lawsuits

Editorial Team / Admin · Sep 12, 2005

hello, is it fact or myth that a professional w/ liability insurance tends to attract more attention in a malpractice lawsuits? perhaps it also depends on how guilty/liable the person is... any info would be great, thx for your time.

Hello, beausud,

The professional with insurance or the one without.........does not matter. If you are "discovered" to be possibly at fault, you will be named in the suit.

mydesygn · Sep 12, 2005

Just graduated so I'm new at this. Do you mean to say that in adittion to paying for the facility's malpractice insurance you recommend nurses purchase their own insurance independantly?

No. The hospital pays a malpractice carrier to cover the hospital. You (the nurse) do not pay the hospital to cover you. You have no coverage through the hospital at all. As a nurse working at a hospital, the law states that your employer can be held liable for your errors. Most suits against the hospital are based on this principle. They are not suing the nurse, they are suing the hospital. It is usually in the best interest of the hospital to prove that you as their employee acted appropriately. This would releive the hospital of liability. Can someone sue a nurse without suing the hospital - yes. This typically doesn't happen because nurses aren't "deep pockets" i.e. rich - they will sue your employer. But technically if a patient hated you enough they could sue you only whereas you would have to hire a lawyer and if you had malpractice coverage, it would pay for your lawyer. But lawyers are looking for a payout and nurses really aren't one, the hospital is. Remember the lawyer for the hospital is there to protect the interests of the hospital. Recommendations for personal coverage are so that you can hire a lawyer who will protect your interests, exclusively. Personal coverage also protects you for issues that occur outside your employer, for example, let's say you volunteered at a church and gave one of the parishoners advice, they accepted your advice and did not seek appropiate medical care and they died , they would sue you and this is when you would need coverage to pay for a lawyer.

BabyRN2Be · Sep 12, 2005

How common are lawsuits against nurses and student nurses. I am in my first year of nursing school and we are studying the law as it relates to nurses. By the way, my school does not require students to purchase insurance. I am very concerned about this.

Yeah, I would be, too! I can definitely see why you're concerned about this.

Like the others have advised you, I would seek out your own insurance. It does surprise me that your school doesn't require students to have insurance. All the schools I've looked into say that it's mandatory.

Goodness, when I was doing practicums as a speech pathology student WE were required to have insurance... and we weren't dealing with acute care patients! I guess it really doesn't matter.

Ditto, Siri... I'd definitely look into getting some. Better safe and all that...

Editorial Team / Admin · Sep 12, 2005

No. The hospital pays a malpractice carrier to cover the hospital. You (the nurse) do not pay the hospital to cover you. You have no coverage through the hospital at all. As a nurse working at a hospital, the law states that your employer can be held liable for your errors. Most suits against the hospital are based on this principle. They are not suing the nurse, they are suing the hospital. It is usually in the best interest of the hospital to prove that you as their employee acted appropriately. This would releive the hospital of liability. Can someone sue a nurse without suing the hospital - yes. This typically doesn't happen because nurses aren't "deep pockets" i.e. rich - they will sue your employer. But technically if a patient hated you enough they could sue you only whereas you would have to hire a lawyer and if you had malpractice coverage, it would pay for your lawyer. But lawyers are looking for a payout and nurses really aren't one, the hospital is. Remember the lawyer for the hospital is there to protect the interests of the hospital. Recommendations for personal coverage are so that you can hire a lawyer who will protect your interests, exclusively. Personal coverage also protects you for issues that occur outside your employer, for example, let's say you volunteered at a church and gave one of the parishoners advice, they accepted your advice and did not seek appropiate medical care and they died , they would sue you and this is when you would need coverage to pay for a lawyer.

The hospital insurance does cover the nurse for the nurse is an extension of the hospital. Yes, they (hospital) will advocate for you. If a nurse is found liable, the hospital is responsible. So, technically, the hospital does cover you. But, the nurse can be sued individually with or without personal coverage.

And, if the nurse is named in a litigation issue, the nurse and the hospital will be held liable. The monies paid, if any, will be for the settlement of the nurse and the hospital (and any other personnel involved).

I just finished a case along this vein. The nurse was named as well as the hospital. The nurses were found liable. The hospital was found liable. The hospital settled out of court for a substantial amount and the malpractice carrier went bankrupt.......

When the nurse is "hated by the patient" and named in a suit, the hospital provides the attorney for the issue in question. If there is merit, the hospital will also be named in the suit.

Your rationale is accurate in that the nurse needs individual coverage. The hospital is responsible, but, then your own coverage extends past their liability.

Any liability issues outside the place of employment must be covered by ones own personal policy. Excellent reason to have your own policy.