here. I do not want to carry an additional policy, just more for the lawyers to go after............
    deidreparkinson and sirI like this.
  8. Visit  Birdbr profile page
    1
    Question: Should certified nursing assistants get covered?

    Thanks.
    sirI likes this.
  9. Visit  sirI profile page
    0
    Quote from Birdbr
    Question: Should certified nursing assistants get covered?

    Thanks.
    Hello, Birdbr and thank you for your question.

    It is my opinion that yes, CNAs should be covered. You can get free online quotes from http://www.hpso.com/professional-lia...ns-covered.jsp . Premiums are around $50/year.

    LTC is a highly litigious area and CNAs are found there in large numbers. The liability for CNAs in that environment is one that having adequate coverage is a must.
  10. Visit  lamazeteacher profile page
    2
    [quote=mgrtype;3960805]From your screen name, I am going to leap and assume you are an L&D nurse or women's health specialists. I can appreciate your comments, as I too have this background. I still believe if you are doing the best to provide care based on AWHONN, ACOG standards, and have done a thorough documentation of events, ultimately, the hospital insurance should cover you in the event, even if the outcome was not as good as you would have liked. I have been a nurse for 25 years, and, although I do not have the additional 25 years of knowledge to fall back on, I do believe (from personal experience), knowing what the scope of practice is, and knowing the standards for the professional organizations that support your practice as well as hospital policy will be what is necessary to protect a nurse from liability. It is true that others have selective memory, and physicians are not your friend if it's us vs. them.[/quote


    Your capability to perform tasks perfectly can be altered when rushed!! Not having malpractise insurance for yourself, is like going to work blindfolded and nude!! You're anything but objective, if/when you have participated in an "incident". The lawyers for patients, facilities, etc. aren't looking out for you, believe me (not that I've had to experience such a thing, thank goodness).

    You need a professional with knowledge of how laws work, how Judges see circumstances, and what's best for YOU. It says a lot for nurses, that the premium for our protection by the most utilized insurance program is so low. But don't rest back on others' laurels! You need your own representation in legal maneuvers; and you can bet hospitals pay big bucks for theirs.......

    I think that nurses who believe that hospitals/employers will protect them in very costly lawsuits, is mistaken and implies a need to place them in a parental role - NOT!!
    talaxandra and RkfdNurse1 like this.
  11. Visit  P_RN profile page
    3
    i am nowhere as eloquent as the former nurses who have posted.

    all i can say is..................yes........always have had it and will have it till they take my stethescope out of my cold dead hands.
    RkfdNurse1, lamazeteacher, and sirI like this.
  12. Visit  NCFlyGirl profile page
    1
    Hummmm interesting topic. I do not and have never had my own Malpractice Insurance and have been a nurse for 30 years. I've never been named in a patient legal suit despite having worked in a large trauma center. I say never named in patient legal suit but did have an "interesting" suit brought against me as well as 2 of the nurses I worked with. Another nurse who was assigned to me (I was the OR Evening Coordinator) brought a civil suit against us for the sum of 30 million dollars! Not that's not a typo. We were in report, she stood up and said "you didn't wish me a Happy Hanukkah". I said, "Oh, I'm sorry, Happy Hanukkah" and went on with our report. Some months later she was terminated after compiling a number of safety infractions. I was not involved with her termination process as she'd left the evening shift by then. Shortly after that we were investigated for anti-semitism. After the investigator gathered the facts the suit was rejected. No real point here just something that comes to mind when someone mentions malpractice insurance.
    lamazeteacher likes this.
  13. Visit  lamazeteacher profile page
    3
    I'd like to apologize to NCFlyGirl, for the rudeness of the (possibly) Jewish person with whom she once worked. Since you may not know many Jewish people, I'd like you to know that most of is don't expect to be wished a "Happy Hannukkah". It is really a less important celebration, but due to the Christmas lavishness, Jewish families try to make it special so their children won't resent being Jewish. I discovered that I was Jewish when I was 8 years old, and a neighborhood child called me a "dirty" Jew. That was during WW II.

    Anti-semitism does exist, but the incident you describe is definitely not indicative of it. Usually it is hidden, but causes prejudicial treatment, such as being excluded from membership of a social club. I wish prejudice didn't exist, and that people were accepted on their own merit, but that is an ideal that isn't likely to happen in my lifetime.

    When I announced that I would teach the nurses I supervised at a Home Health agency in VA, I was discouraged from doing that. My superior administrative nurse finally said, "They can't learn". I replied, "They are learning. You should see their charting now". After it was shown to her, the response she gave was, "Now they'll want more money!" I was flabbergasted..... You can guess what population it was that I taught....... a real southern experience.

    I've not thought of my religion as a persecuted group in this country, since then. Others have it far worse!
    GrnTea, talaxandra, and RkfdNurse1 like this.


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