Should I Carry Malpractice (Liability) Insurance? - page 8

by sirI Admin

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??... Read More


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    DManAZRN
    Failure to listen to your own medical professionals is NEGLIGENCE!!!!!!!!
    Medical professionals are not always correct and make errors (intentional or not) resulting in harm. When engaging in patient care and one realizes a certain practice is potentially harmful; against evidenced-based practice/SOP, the nurse has an ethical duty/obligation to question authority.


    DManAZRN
    I dont think any jury of my peers would say my hospitals staffing is "Reasonable and Prudent"
    If a nurse continues to work for a facility and knows they are not "reasonable and prudent", said nurse better secure his/her own personal liability insurance policy.
    Last edit by sirI on Jul 13, '09
  2. 4
    Quote from DManAZRN
    I refuse to pay another insurance company that prolly won't honor their word anyway!
    Know what you are responsible for, respond to it, notify MD's and document, they can't touch you.
    If they know you have it, the prosecuting party is MORE LIKELY to go after YOU personally.
    If you do not, they are more likely to go after the hospital/Dr. because they are required to have it.
    If you are not confident in your abilities, go for it, and buy more than average.

    Have your OWN lawyer subpoena the staffing records for that shift.
    I dont think any jury of my peers would say my hospitals staffing is "Reasonable and Prudent" Failure to listen to your own medical professionals is NEGLIGENCE!!!!!!!!
    Suit yourself -- however, the courts have firmly established long ago that inadequate staffing is not an excuse or rationalization for a nurse's failure to provide safe, appropriate care. If the staffing is so low that you can't provide appropriate care to all your assigned clients, the only protection you have is to refuse the assignment (and get fired for doing so, in many cases ). If you, as an independent professional, accept the assignment, you are accepting the responsibility and you don't have an excuse for any shortcomings.

    Physicians and hospitals are not "required" to carry liability coverage (some physicians (not many) don't) -- they carry it because it's the smart thing to do.
  3. 0
    I recently graduated (LPN) and got a job in LTC. We weren't required to have insurance in school (quite frankly, that's not even something I knew existed) but one of our instructors stressed very strongly that we get insurance once we're employed. Since this was the same woman who was well-studied on litigation in nursing, and taught us how to document in such a way that we don't get sued...yeah, I'm going to listen to her.

    I start next week, and I just went to the NSO site for a quote. I can get max coverage (w grad discount) for $50/year. My question is... why are there different limits? The lower limit was $42. Should I just get the max coverage?
  4. 2
    Quote from pennstudent

    i start next week, and i just went to the nso site for a quote. i can get max coverage (w grad discount) for $50/year. my question is... why are there different limits? the lower limit was $42. should i just get the max coverage?

    good question.

    there really isn't a magic formula to use in determining just how much liability insurance you need to carry. one single question you might ask yourself when determining your limits is, "how important are my assets?"

    "limits of liability" is the maximum amount of coverage agreed upon in the insurance contract that the company would pay in the event of a loss. example:

    a $1,000,000/$6,000,000 limit means that the most that would be paid on any one claim is $1,000,000 and the number of $1,000,000 claims that could be paid on your behalf in a year is 6, for a total annual aggregate of $6,000,000.

    as professionals, we are held to a higher standard and therefore considered to hold greater liability towards our patients.

    i carry $1,000,000/$6,000,000.
    PennStudent and traumaRUs like this.
  5. 0
    Good point. And I'm think the slight ($8) diff in premiums is really nothing when you consider the peace of mind. Thanks!
  6. 0
    Quote from PennStudent
    Good point. And I'm think the slight ($8) diff in premiums is really nothing when you consider the peace of mind. Thanks!
    Be sure to check what they cover.

    There's a thread here, about 2 nurses in Texas who reported a doctor for malpractise. Their insurance company wasn't mentioned, but one of them posted that their situation (the doctor sued them) was turned down, for coverage of that episode.....
  7. 2
    Quote from lamazeteacher
    Be sure to check what they cover.

    There's a thread here, about 2 nurses in Texas who reported a doctor for malpractise. Their insurance company wasn't mentioned, but one of them posted that their situation (the doctor sued them) was turned down, for coverage of that episode.....
    The two nurses in TX have been indicted on criminal charges, which professional liability coverage doesn't cover (there's no such thing as insurance that protects you for being charged with breaking the law), and another member posting on that thread mentioned being involved in a SLAPP (nuisance) lawsuit, and her insurance not covering that. She didn't offer any details, but, from what she did say, it sounds like that suit is not related to particulars of her nursing practice, so professional liability coverage would not cover that, either.

    Professional liability coverage protects your license; it's not intended to provide coverage for any legal difficulty one may ever get into (if it was, it would cost a !@#$ of a lot more than $100/year! )
    VegetasGRL03RN and sirI like this.
  8. 5
    Excellent discussion and YES, ALL nurses should carry their own liability insurance. One of the biggest benefits offered in carrying your own policy which has not been discussed is LICENSE PROTECTION. Considering that the number of complaints being filed with nursing boards is on the rise, and the fact that states are now requiring nurses to report even misdemeanor criminal convictions which will trigger an investigation, this benefit is alone is enough to justify the less than $100 cost per year. For example, NSO offers up to $25,000 aggregate or up to $10,000 for reimbursement of attorney fees and expenses related to your defense in a license or disciplinary action. Many nurses are not represented in nursing board investigations/complaints because they can't afford to have an attorney represent their interests. However, when its your license on the line, I don't think you can afford not to have your own attorney and having insurance to help pay for your legal defense is well worth the cost of the premium. If you don't have to use it, even better. As others have said, it's a small price to pay for the peace of mind. (These are my personal opinions, not legal advice.)
    talaxandra, Ginger80, amms, and 2 others like this.
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    After reading this post I right away logged on to nso.com and bought malpractice insurance. I never really knew how important it is to have your own insurance, I thought everything was okay as long as your employer covered you. I was wondering if anyone knew if the nso insurance covers multiple employers because when I applied it only had a slot to eneter the name of one employer?
    talaxandra and lamazeteacher like this.
  10. 0
    Quote from Angie123
    After reading this post I right away logged on to nso.com and bought malpractice insurance. I never really knew how important it is to have your own insurance, I thought everything was okay as long as your employer covered you. I was wondering if anyone knew if the nso insurance covers multiple employers because when I applied it only had a slot to eneter the name of one employer?
    Hello Angie,

    Good to read that you've purchased the insurance.

    I applied it only had a slot to eneter the name of one employer?
    The insurance will cover multiple employers. The question asked on the application was:

    Please provide the following information regarding your primary employer:
    So, it asks the "primary employer" and is not necessary to list them all. Many of us are employed (full-part time) by more than one employer.


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