Malpractice Insurance

jfratian, DNP, RN, CRNA · Jun 20, 2014

Maybe I'm just paranoid, but I still carry malpractice insurance as an active duty nurse (I used to be civilian). It's ~$100/year for millions in coverage. NSO is what I use.

Your primary coverage will always be the hospital that employs you (be it military or civilian). These malpractice policies are always secondary coverage (for whatever hospital won't pay). The only difference I see with military facilities is that a lot of your patients are active duty and can't sue the government.

midinphx, BSN · Jun 21, 2014

I had malpractice as civilian. NSO as well. It's inexpensive.

Don't fool yourself that a hospital will really cover you. If you are involved in lawsuit, you have to prove that you followed the hospital's policy and procedure, or the hospital won't cover you. And any hospital that is sued, will throw anyone they can under the bus to save themselves money.

Most nurses really don't ever have to use the coverage, but better safe than sorry for the cost. And don't tell the hospital you have it, or anyone really. Lawsuits go after deep pockets; nurses are not considered targets due to little personal money in comparison to the hospital.

SoldierNurse22, BSN, RN · Jun 21, 2014

I'm active duty as well, and I absolutely have malpractice insurance.

I mean, have you seen the state of the military healthcare system lately? Womack, anyone?

LLLovely, BSN, RN · Jun 23, 2014

Hahaha, I used to work at Womack. So glad I PCS'd.

However, the way lawsuits against the government/military work is that the military/government pays, regardless. Unless there was gross negligence, gross malpractice, or intentional harm done by an individual, military nurses are covered as far as the money is concerned. That doesn't mean they won't throw you under the bus in other ways of course.

SoldierNurse22, BSN, RN · Jun 23, 2014

Hahaha, I used to work at Womack. So glad I PCS'd.
However, the way lawsuits against the government/military work is that the military/government pays, regardless. Unless there was gross negligence, gross malpractice, or intentional harm done by an individual, military nurses are covered as far as the money is concerned. That doesn't mean they won't throw you under the bus in other ways of course.

I have seen all of those items you initially listed, and the hospital I currently work at enjoys threatening the licenses of its staff when they don't get their way. Like I said, you really just never know. MUCH better to spend the measly $100 a year and not have to worry! If I ever did find myself in trouble with my license on the line, I'd much prefer a malpractice attorney who professionally defends nurses in court versus a JAG officer (no offense to JAG).

jeckrn, BSN, RN · Jun 25, 2014

Before buying malpractice insurance speak with your risk management if you are working in a civilian hospital. When going thru nursing school the risk manager from the largest health care system in WNY spoke with use and stated that if you have malpractice insurance you are on your own and the hospital will not defend you. This could cost you in the long run but every system is different.

GM2RN · Jun 25, 2014

Before buying malpractice insurance speak with your risk management if you are working in a civilian hospital. When going thru nursing school the risk manager from the largest health care system in WNY spoke with use and stated that if you have malpractice insurance you are on your own and the hospital will not defend you. This could cost you in the long run but every system is different.

Any hospital that takes that attitude is not going to be on your side anyway. Far better to have your own insurance with your own attorney to defend you.

Hancock330 · Jun 25, 2014

If the only time you ever give health advice is "on the job" and if, on the job, you are ALWAYS in compliance with EVERY single policy and procedure, and there is NEVER a situation where you are so overloaded that you fail to meet every single standard of care, then you don't need your own insurance. If those things aren't true (and they have never been true for me) you need your own malpractice insurance. To the person who said their hospital said that if she had her own insurance the hospital wouldn't cover her or defend her -- guess what? It is INCREDIBLY rare for a hospital-employed nurse to be sued for what happened in the hospital without the hospital - with it's MUCH deeper pockets - also being sued. And, in that situation, too many hospitals will try to get out of paying by throwing the nurse (or nurses) on the train tracks under the train. I always wanted to know that IF I was named in a malpractice suit (but I never was) that there would be a lawyer trying to keep MY insurance company from having to pay out $1,000,000 or so -- and so would be focused on me and my license. I'm sorry -- but I wouldn't trust protecting my career to any hospital. I HOPED they would do the right thing -- but I didn't want my career to depend on them doing the right thing. Without ones own coverage, as far as I know, if one loses in a malpractice suit, one can lose every asset one has -- the house, your and your spouses 401Ks and IRAs, college savings accounts for the kids, everything.

If you EVER advise a friend or neighbor about what to do about a child's fever or whether that laceration might need stitches -- ANYTHING -- even if the person fails to follow your advice -- if there's a bad outcome, you might be sued, and even if you win the suit, your legal fees could leave you impoverished. Good Samaritan laws cover you at the scene of an accident or at the scene of a disaster -- but not in your back yard or at the grocery store when you see that friend or acquaintance.

For a "med-surg nurse" the insurance is about $114 a year for $1,000,000 per incident/$3,000,000 maximum for all occurrences; for ICU, OR, and OB nurses (and maybe some others) and for NPs the rates are 5 or 6 (or more) times as much -- because the risks of being sued are that much greater in those settings. I get mine through the my state ANA affiliate -- the company has changed several times over the years but the coverage has remained about the same while going up with inflation for the coverages and costs -- and in addition to covering my nursing activities, it covers liability for accidents at my home if a person not in my family gets injured there. Regardless, I recommend that each nurse purchase this protection -- it's cheap compared to the alternatives if one gets sued.

GM2RN · Jun 26, 2014

I totally agree with Hancock. The only thing I might differ on is cost of insurance. I work in the ER and pay just over $100/yr, a drop in the bucket compared to defending a lawsuit.

jeckrn, BSN, RN · Jun 27, 2014

For some who thought I was telling them not to get malpractice insurance that is not the case. I was just passing on some information that I received while in school. As like any issue you need to fully investigate it before you make your decision.