As an RN do you have your own pvt malpractice insurance?

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I'm a new grad so bear with me! The hospital covers you from malpractice right? But aren't their situations where the hospital's insurance won't cover you? Is it smarter to get your own insurance in addition to the hospital?

There are several reasons why it is a good idea including those already mentioned. But suppose a hospital or facility goes belly up and 5 years later you find yourself named in a suit. What happens? What if a facility is financially strapped and doesn't pay a few months premiums?

I think what hit home for me is when my instructor showed a bulletin board from lawyer actually mentioning suing nurses (specifically those in LTC).

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Specializes in Oncology; medical specialty website.

Absolutely, for all the reasons listed previously. If I could insure my insurance, I would.

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Yes, get your own professional liability (malpractice) insurance. Hospitals will try to defend their employees to a point to because it helps to lessen their own liability. But if there is ever a conflict of interest, if there is ever a situation where sacrificing you would help them, what do you think will happen?

For most nurses, a good policy with reasonable amounts should run less than one day's pay per year. One day. To give you peace of mind and protection all the other days. Seems goofy not to ante up.

The other thing that I have seen in this and other threads is the bit about not telling anyone you have liability insurance so they don't "go after you." I have never told a patient that I carry a policy--it just doesn't come up in conversation--but it's a myth that no one will sue you or be able to collect damages if you don't look like you have "deep pockets."

Why? Because lawsuits often name anyone and everyone involved in an incident, hoping something will stick. Do you want to be the only one who doesn't have legal representation?

If you own a house or have savings, you need this kind of protection, even if you're a perfect nurse because you don't have to have made an error to be included in a lawsuit.

Defending yourself (even if you have done nothing wrong) can cost far more than buying a policy.

For those just starting out who don't have liability insurance because they have little in the way of assets, remember that judgments can attach future earnings and keep you from being able to buy a house or save for retirement.

My renewal policy this year is less than $120, and I'm happy to write the check.

I agree that is extremely cheap but my only concern is this: My instructor told me that I cannot be individually sought after in a case if I do not have but if I do have it, then they can come after me. It was just a side comment she made while discussing something else so maybe I did not understand the situation clearly. Maybe she meant that they would be more likely to go after you if you have your own coverage because they have the chance to get some money off of you whereas they might not bother with you if you don't have coverage.

But I do agree that malpractice insurance is really cheap. It's just difficult to decide what to do.

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Specializes in ICU, ER, EP,.

Has anyone who has posted here actually SAT in a deposition??? I sure as hell have. After I'm sworn in, give my credentials, the FIRST QUESTION is DO I HAVE ADDITIONAL INSURANCE.. (that the attorney, hence client) can go after.

Anyone, whom has been lucky enough to never sit in my seat has NO idea what they are talking about IMHO.

My charting was accurate, I followed policy... as LONG as I FOLLOWED POLICY the hospital will back me.

My hospital provided their lawyer free of charge, prepared me for the process and protected me. If I had ... and think back to your application.... they ask when your hired if you have ever have had a claim against you.......

NOPE I don't have it, the claim was against the hospital in my name, not held against me... if I had insurance that ambulance chashing dirt bag lawyer would have gone after me personally and forever in my career I'd have to claim it.

They will not go through the effort to take a lien on your house, can't... cars... can't.. finances... can't... it's not worth it to them, the lawyer scum bags are looking for the quick cash insurance easy pay claims.

disagree all you want... been there, had EXCELLENT legal councel and still employed there after my facility settled and payed out the orifice for me... rather than go to court.

anyone whom says different... lol.

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Specializes in ICU, ER, EP,.
Yes, get your own professional liability (malpractice) insurance. Hospitals will try to defend their employees to a point to because it helps to lessen their own liability. But if there is ever a conflict of interest, if there is ever a situation where sacrificing you would help them, what do you think will happen?

For most nurses, a good policy with reasonable amounts should run less than one day's pay per year. One day. To give you peace of mind and protection all the other days. Seems goofy not to ante up.

The other thing that I have seen in this and other threads is the bit about not telling anyone you have liability insurance so they don't "go after you." I have never told a patient that I carry a policy--it just doesn't come up in conversation--but it's a myth that no one will sue you or be able to collect damages if you don't look like you have "deep pockets."

Why? Because lawsuits often name anyone and everyone involved in an incident, hoping something will stick. Do you want to be the only one who doesn't have legal representation?

If you own a house or have savings, you need this kind of protection, even if you're a perfect nurse because you don't have to have made an error to be included in a lawsuit.

Defending yourself (even if you have done nothing wrong) can cost far more than buying a policy.

For those just starting out who don't have liability insurance because they have little in the way of assets, remember that judgments can attach future earnings and keep you from being able to buy a house or save for retirement.

My renewal policy this year is less than $120, and I'm happy to write the check.

Before you write that $120 check, consider researching it and actually speaking to a litigation attorney. They will tell you it's wasted $$. No lawyer will go after you paycheck, house or car, when all they want is the large million dollar pay outs from your insurance agent.

trust me, see previous post. But to further drive the stake in..have been on the opposite side, I have... unlike you, actually have a lawyer on retainer from my daughter nearly being killed in an accident... and they laughed when I asked them if from the nursing side, how would insurance have protected me....

Lanier law group stated that they would be happy if every single nurse would get it and wish we would. Call up Lisa Lanier.... in NC.. they are located everywhere here.

You won't find yourself signing that check so quickly. I've been on both sides and your clearly mistaken and giving poor... scare tactic advice used by the insurance agencies that help you sleep at night while cashing your $120 check.

OP, just call a lawyer and only spend a half hour with a free consultation fee to find out the truth.. don't trust my word, or certainly any other here. It will give you peace of mind and spending money.

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Here is a really good article that presents many sides of the debate:

Do Nurses Need Their Own Professional Liability Insurance? - NurseZone

Some notable points--

Professional liability insurance typically pays for a defense attorney and any settlement or judgment against the nurse, up to the policy limits. It also, depending on the policy, will often cover licensure defense, if the nurse is reported to the board of nursing.
One of the biggest myths is that an employer’s coverage will protect the nurse. It may be true that the employer carries sufficient insurance, but Mackay advises nurses to ask how much it will provide and for what. She also said an employer could sue the nurse to get back money paid if negligence occurred. Mackay also cautioned that if a hospital goes bankrupt, money might not be available for legal services.
Nurses also need coverage outside their place of work, for instance if they volunteer. They should check to make sure their policy will cover those situations. Even though free clinics may offer sovereign immunity, Newman said, someone can sue, and the nurse will need a lawyer to help with the defense process.
Another myth is that carrying insurance will increase the risk of a lawsuit, Mackay said. Typically, the plaintiff’s lawyer will name everyone involved in the case in the lawsuit, and he or she will not find out until later who has insurance.

“Insurance can keep you in a lawsuit where you may have been dismissed, because you didn’t make a lot of money awhile back,” Mackay said. “We’re seeing nurses are making more money now. They are not getting dropped because they do not have funds.”

A couple of the attorneys quoted in this article felt a personal policy was unnecessary, but even they cautioned that agency nurses and travel nurses need their own policies, as do those who anticipate changing jobs or fear that their facility may go out of business or be absorbed by another company that may not allocate legal funds to handle claims that occurred prior to their takeover.

Add to this the fact that many nurses volunteer their skills. And you never know which ones of us might be called to testify about someone else (doctor, therapist, co-worker) or go before the BON.

I look at it this way--If I purchase the policy and never need it, I'm out $100-120 a year. But if I need it even one time, I could be on the hook for a whole lot more.

Read the article, folks, and do what you think is best.

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Specializes in ER, Trauma.

The hospital will protect itself above all else. Most places I've worked, as soon as the excrement hits the rotary oscillator, first thing they do is fire some nurse. You can be sued anytime by anyone for anything. You don't even need to do anything wrong or even be in the facility when the questionable event occurred. Lawyers will name everyone they can in a suit. Look at it this way, for the cost of talking to a lawyer one hour, you can pay for insurance that covers you for a year. Well worth the investment!

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Specializes in NICU, Post-partum.
I'm a new grad so bear with me! The hospital covers you from malpractice right? But aren't their situations where the hospital's insurance won't cover you? Is it smarter to get your own insurance in addition to the hospital?

Yes, you always need your own insurance.

The hospital's insurance covers you against malpractice ONLY if you follow policies to the letter.

It does not cover you in the event that you make, an honest, professional mistake.

To me, that is what I fear, especially as a new nurse.

It also will pay for (with most plans), attorney representation should you ever go before the Board of Nursing...so you need to ask what it covers.

It is a MYTH that nurses that are more likely to get sued if they have insurance. There is no national database that any attorney can tap into where your name magically pops up and tells them if you have or not.

You don't have to answer questions to the attorney that is trying to sue you either unless you are in courtroom and I can tell you now, that is going to be an irrelevant question because it is not required in any state that I am aware of.

Nurses are N-U-T-S if they don't carry it.

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Specializes in NICU, Post-partum.
The hospital will protect itself above all else. Most places I've worked, as soon as the excrement hits the rotary oscillator, first thing they do is fire some nurse. You can be sued anytime by anyone for anything. You don't even need to do anything wrong or even be in the facility when the questionable event occurred. Lawyers will name everyone they can in a suit. Look at it this way, for the cost of talking to a lawyer one hour, you can pay for insurance that covers you for a year. Well worth the investment!

I'm surprised that your facility does this...because any attorney would advise a company that if you just up and fire a nurse (instead of suspending, reassigning), then it can be interpreted by the other side as admitting fault...and that would give the plaintiff's attorney a field day.

Not to mention if that person is innocent, one heck of grounds for a lawsuit for the accused, if it's unjust.

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Zookeeper, my experience with giving a deposition and being involved in a lawsuit has been the direct opposite of yours.

My situation was not that I was being sued, it was that another office that a former patient had utilized was being sued, and that office said that the office I worked at should have covered something as part of it's defense. So basically I had to give a deposition about what I did for this patient. I wasn't on trial, I wasn't in trouble...and it was still expensive.

When I went to my three close relatives for advice, each of them asked if I had my own lawyer or my own malpractice. At the time I did not. When I told them that, *each* of them responded with "Well, you're ****** and recommended I get my own lawyer at my own expense. I could not afford it. I was sweating bullets.

Luckily everything turned out okay, but I had to take time off work, had to drive to another city, and give a deposition, all on my own time and with my own money. If I had had at that point, it would have covered all this.

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I agree that is extremely cheap but my only concern is this: My instructor told me that I cannot be individually sought after in a case if I do not have malpractice insurance but if I do have it, then they can come after me. It was just a side comment she made while discussing something else so maybe I did not understand the situation clearly. Maybe she meant that they would be more likely to go after you if you have your own coverage because they have the chance to get some money off of you whereas they might not bother with you if you don't have coverage.

But I do agree that malpractice insurance is really cheap. It's just difficult to decide what to do.

Not to quibble with your instructor, but will she cover your expenses if she's wrong.

The unpleasant reality is that anyone can sue anyone else at any time for anything. A suit may not get anywhere, but you might still have to deal with it until it is dismissed. In fact, if you (or your representative) don't address its flaws, it may not be dismissed or the dismissal may take longer to happen.

As has been said several times in this thread, some legal beagles will throw every possible name into the hat in the hopes of getting something from someone. Whether a party does or doesn't have insurance isn't even known at the time of filing. Yes, it may factor into how vigorously an they go after you, but you can still be hung out to dry if the hospital is the target and the facility offers you up as a sacrificial lamb because you forgot to cross a T or dot an i.

It's a true observation that many nurses have made it through their entire careers without ever needing legal services. I didn't have insurance the whole time either. But with our society becoming increasingly litigious, jobs becoming more scarce, and the tight economy adding a general note of anxiety to the air, I'm going to keep renewing my policy.

One other observation--in addition to travel nurses, agency nurses, volunteer nurses, and those whose employers may be bought out or go under, certain specialty areas seem a bit more vulnerable than others. L&D comes to mind. If the docs' premiums are higher for a particular specialty, that indicates increased risk all round.

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When I went to my three close relatives for advice, each of them asked if I had my own lawyer or my own malpractice. At the time I did not. When I told them that, *each* of them responded with "Well, you're ****** and recommended I get my own lawyer at my own expense. I could not afford it. I was sweating bullets.

Luckily everything turned out okay, but I had to take time off work, had to drive to another city, and give a deposition, all on my own time and with my own money. If I had had malpractice insurance at that point, it would have covered all this.

How qualified are your 3 close relatives in giving you advice? Are they in healthcare or in the legal field and how much experience have they had with these sorts of things? I think any lay person's response would be "Well, you're ******", but they really don't have any expertise or facts to base their opinion on. They're just someone that you told you were going to court.

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