Re: Should I Carry Malpractice (Liability) Insurance? Originally Posted by tnnurse
Ok...to clarify this for all of us. Do you mean that if we have functioned outside of our scope of practice or we have violated of SOC's or the hospitals policies then the nurse can be named and NOT covered under the hospitals malpractice coverage? Does that mean the hospital cant be held legally responsible finicially for any negligent actions of the nurse/MD/ etc etc etc? BC....if that is so then alot of the hospitals could not be held legally accountable for the malpractice actions of the nurse . And that isnt right either. I mean....if my child suffered an anoxic brain injury d/t a nurses negligence...or a doctors negligence that violated SOC's then that lets the hospital off scot free....or does it? SEe this is where alot of nurses get confused. BC we always kinda think that all malpractice litigation has no factual premise. But in reality according to all kinds of studies like "To Err is Human ", and others,....the reality is that there are so many people each day that die d/t a medical or nursing error....and that very very few of those deaths / disabilities result in any type of legal action. I think one study said the number of pt deaths d/t medical and nsg error is the equivilant to a loaded /packed jumbo jet full of people crashing every day or every few days. And that is reality. So alot of healthcare personell are fearful of attaining malpractice insurance for fear that they will not be covered under their facilities malpractice insurance . So....to clarify are you saying if they violated the SOC's or P&P's for that facility that the nurse/MD is not covered under the facilities umbrella malpractice policy...or does it just POTENTIALLY give rise to the possibilty they could legally hang the nurse out to dry for their actions?
As soon as any incident occcurs that
might end up being a lawsuit, the hospital's attorneys start looking for ways to reduce the hospital's liability (I'm not saying this means they're evil, or anything -- that's their
job), and one of the ways they can argue in court that the hospital is less responsible is if they can identify someone else and blame that person/persons. I have seen this happen
many times, myself, in real life (I've seen it happen to other people, that is). The hospital doesn't have to cover you under their insurance if they are making the argument that you acted improperly and that's the cause of the incident/negative outcome, and they will look
very hard for
any reason to say that this is someone else's fault.. How sure are you that you
always,
100%, follow
every detail of your hospital's policy,
exactly the way it's written in the manual, for
every procedure you do??? Can you
prove it, if the hospital chooses to claim that you didn't??
And, keep in mind that, if you choose to take your chances with the hospital (relying on their liability coverage), the lawyers advising you on what to do and how to testify in court will be the same lawyers who are looking to protect the hospital ... Do you really trust that they are also looking out for
your best interests??
It's not that the hospitals "get off scot free," it's that they will argue in court that they're not
completely responsible, and the problem is
mostly someone else's responsibility. Obviously, if the hospital has decided to blame you and argue in court that the incident was your fault, their attorneys cannot then turn around and defend you, so the hospital will cut you loose. And, as we've said earlier, if that happens, it's too late for you to get your own coverage, and you will have to pay for any necessary legal representation out of your own pocket.
To me, what it boils down to is, are you prepared to stake your entire future career (and future economic status) on your employer protecting your interests? I know that
I'm not. Again, I don't mean to imply that means they're evil or anything -- it's just simple reality that, if something bad happens, the hospital/facility management and attorneys will do whatever they need to do to protect the
facility, and, if that means throwing you under the bus, rest assured they won't hesitate to throw you under the bus.
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