Coverage Under Tort Protection for FQHC

[Lorie Brown RN, MN, JD]

Hello Lorie -

I work for an FQHC that has tort protection. Do I still need to get my own malpractice insurance?

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Thanks for the great question.

FQHC stands for Federally Qualified Health Center. As a federal entity, you are covered by the Federal Tort Claims Act. Your employer is responsible for covering you for medical malpractice. Whether you work for a federal or a civil employer, it doesn't matter. In the law, it is called respondeat superior which means that an employer is liable for the acts of the employee that are performed within the scope of the person's employment.

Your question is "do you need your own malpractice insurance." Even though your employer will cover you for malpractice, there are benefits to having your own malpractice insurance regardless of where you work.

1. You are entitled to your own attorney. If your interest and your employer's interest are adverse, having your own attorney definitely helps.
   
2. If you practice outside the scope of your employment, most likely an unintentional situation, you assuredly would want to be covered.
   
3. Some malpractice insurance will provide for disciplinary defense. Anyone can report you to the Board of Nursing. Therefore, if you have one of these policies, having your own insurance allows you to have coverage for these types of issues.
   

The only downside to having your own insurance is that some believe you are more likely to be named in a malpractice case. In my experience, I have not seen very many nurses named individually.

You will have to decide for yourself whether the pros outweigh the cons but, given all the benefits and the low cost of insurance, it may be wise to have your own policy.