Personal malpractice insurance....yes or no?

Specialties Ob/Gyn

Published

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

Specializes in Home Health Case Mgr.

Jim, I am with you here. Before I got into nursing was in legal field, also wife is L & D nurse. First thing the legal team does is an "Asset Search" (I've done them on other people) If you do not have insurance, 2nd home, yatch, airplane, business you are not of much interest. Depending on the state, Texas for example...Cannot garnish wages, retirement, cannot seize homestead, cars ONLY luxuary items (boats, harleys). My wife was named twice in twenty years in L & D and both times she showed up to be deposed, she was dropped from suit after assets were revealed, also, yes most assest are in my name or joint name. I would like the insurance for BON stuff for sure though. Just a tough call and a personal preference. Coencidently the lawyers usually hired to defend nurses or hospitals are usually RN/JD or MD/JD.

"Rock on fellow nurses"

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ayndim,

I applaud you for being one of the very few participants in this discussion willing to acknowlege and meet your responsibilities to a patient who you may inadvertently injure. Your morals and ethics are above and beyond those of our fellow RNs who are intent on finding ways to avoid such responsibility.

I am quite sure that those very same people would never allow an uninsured physician to care for themselves or their families. How can we possibly expect to be considered as professionals when we are not willing to take responsibility for our actions (however inadvertent) and provide compensation for patients who have been truly harmed by our actions?

Don't shoot the messenger. My concern IS my fellow nurses.

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ayndim,

I applaud you for being one of the very few participants in this discussion willing to acknowlege and meet your responsibilities to a patient who you may inadvertently injure. Your morals and ethics are above and beyond those of our fellow RNs who are intent on finding ways to avoid such responsibility.

I am quite sure that those very same people would never allow an uninsured physician to care for themselves or their families. How can we possibly expect to be considered as professionals when we are not willing to take responsibility for our actions (however inadvertent) and provide compensation for patients who have been truly harmed by our actions?

Don't shoot the messenger. My concern IS my fellow nurses.

Up Vote Up Vote ×
ayndim,

I applaud you for being one of the very few participants in this discussion willing to acknowlege and meet your responsibilities to a patient who you may inadvertently injure. Your morals and ethics are above and beyond those of our fellow RNs who are intent on finding ways to avoid such responsibility.

I am quite sure that those very same people would never allow an uninsured physician to care for themselves or their families. How can we possibly expect to be considered as professionals when we are not willing to take responsibility for our actions (however inadvertent) and provide compensation for patients who have been truly harmed by our actions?

Obviously, "Jim" has legal expertise. CSLee has acknowledged legal background, and I have worked for legal firms. Our posts are not about responsibility, they are about the real world, and the workings of the legal field.

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ayndim,

I applaud you for being one of the very few participants in this discussion willing to acknowlege and meet your responsibilities to a patient who you may inadvertently injure. Your morals and ethics are above and beyond those of our fellow RNs who are intent on finding ways to avoid such responsibility.

I am quite sure that those very same people would never allow an uninsured physician to care for themselves or their families. How can we possibly expect to be considered as professionals when we are not willing to take responsibility for our actions (however inadvertent) and provide compensation for patients who have been truly harmed by our actions?

Obviously, "Jim" has legal expertise. CSLee has acknowledged legal background, and I have worked for legal firms. Our posts are not about responsibility, they are about the real world, and the workings of the legal field.

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Fine. Then I ask my original questions again.

If you make a mistake, will you immediately compensate for the damage done?

Or would you wait for a jury trial?

And if you would wait, why would you wait? Why should an attorney get 35-40% of a settlement from your insurance carrier?

Jim Huffman

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Fine. Then I ask my original questions again.

If you make a mistake, will you immediately compensate for the damage done?

Or would you wait for a jury trial?

And if you would wait, why would you wait? Why should an attorney get 35-40% of a settlement from your insurance carrier?

Jim Huffman

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Fine. Then I ask my original questions again.

If you make a mistake, will you immediately compensate for the damage done?

Or would you wait for a jury trial?

And if you would wait, why would you wait? Why should an attorney get 35-40% of a settlement from your insurance carrier?

Jim Huffman

If I had the money I would compensate but since I don't I will carry insurance. Hopefully, they would not drag out a case that was obviously my fault. It would be nice if a pt could go right to the insurance carrier and bypass the attorney. Who in my mind make way too much money off of personal injuries cases of any sort.

This is my solution to the malpractice rates problem. Every dr, nurse and medical worker in the country puts in X amount into a fund. When someone suffers an injury a panel of 5 drs, 5 nurses and 5 healthcare workers examine the case. They decide if the provider followed the "reasonable and prudent dr/nurse or hc worker" would have done. These people have only one job and that is to sit on this panel and must have X years of experience. If it is decided that the dr/nurse/worker is responsible then a judge would decide the amount. If a dr/nurse/worker has had a judgement against them then their rate is raised, their rate would be 2X, 3X. Obviously, each worker would have different rates according to their risk initially. Nurses generally have lower risk as drs have a greater liability as they are responsible for giving orders and such. After so many judgements and since it is a central database, workers could have privelages taken away (their license) if there is a pattern of problems. Hospitals would also have to contribute. The nurses/workers contribution could be part of the benefits package and would not affect the nurses/workers coverage.

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Fine. Then I ask my original questions again.

If you make a mistake, will you immediately compensate for the damage done?

Or would you wait for a jury trial?

And if you would wait, why would you wait? Why should an attorney get 35-40% of a settlement from your insurance carrier?

Jim Huffman

If I had the money I would compensate but since I don't I will carry insurance. Hopefully, they would not drag out a case that was obviously my fault. It would be nice if a pt could go right to the insurance carrier and bypass the attorney. Who in my mind make way too much money off of personal injuries cases of any sort.

This is my solution to the malpractice rates problem. Every dr, nurse and medical worker in the country puts in X amount into a fund. When someone suffers an injury a panel of 5 drs, 5 nurses and 5 healthcare workers examine the case. They decide if the provider followed the "reasonable and prudent dr/nurse or hc worker" would have done. These people have only one job and that is to sit on this panel and must have X years of experience. If it is decided that the dr/nurse/worker is responsible then a judge would decide the amount. If a dr/nurse/worker has had a judgement against them then their rate is raised, their rate would be 2X, 3X. Obviously, each worker would have different rates according to their risk initially. Nurses generally have lower risk as drs have a greater liability as they are responsible for giving orders and such. After so many judgements and since it is a central database, workers could have privelages taken away (their license) if there is a pattern of problems. Hospitals would also have to contribute. The nurses/workers contribution could be part of the benefits package and would not affect the nurses/workers coverage.

Up Vote Up Vote ×
Specializes in Maternal - Child Health.
Fine. Then I ask my original questions again.

If you make a mistake, will you immediately compensate for the damage done?

Or would you wait for a jury trial?

And if you would wait, why would you wait? Why should an attorney get 35-40% of a settlement from your insurance carrier?

Jim Huffman

Jim, I already answered this question on the other thread. While I find this to be an interesting topic of debate, I don't have the time or inclination to repeat my posts. Please check there, and add your comments.

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Specializes in Maternal - Child Health.
Fine. Then I ask my original questions again.

If you make a mistake, will you immediately compensate for the damage done?

Or would you wait for a jury trial?

And if you would wait, why would you wait? Why should an attorney get 35-40% of a settlement from your insurance carrier?

Jim Huffman

Jim, I already answered this question on the other thread. While I find this to be an interesting topic of debate, I don't have the time or inclination to repeat my posts. Please check there, and add your comments.

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Jim, I already answered this question on the other thread. While I find this to be an interesting topic of debate, I don't have the time or inclination to repeat my posts. Please check there, and add your comments.

With all due respect, you didn't quite answer the question as to why you would wait for a jury trial (which wouldn't happen), instead of paying. If you made a mistake that greatly affected someone's life, would you just sign over your checks/house/auto?

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