Any way to get malpractice insurance to cover you AFTER an incident?

Nurses General Nursing

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I'm about to go to the hospital today to see what's going to happen to me after having given a patient someone else's meds. The patient was not injured (thank heavens) but there's a definite possibility I may lose the job and or be liable legally.

I"m wondering what recourse i have in terms of insurance now that this has already occurred. NSO's website says no coverage for an existing incident.

I'm presuming this is universally true. If not what are my options.....

Any other tips on what to do or not do (no i won't be signing anything).....would be extremely helpful.

Thanks

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Specializes in Education, FP, LNC, Forensics, ED, OB.

Good morning,

No, you will not be able to receive liability coverage for this occurrence.

You should, however, get it now, to protect your future. I suggest NSO:

www.nso.com

As for how to handle this issue; after today's meeting, you might consider an attorney who will look after your best interests. Don't discuss this with anyone other than an attorney, including do not discuss here on these boards (for your own protection).

Good luck. I wish you all good things.

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you may want to do a search on "tail coverage". here is a single, legitimate link to one site.

one of the elements of malpractice is that the patient suffered HARM resulting from the commission / omission.

http://www.memag.com/memag/content/printContentPopup.jsp?id=108611

best regards for an amicable resolve.

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Specializes in Education, FP, LNC, Forensics, ED, OB.
you may want to do a search on "tail coverage". here is a single, legitimate link to one site.

one of the elements of malpractice is that the patient suffered HARM resulting from the commission / omission.

http://www.memag.com/memag/content/printContentPopup.jsp?id=108611

best regards for an amicable resolve.

...you may qualify for free tail coverage under certain circumstances if you've had your claims-made policy with the same insurer for many years.

http://www.memag.com/memag/content/printContentPopup.jsp?id=108611

Tail coverage is for those who possess a liability policy with the carrier. One cannot purchase tail coverage to cover occurences that the carrier has not insured in the past. It is purchased when you terminate a claims-made policy as long as you have paid all premiums in a timely fashion.

There are policys for "claims-made". This covers claims made only while a policy is in effect. Disadvantage is the policy must be continued indefinitely to cover claims filed in the future for actions in the past. And, one should definitely purchase tail coverage which covers claims made after policy expiration.

....Try to get your new policy with a carrier that offers "prior acts" or "nose" coverage. This does the same thing as tail coverage, but you don't pay a separate premium for it. Instead you begin paying premiums for a new malpractice policy of similar maturity to the one you had with your old carrier, which factors in the risk the new carrier is assuming...

http://www.memag.com/memag/content/printContentPopup.jsp?id=108611

And, there is "nose coverage" or prior acts coverage. This provides protection for claims that may be first reported after obtaining insurance with a new company, but the individual must be previously insured by another liability carrier.

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You cannot purchase car insurance for your car to cover an accident that you were in after the accident. Same thing for purchasing home-owners insurance after there was an occurance at your home after the fact.

It must be purchased before and in current effect when the event occurs.

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Specializes in icu, er, transplant, case management, ps.
You cannot purchase car insurance for your car to cover an accident that you were in after the accident. Same thing for purchasing home-owners insurance after there was an occurance at your home after the fact.

It must be purchased before and in current effect when the event occurs.

I agree, you cannot purchase retroactive coverage. This is one of the reason's that I always carried my own insurance. I suggest you purchase coverage now. If you are sued, a suit can effect your future coverage.

Woody

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Yep, shut up and lawyer up.

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Specializes in ICU, ER.

It is very unlikely that you will find insurance to cover a past incident.

To the best of my knowledge, for malpractice, there must be an error (there was) and the pt has to have been harmed (she/he wasn't). That reduces the chance they will win a lawsuit, but you still have to pay a lawyer to defend you, no matter how unlikely it is that they will win.

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