A lot of my coworkers have been debating lately about carrying malpractice insurance. I've always been a cautious person and carry it, especially because I don't know what the future holds and am under the impression that if legal issues came up after leaving a facility that they would not defend me.
Many people however are of the mindset that carrying additional insurance makes one a target for lawsuits and no one will bother to go after you if you're not insured and thus not financially worth the effort. Several people have stories of uninsured nurses being dismissed from cases after the lawyers surveyed who had coverage and who didn't.
Specializes in Community Health, Med-Surg, Home Health.
I feel better with it, was advised to purchase it while in school. Also, most agencies will not hire nurses without it, because they have even less of an interest in your well being than a regular job. Usually, the agency person gets dumped on by regular staff as it is. No reason to put myself at risk. I like my home and nursing is all I know. Need both of these things in my life.
Many nurses do not realize that the role of the Board of Nursing is to protect the public, not to protect the nurse. The state boards of nursing have the task of investigating any nurse who may have allegedly violated their nurse practice act. The board is a guardian of the public. A nurse can be reported to the board by a patient, a co-worker or an employer. The employers liability policies are meant to protect the facility only, not the nurse. If you purchase liability insurance make sure it covers the attorney fees and costs associated with BON disciplinary investigations.
Your actions as an employee are the purpose of Liability Insurance. Facility policies cover employee actions.
The insurance company wants to prove their employees actions were proper standard of care.
You are NOT required to answer this question at all if the attorney is not representing you unless you are in a court of law, in a binding arbitration, and even then I would refuse to answer the question unless I was given SPECIFIC instructions by the judge/arbitrator that I would be held in contempt for not answering.
If you are in a defensive position, you are not required to give any information, no matter how small, to a CIVIL attorney.
I would even tell them where I went to nursing school...make the ******* figure it out himself.
The attorneys I referred to were the ones representing the employer and the nurses. They said this at our very first meeting.
One of my current employers, an agency, requested a copy of my insurance policy when they hired me. They also request an updated copy annually. First time this has every happened to me. I certainly think that I'm correct in my assumption about what will happen should there be a lawsuit. I would definitely look for my own representation. I don't expect any help from these people.
The attorneys I referred to were the ones representing the employer and the nurses. They said this at our very first meeting.
One of my current employers, an agency, requested a copy of my insurance policy when they hired me. They also request an updated copy annually. First time this has every happened to me. I certainly think that I'm correct in my assumption about what will happen should there be a lawsuit. I would definitely look for my own representation. I don't expect any help from these people.
Why wouldn't you want to cooperate with your own defense?
I think you misunderstand what I'm trying to say. My current employer wanted a copy of my insurance policy so that they know that they don't have to cover me in a lawsuit. Why else would this info be demanded? No other healthcare employer has ever demanded that I carry my own malpractice insurance. And my employer in the other situation, did, even if it was in their own best interests, cover their nurses. I don't think this employer will cover me.
I think you misunderstand what I'm trying to say. My current employer wanted a copy of my insurance policy so that they know that they don't have to cover me in a lawsuit. Why else would this info be demanded? No other healthcare employer has ever demanded that I carry my own malpractice insurance. And my employer in the other situation, did, even if it was in their own best interests, cover their nurses. I don't think this employer will cover me.
They have to carry insurance covering their employees- it is the law.
Sorry- I worked for medmal/neg attorneys for years- this insurance/liability misconception by nurses is a big pet peeve of mine. Propoganda from insurance companies.
Nurses ARE covered. Attorneys will NOT come after individual people, you won't loose your home.
I understand what you're saying, but they don't have to provide legal representation for the individual nurse. The employer's attorneys made this clear in our lawsuit. Whenever the individual nurse is involved with the attorneys for the employer it is in defense of the employer's liability, not necessarily that of the individual nurse. It is to the advantage of an employer that they be found innocent of wrongdoing, whether or not the nurse is found guilty of any breach of standards.
Aaaahhh. Individual representation. You won't get that with nursing Liability Insurance.
You will get it if you pay a lawyer out of your own pocket to represent you. But that is the only way.
Do you really think that 100$ will get your your own personal attorney, who will spend thousands of hours and dollars to make sure that the plaintiff's attorneys don't make you out to be a bad nurse?
Doesn't happen that way.
But the insurance companies sure do want you to believe that is what happens.
Many nurses do not realize that the role of the Board of Nursing is to protect the public, not to protect the nurse. The state boards of nursing have the task of investigating any nurse who may have allegedly violated their nurse practice act. The board is a guardian of the public. A nurse can be reported to the board by a patient, a co-worker or an employer. The employers liability policies are meant to protect the facility only, not the nurse. If you purchase liability insurance make sure it covers the attorney fees and costs associated with BON disciplinary investigations.
Absolutely!
The BON does NOT care about Nurses. One would think that they would, but they don't.
This is why the BON offers anonymous reporting. If they really cared about the reports, they would require strict specifications to filing a complaint.
A facility doe not care about an individual Nurse. Anyone working must realize this. Facilities care about covering themselves. When push comes to shove....a facility is NOT going to stand up for the sole Nurse.
I've witnessed Nurses getting completely messed over. These Nurses truly thought their Employer would cover everything.....they learned the hard way that when their employer found a loophole to not cover them, they took it.
This also applies to people injured on the job (and the fact that you must really, really consider Disability Insurance).
I, personally, feel that anyone is a complete FOOL to work without Disability Insurance.
Aaaahhh. Individual representation. You won't get that with nursing liability insurance.
You will get it if you pay a lawyer out of your own pocket to represent you. But that is the only way.
Do you really think that 100$ will get your your own personal attorney
You are incorrect. This is taken from the NSO website. It's also in my written policy.
Professional Liability Coverage - up to $6,000,000 aggregate, up to $1,000,000 each claim * Covers you with up to $1,000,000 each claim, up to $6,000,000 aggregate professional liability coverage for covered claims arising during the policy period. (Optional lower limits are also available) * Limits of liability in Florida for Nurse Practitioners are up to $250,000 aggregate, up to $750,000 each claim.
Personal Liability Protection - up to $1,000,000 aggregate You're covered, up to $1,000,000 aggregate (depending on the limits you choose), for liability damages for covered claims resulting from incidents at your residence that are unrelated to your work.
Defendant Expense Benefit - up to $10,000 aggregate Reimburses you up to $10,000 aggregate for lost wages and covered expenses incurred when you attend a required trial, hearing or proceeding as a defendant in a covered claim.
License Protection - up to $25,000 aggregate Reimburses you up to $25,000 aggregate, up to $10,000 per proceeding for your defense of license or disciplinary action and other covered expenses arising out of a covered incident.
Personal Injury Protection Protects you, up to the applicable limits of liability, against covered claims arising from charges of privacy violation, slander, libel, assault and battery, and other alleged personal injuries committed in the conduct of your professional services.
Medical Payments - up to $100,000 aggregate Pays up to $100,000 aggregate, up to $2,000 per person for reimbursement of medical expenses to others injured at your residence or business premises.
Assault Coverage - up to $25,000 aggregate Covers your medical expenses or reimburses you for damage to your property up to $25,000 aggregate, up to $10,000 per incident if you are assaulted at work or while commuting to and from your workplace. (Assault Coverage is not available in Texas.)
Damage to Property of Others - up to $10,000 aggregate Pays up to $10,000 aggregate, up to $500 per incident for damage caused accidentally by you to the property of others at your residence or workplace.
First Aid Benefit - up to $2,500 aggregate Reimburses you up to $2,500 aggregate for expenses you incur in rendering first aid to others.
Deposition Representation - up to $5,000 aggregate Reimburses you up to $5,000 aggregate, up to $2,500 per deposition for attorney's fees as a result of your required appearance at a deposition that arises out of professional services.
24/7 Protection During the policy period, coverage is in force 24/7. You're covered for incidents that occur on the job and after hours as well. Your protection remains in force even if you change jobs or during a period of unemployment.
Occurrence-based Coverage * Protects you regardless of when a claim is filed, provided the policy was in force at the time the covered medical incident occurred. * Coverage is written in Florida for Nurse Practitioners on a claims-made basis only.
Legal Representation An attorney will be provided to represent you personally when we find it necessary. Legal fees will be paid for covered claims, in addition to your liability limits - WIN or LOSE.
Worldwide Protection Coverage is available worldwide, provided claim is brought against you in the United States, its territories and possessions, Puerto Rico, or Canada.
You think that you will get individual representation. Personal service. It doesn't work that way.
Nurses believe that the attorneys are there to represent them, to assist them in keeping their name clear. "I won't settle" "they won't blame me".
This isn't what happens at all.
The attorneys are representing your insurance company. This type of insurance isn't about protecting your status as a nurse, it is about money.
Your own post: "Legal Representation An attorney will be provided to represent you personally when we find it necessary.
As employees are represented with the facility's insurance company, you will probably never see a representative from your insurance company- it isn't necessary!!
To hear nurses say they carry liability so that they have someone on their side, it is obvious that they don't understand the system, and have believed the insurance company propaganda.
pagandeva2000, LPN
7,984 Posts
I feel better with it, was advised to purchase it while in school. Also, most agencies will not hire nurses without it, because they have even less of an interest in your well being than a regular job. Usually, the agency person gets dumped on by regular staff as it is. No reason to put myself at risk. I like my home and nursing is all I know. Need both of these things in my life.