Personal malpractice insurance....yes or no?

Specialties Ob/Gyn

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We had this discussion at work the other day. One of the points against it was that lawyers will go for the person(s) with the most . Also I know, I've been told that the hospital would back you up if you are following policy. Do you carry a personal policy?

Beth

For the measly

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ksfrn, I'm glad you have never been sued. Neither have I. :-)

And that's the point -- statistically, almost no nurses do. Get sued, that is. But we would never know that from the hysterical ads in 'Nursing 2004,' 'RN,' etc.

I would point out, though: winning a lawsuit does NOT mean that the BON wouldn't institute disciplinary action against a nurse. A BON acts differently than a court of law does, just as there are differing standards in a criminal case (e.g., "Jane Doe, RN, murdered her patient") and a civil case (e.g., "Jane Doe, RN, was negligent in not picking something up on a physical exam," and so was sued).

As you might have guessed, I don't think it's usually a good idea for nurses to have . However, for those who want to have it, I STRONGLY encourage them to make sure that the policy covers BON complaints, and will pay for an attorney to represent you there (if your area's BON permits it: some don't).

In other words, I think malpractice insurance is at best a waste of money, and at worst, it can be dangerous. If it covers BON actions, it's slightly less of a waste of money. :-)

Jim Huffman

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ksfrn, I'm glad you have never been sued. Neither have I. :-)

And that's the point -- statistically, almost no nurses do. Get sued, that is. But we would never know that from the hysterical ads in 'Nursing 2004,' 'RN,' etc.

I would point out, though: winning a lawsuit does NOT mean that the BON wouldn't institute disciplinary action against a nurse. A BON acts differently than a court of law does, just as there are differing standards in a criminal case (e.g., "Jane Doe, RN, murdered her patient") and a civil case (e.g., "Jane Doe, RN, was negligent in not picking something up on a physical exam," and so was sued).

As you might have guessed, I don't think it's usually a good idea for nurses to have . However, for those who want to have it, I STRONGLY encourage them to make sure that the policy covers BON complaints, and will pay for an attorney to represent you there (if your area's BON permits it: some don't).

In other words, I think malpractice insurance is at best a waste of money, and at worst, it can be dangerous. If it covers BON actions, it's slightly less of a waste of money. :-)

Jim Huffman

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Great topic was wondering myself. It is required by my school ea semester. They charge us

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Great topic was wondering myself. It is required by my school ea semester. They charge us

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Specializes in Specializes in L/D, newborn, GYN, LTC, Dialysis.

James, I saw 3 nurses get sued a few years ago. They were VERY seasoned, competent and VERY "friendly", likeable people. Did not matter, however, cause, yes, they were sued individually, as well as the doctor, in this case. Watching what they went through and seeing how LONG the process was, well, it was rather compelling in the argument FOR personal . I guess I am rather dubious......

I just do not trust a hospital to look our for my needs should it happen to me. Garnishment of future earnings is a horrible thought since I have years of work ahead of me. Threatening every measly asset my family owns is another. Also, the hospital can and will drop me like a hot freaking potato if they see the risk is not worth defending me. How can anyone argue this? I see the arguments against carrying personal malpractice insurance, and I can understand them. I see both sides. I just am very mistrustful of the hospital to look out for my interests as an employee should, Heaven forbid, I am named in a suit in the future.

It's hard to predict what may happen in the 20- plus years I have to work in the future, really. Let me say, clearly, whoever believes nurses are not sued, cause they think the patients "like" us, needs to meet these 3 ladies---- two of whom no longer are nurses due to this nightmare. :o

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Specializes in Specializes in L/D, newborn, GYN, LTC, Dialysis.

James, I saw 3 nurses get sued a few years ago. They were VERY seasoned, competent and VERY "friendly", likeable people. Did not matter, however, cause, yes, they were sued individually, as well as the doctor, in this case. Watching what they went through and seeing how LONG the process was, well, it was rather compelling in the argument FOR personal . I guess I am rather dubious......

I just do not trust a hospital to look our for my needs should it happen to me. Garnishment of future earnings is a horrible thought since I have years of work ahead of me. Threatening every measly asset my family owns is another. Also, the hospital can and will drop me like a hot freaking potato if they see the risk is not worth defending me. How can anyone argue this? I see the arguments against carrying personal malpractice insurance, and I can understand them. I see both sides. I just am very mistrustful of the hospital to look out for my interests as an employee should, Heaven forbid, I am named in a suit in the future.

It's hard to predict what may happen in the 20- plus years I have to work in the future, really. Let me say, clearly, whoever believes nurses are not sued, cause they think the patients "like" us, needs to meet these 3 ladies---- two of whom no longer are nurses due to this nightmare. :o

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This is a really interesting topic. Does anyone have stats on the number of nurse who have been sued per year? It does make sense that a nusre who has been sued and has a judgement against her/him might just as well go bankrupt and then the suit is a waste of time. I am starting my first RN position in a very short time from now and I had planned on getting insurance but now I am not so sure.

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This is a really interesting topic. Does anyone have stats on the number of nurse who have been sued per year? It does make sense that a nusre who has been sued and has a judgement against her/him might just as well go bankrupt and then the suit is a waste of time. I am starting my first RN position in a very short time from now and I had planned on getting insurance but now I am not so sure.

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I have heard that arguement about if you don't have insurance they won't spend time going after you. I don't buy it. If you own property or have money in the bank it can be taken should they go after you. They can even get a judgement against you and siphon off your future earnings. In a lawsuit the attorney will name everyone involved and worry about who they are going to go after later. You will be served papers that you must fill out describing your net worth. This is the time you need an attorney. Your place of employment is not going to supply you with one. Your insurance company will fight for you as any judgement will come out of your carriers pocket. It is much like not carrying auto insurance and causing an accident. There is no guarantee the injured is going to just say forget about it because you have no insurance. So you pay $100 a year for 1 million worth of insurance. You get an attorney and if you lose and have to pay 1 million it only cost you $100. Sounds like a good deal to me.

Not true. Pretty much all of this isn't factual.

Attorneys are not "going after" you. They "go after" the money.

You are not served papers to fill out your net worth. (Not in my state)

And, your "place of employment" has already provided you with insurance and the insurance attorneys.

This is nothing like auto insurance.

If you have 1 mill in insurance, and you are involved in med/mal/neglect issue... the attorney will DEFINITELY attempt to "go after" your insurance. THAT is how attorneys make money.

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I have heard that arguement about if you don't have insurance they won't spend time going after you. I don't buy it. If you own property or have money in the bank it can be taken should they go after you. They can even get a judgement against you and siphon off your future earnings. In a lawsuit the attorney will name everyone involved and worry about who they are going to go after later. You will be served papers that you must fill out describing your net worth. This is the time you need an attorney. Your place of employment is not going to supply you with one. Your insurance company will fight for you as any judgement will come out of your carriers pocket. It is much like not carrying auto insurance and causing an accident. There is no guarantee the injured is going to just say forget about it because you have no insurance. So you pay $100 a year for 1 million worth of insurance. You get an attorney and if you lose and have to pay 1 million it only cost you $100. Sounds like a good deal to me.

Not true. Pretty much all of this isn't factual.

Attorneys are not "going after" you. They "go after" the money.

You are not served papers to fill out your net worth. (Not in my state)

And, your "place of employment" has already provided you with insurance and the insurance attorneys.

This is nothing like auto insurance.

If you have 1 mill in insurance, and you are involved in med/mal/neglect issue... the attorney will DEFINITELY attempt to "go after" your insurance. THAT is how attorneys make money.

Up Vote Up Vote ×
James, I saw 3 nurses get sued a few years ago. They were VERY seasoned, competent and VERY "friendly", likeable people. Did not matter, however, cause, yes, they were sued individually, as well as the doctor, in this case. Watching what they went through and seeing how LONG the process was, well, it was rather compelling in the argument FOR personal malpractice insurance. I guess I am rather dubious......

I just do not trust a hospital to look our for my needs should it happen to me. Garnishment of future earnings is a horrible thought since I have years of work ahead of me. Threatening every measly asset my family owns is another. Also, the hospital can and will drop me like a hot freaking potato if they see the risk is not worth defending me. How can anyone argue this? I see the arguments against carrying personal malpractice insurance, and I can understand them. I see both sides. I just am very mistrustful of the hospital to look out for my interests as an employee should, Heaven forbid, I am named in a suit in the future.

It's hard to predict what may happen in the 20- plus years I have to work in the future, really. Let me say, clearly, whoever believes nurses are not sued, cause they think the patients "like" us, needs to meet these 3 ladies---- two of whom no longer are nurses due to this nightmare. :o

Lawsuits costs money. Lots of money. For an attorney to spend $$$ lots of it, to go after a harworking joe, doesn't happen. Attorneys go after INSURANCE money. The big bucks.

As far as the "hospital dropping you", the hospital doesn't have anything to do with the lawsuit. Their insurance carrier is in charge. The lawyers for the insurance company are doing everything they can to prevent paying insurance money. They want you, and the rest of the staff, to look perfect. They are defending your actions.

If you have insurance, and are sued, your attorney is doing the same thing... trying to prevent paying any money.

However, if you have insurance, you will definitely be more involved in the suit, more depositions, more questions, more time, more stress, because of your insurance.

Keep in mind, Everything is about the money. (I am not saying that a greiving family would be out for money- I am talking about the suit, the process, the attorneys, the defense, etc. The only one NOT concerned about the money is usually the family)

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