Has Anyone Ever USED Their Malpractice Insurance?

Wishinonastar, BSN · Jul 1, 2009

I have heard that the hospital can sue you too to recoup their expenses. I have also heard that the malpractice that they have for you will only cover you if you are in the right, not if you screw up. I don't know that this is true, but I have always carried my own since back in my student days. Think of it this way, insurance is a gamble. The company is betting you won't get sued. You are betting you will. You put down your $89 premuim, they put down $1 million. Who has the most to lose? If you don't have the insurance and you get sued anyway- say goodbye to the house, the car, your IRA. I consulted a lawyer once and it was $200 just to walk in the door. Every hour beyond that had additional fees. What can you afford? Me- I'll take my annual premium please.

LadyTiger44 · Jul 1, 2009

I also carry my own insurance and work at a hospital that will cover me if anything happens. It is a Magnet hospital, and everything is public-falls, etc. Someone had a good point that I talked to about the hospital backing you if something happens-they would rather settle and keep things out of court and back you up than to have some huge lawsuit that would detract people to coming to that hospital or make the hospital look bad. Risk management might be looking out for the hospital, but at where I work they also look out for the workers and patients. The hospital I work at even admits the things that have happened and made them look bad-a very public incident that happened where I work was nurses administering heparin to babies (it was one of the places that happened at) and some of those nurses still work for my hospital. My hospital does cover us if something like that were to happen, but just for my own peace of mind I carry my own insurance; I think its a personal decision that you need to make depending on where you work. If you are being put into situations where you dont feel like you are being a safe and effective nurse (too high of pt to nurse ratios, having to take care of overflow pts that you don't feel comfortable taking care of etc) then I think that is the time you need to either look for a new job or try and do something to change it by going to your CPC meetings. When we have incident reports filled out on mistakes we make, we dont get in trouble for them; they are reviewed by a board of our peers and tracked to see if the same thing is happening often. Our shift coordinators also talk to us to get our side of the story. When we see trends happening-lots of pt falls etc, at our unit CPC meetings we come up with solutions and ways we can change things to make it better. So, I personally think and believe that if I was named in a lawsuit my hospital would stand behind me, since it has with other workers at my hospital; I just carry my own insurance as a back up.

pagandeva2000, LPN · Jul 1, 2009

What I would like to know is if anyone has, in fact, utilized their personal malpractice insurance if it was really helpful. For example; did you have to pay upfront and be reimbursed by the insurance company? Or, did they actually give a list of attorneys to choose from or did you choose your own?

JaneyW · Jul 2, 2009

Although this is not specific to malpractice, I can tell you how you get a defense attorney when you are sued for something that triggers a defense from an insurance policy. You call your insurance company and start the claim process for the incident. You get assigned to a claim rep and that claim rep sends your suit to a defense attorney they work with regularly that has expertise in whatever the suit is about. The attorney is representing you and you have attorney-client privilege, etc., but the attorney bills the insurance company directly and is paid by them. You may not even know how much unless you ask. My husband does this kind of trial law. His clients are the policy holders, but he also deals closely with and gets paid by the claim reps. The reason to have insurance of any kind, including malpractice, is to have peace of mind.

vandermom · Jul 2, 2009

I have had NSO insurance since 1969 when I entered nursing school. Lucky enough (and careful to CYA) to never need it. Feel great knowing that it is there should I need it. I don't broadcast I have it.

Code_VSA · Jul 2, 2009

YES!!!

Get and keep malpractice insurance.

A doctor had a family bring negligence charges against me.

An attorney from my home state called me and told me not to worry, that it was just a form of intimidation on the doctor's part, two days later an attorney from Chicago and another from Texas (all worked for the same malpractice insurance company) called me. Listening to my story they too repeated what the first attorney said. Charges were dropped in 6 weeks.

Over-the-hill-Nurse · Jul 2, 2009

I have carried insurance since nursing school. I do have NSO. And Yes I have had to use it. I was involved in a suit against the hospital and doctors and nurses were also named. The suit lasted almost 2 years. the depositons, the hearings, and the stress that goes along with it.

NSO represented me in this suit. I did not have to have any money period. I called them immediately upon getting the notification of the lawsuit. A representative contacted me immediately. They are very professional and do their job well. I personally would recommend having your own insurance. I work in a hospital and no matter what, their interest is in what is best for them, not you!

The hospital clearly did back me, but believe me you do not want to be without your OWN insurance! After two years of going through this suit, the hospital settled and Even the docs settled out of court. I never paid anything out of pocket. My own charting saved me and I was not at fault. This is also a reminder to clearly document all findings in your nurses notes, teaching notes, and any other documents that pertain to the patient you are taking care of, and never, never falsify any document!! This is your livelyhood. Being named in a suit is very unnerving and I hope that I never have to go through it again.

Would I be without my own insurance? Not ever!

Josiemom · Jul 2, 2009

Yes it really does works! Each state is different but just like car insurance you will be covered depending what coverage you have. As nurses we all should carry Malpractive Insurance. I suggest that if you are interested in finding out how it really works call the 1-800 # and ask questions.

merrywhiterose · Jul 2, 2009

What about for those of us that rent? How much should we get?

83studentnurse · Jul 2, 2009

As a student, I am required by my school to purchase $1M per claim $6M aggregate insurance from NSO (I am a renter, by the way). I think it only cost me about $29 a year! Although I'm not a nurse and am covered to an extent by hospital and school insurance, I do think it's extremely important to have my own coverage. I've heard too many stories about nurses "taking the fall" when there's a bad outcome, even if they weren't really responsible.

Jules A, MSN · Jul 2, 2009

What a great thread! I also work for a magnet hospital and got the "you don't need your own we gottcha covered" speech. I didn't buy that for one second. What I don't understand is why they don't want us to have our own? I just can't imagine anyone would rather sue the nurse than the hospital and I'd assume that even if we did something wrong that the hospital would be liable anyway.

FWIW I have my own and haven't ever been asked if I did by any of my employers past or present.

StNeotser, ASN, RN · Jul 2, 2009

No I haven't. And judging by the only two times I really needed A My health insurance and B my homeowners insurance I sincerely hope I never ever need to.