Malpractice Insurance- Should I get it?

James Huffman · Sep 28, 2004

Best of luck on your beginnings in practice!

You might want to search the archives on this subject; it's been gone around a LOT. :-) I think malpractice insurance is not a good idea, and can even be harmful, but there are a lot of things to think through. Read some of the previous posts, decide for yourself, and don't let folks scare you either way.

klone, MSN, RN · Sep 28, 2004

I'm a new grad and just started working at a hospital. I am wondering if anyone has any advice about obtaining Malpractice Insurance for yourself. I know the hospital provides it for you, but i have heard that you should get it to protect yourself as well. However, if it is unecessary I would rather not spend the money on it. Any suggestions or thoughts?
Thanks!

According to my nursing instructor, who is also in law school so she can be a legal advisor to nurses, you should NOT get your own malpractice insurance. Having your own insurance makes you a juicy target for litigation. It's a lot more likely that you will be sued if you have insurance that will potentially pay out.

The insurance provided by your employer should be sufficient.

zacarias, ASN, RN · Sep 28, 2004

According to my nursing instructor, who is also in law school so she can be a legal advisor to nurses, you should NOT get your own malpractice insurance. Having your own insurance makes you a juicy target for litigation. .

My question, is how would someone know whether a nurse had personal malpractice insurance? It's not like we say "Hi I'm your nurse today and I carry personal malpractice insurance that will pay BIG so here's a tablet for you to write all down anything I do that is suspect. Ok?"

Town & Country · Sep 28, 2004

I wouldn't.

As soon as lawyers find out you have it, they'd be on it like white on rice.

Trust me, they'll find out....besides, more than likely you won't ever even need it.

Trauma Columnist · Sep 28, 2004

Please research this topic independently through references you trust before you make a decision. This is a topic that can get pretty heated. Its a personal decision. Good luck.

WyomingRN · Sep 28, 2004

I wouldn't.
As soon as lawyers find out you have it, they'd be on it like white on rice.
Trust me, they'll find out....besides, more than likely you won't ever even need it.

A lawyers would have no idea if a nurse has insurance or not until AFTER a suit has been filed. Only then does the discovery process begin and only then can someone be forced to disclosed such information. I have never seen any evidence that having insurance makes a nurse more of a target for a suit.

There was just a thread on this a few weeks ago. Read every post carefully.

llg, PhD, RN · Sep 28, 2004

Yes, do a search and read the previous threads on this topic.

Personally, I have always carried my own professional liability for the following reasons:

1. I see no evidence that having it makes you more likely to get sued. Patients sue for a variety of reasons and not having insurance will not significantly protect you from an angry patient.

2. You may be sued for activities performed while you are not working for your hospital -- giving advice to a friend, etc. -- and your hospital will not protect you then.

3. If I ever am sued, I want to be able to consult an attorney that is working for ME and not my hospital. My hospital's interest may be different from mine.

4. Insurance for nurses is cheap and I want to protect my assests "just in case."

5. If I do accidently hurt someone, I want to be sure that I have the means to compensate them fairly. I believe it is my professional responsibility to be provide that compensation if I actually do make a mistake -- and I don't want to have to lose all my savings, possessions, etc. to pay that fair compensation. Sometimes, the patient who sues is actually in the right and I want to be in a position to "do the right thing" ethically if that happens to be the case.

Good luck,

llg