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I thought patients could only sue doctors, and after talking to someone, he said patients can sue a nurse who has BS/AA or CRNA or NP.
Is that true? I'm confused I thought doctors can only get sued..
While I do hold professional liability insurance, I know several nurses who choose not to do so because they have nothing they fear loosing as far as personal assets goes, and think that having insurance will make them more likely to be sued.
So many misconceptions. I know in TX that you do not have to disclose that you're insured unless named in a lawsuit. So if you are not insured and your name in a lawsuit is simply a result of lawsuit shrapnel (i.e., you weren't rude to the patient, but rather just guilty by association, so to speak) you'd likely get dropped because even if the plaintiff wins, they can't get anything, including wage garnishments, from you. However, cash savings and some types of retirement plans are at risk (I think Roth IRAs, specifically).
If you were a rude nurse, though, you won't likely get out of it unless you can settle (and settlement of even $.01 automatically results in report to the BON). Or the hospital might strike a deal with the plaintiff to get your named dropped from the suit without specifically settling the suit under your name.
Another thing to be aware of...prior to the tort reform of 2003, in cases where a death occurred, plaintiffs could sue individuals for 1.5 mln each, so plaintiffs were devastating entire floor staff. Thanks to tort reform, that is no longer allowed.
My hubby and I had a similar discussion yesterday. I have always thought it smart to carry malpractice insurance regardless of the hospital covering their nurses. I don't totally trust a large corporation to look after my best interests - even if its a good facility to work at.
My hubby on the other hand argues that if a nurse carries additional insurance that they might be more likely to be sued because there is more money to be had.
Just as an aside -- Katnip -- I love you avavtar! Did you design it?
Katnip, RN
2,904 Posts
Hospitals say they will cover you. And they do to an extent, but the hospital will always come first, staff second. And if a nurse deviated one iota from the policy/procedures manual, the hospital will likely drop you like a hot potato. So it's still best to cover yourself. Personally, I'd rather be able to hire a lawyer of my choosing in most cases, anyway.
Plus the hospital itself may decide to report you to the BON for infractions real or imagined, and you'd better have your own coverage then to pay for a lawyer of your own.