Has Anyone Ever USED Their Malpractice Insurance?

319Port · Jun 24, 2009

Thanks for all the advice about the insurance. I am an older student with much more to lose than the younger students and too have been worried that the amount that the nso policy covers is not enough coverage for people who do own more than the average. I will look into more coverage thanks for the advice.

pagandeva2000, LPN · Jun 24, 2009

Ask yourself who pays the risk managers, you or the state?
Their first duty is to the employer, not to you, the nurse.
Even assuming the best intentions of every party, there will be circumstances in which there are genuine issues of who was at fault, the nurse or the facility. Guess which side the risk managers and agency lawyers will take.
Liability insurance costs a few hours pay per year. It's foolish not to get it, imho.

:yeah: Perfectly worded...when you think about who pays who, you will see where the interests will eventually shift to.

NursingtheHeart · Jun 24, 2009

Not having your own insurance does not prevent you from being named in a suit. I know this. But whatever the hospital decides to pay the plaintiff, for instance, in a mediation (to prevent going to court), that would be final if the nurse has no extra coverage. But if the plaintiff's lawyers find the nurse has extra coverage, the case can drag on because the plaintiff wants some of that money as well. Like I said, this is specific to my hospital. It is unlikely that any of you work at a hospital like this. It is huge and cannot be sued in and of itself. Only individual nurses and doctors and other practitioners can be sued. I know of specific instances in which this has happened.

Aydia1 · Jun 24, 2009

One of the members of our risk management team stated that in some instances, a private policy would not even cover the work incident. Has anyone else found this to be true?

Trauma Columnist · Jun 24, 2009

When you are sued, there is a discovery period where everyone comes clean about what insurance is available and who has it and the limits. Then....usually your employer's insurance will be primary and your private malpractice secondary. Most malpractice suits are settled by an agreement between the parties - few go to court. They do drag on though and on and on. It is incredibly stressful for everyone involved and the stress continues for the entire process.

By having malpractice insurance, you have an attorney in your corner who is only there to protect YOUR interests.

GadgetRN71, ASN, RN · Jun 25, 2009

One of the members of our risk management team stated that in some instances, a private policy would not even cover the work incident. Has anyone else found this to be true?

I really think you need to stop listening to the risk management people when it comes to malpractice insurance..they have a vested interest in making sure you don't have your own policy. Look at it this way, why do they spend so much time arguing against it? Obviously, they see it as some sort of threat.

I've only known a couple of people who have needed their insurance. But if you get NSO, it's $98 a year..that's less than $10 bucks a month and it covers you in many situations. It'll give you coverage if you ever get called before the BON..there's been cases of people getting summoned for nonsense claims due to someone seeking revenge. Sad, but it happens.

It's great that you appear to be a honest sincere person who wants to think the best of people. But sadly, even if you work in a hospital affiliated with a church, the fact is, the hospital and it's "minions":lol2:(ie administrators, CEOs etc) are looking out for their interests. Theirs, not the nurses, and in most cases not even the patients. I have seen this time and time again..they especially love trotting out the "we won't leave you hanging" line to the new RNs or new employees..tell that to the nurses and CRNA that almost had their licenses taken due to a mistake by the surgeon. They did everything they were supposed to, but like I said easier to go after a nurse than a surgeon. None of them had their own insurance-they had to pay all the legal fees.

You are also in a high risk specialty for lawsuits/calls to the BON..please, look after yourself and your career.

CrufflerJJ, BSN, RN, EMT-P · Jun 25, 2009

One of the members of our risk management team stated that in some instances, a private policy would not even cover the work incident. Has anyone else found this to be true?

As with nearly any insurance policy (home, automobile, malpractice), there are bound to be some "weasel words" in the policy to refuse coverage in certain instances. In the case of malpractice policies, this would probably include stuff like willful malicious acts (i.e., let's push 600MEq of KCl & see what happens!).

JaneyW · Jun 25, 2009

Not having your own insurance does not prevent you from being named in a suit. I know this. But whatever the hospital decides to pay the plaintiff, for instance, in a mediation (to prevent going to court), that would be final if the nurse has no extra coverage. But if the plaintiff's lawyers find the nurse has extra coverage, the case can drag on because the plaintiff wants some of that money as well. Like I said, this is specific to my hospital. It is unlikely that any of you work at a hospital like this. It is huge and cannot be sued in and of itself. Only individual nurses and doctors and other practitioners can be sued. I know of specific instances in which this has happened.

I'm sorry, but you are just entirely wrong on this. They can always come after you if they feel you have been negligent. Insurance has absolutely nothing to do with the equation. You may be young and not have many assets yet, but you do have future earnings that can be tagged if the plaintiff prevails. What state are you in? I have worked for a state-owned hospital in CA and you better believe they were sued quite regularly.

JaneyW · Jun 25, 2009

When you are sued, there is a discovery period where everyone comes clean about what insurance is available and who has it and the limits. Then....usually your employer's insurance will be primary and your private malpractice secondary. Most malpractice suits are settled by an agreement between the parties - few go to court. They do drag on though and on and on. It is incredibly stressful for everyone involved and the stress continues for the entire process.
By having malpractice insurance, you have an attorney in your corner who is only there to protect YOUR interests.

This is exactly why you need insurance. My DH is an insurance defense attorney (hired by an insurance company to defend policy-holders when they are sued). He charges between $150 and $200 and hour--this includes reading e-mails, answering phone calls, etc. At around $100 a year, the malpractice insurance is a bargain for the representation alone.

People get sued for the most stupid of things. You need an attorney to represent you even if you did nothing wrong.

JaneyW · Jun 25, 2009

As with nearly any insurance policy (home, automobile, malpractice), there are bound to be some "weasel words" in the policy to refuse coverage in certain instances. In the case of malpractice policies, this would probably include stuff like willful malicious acts (i.e., let's push 600MEq of KCl & see what happens!).

That's why you should always read your policy when you receive it. I agree 100%.

NeoNurseTX, RN · Jun 25, 2009

They have a risk management team who has our best interest at heart. quote]
If by "our", you mean the big wigs of the hospital, then you are right! But if you mean nurses...any hospital will throw one under a bus to save themselves.
I wouldn't work a day w/o insurance.

Aydia1 · Jun 25, 2009

Thanks for all of the advice everyone. I do tend to be a little naive, even though I am a psych nurse and worked at our state prison prior to this job. I will certainly be getting nursing insurance, most likely through NSO. Thanks!!