Quick question on civil lawsuits..

[lilkuz06]

I am a pre-nursing student (starting the program in the fall ) . Anyway, I had jury duty this morning. Oddly enough, the case was a civil suit filed against two nurses for the wrongful death of a patient. My question is, if they were to lose the case, who pays? Is it the two nurses or their insurance company (liability ins)? I ask because both of the nurses were there, but the judge did not mention on the witness list or in the courtroom anyone from their insurance company.

I was not picked as a juror, although would have loved to hear the case.

[Altra, BSN, RN]

If individual nurses are the defendants in this case, then they will be individually responsible if the court rules in favor of the plaintiff(s). They may, or may not have individual Liability Insurance. Many, many nurses do not carry such coverage.

Do you know if this was a home health case?

[lilkuz06]

I'm not sure. I only know the small details that were given from the questions asked to the jurors. I know that it involved a fall which led to other complications, then death. There were many other nurses and 2-3 doctors on the witness list. Also asked was if anyone worked or knew of anyone that worked in a hospital group here in Mass. There were 2 nurses that were defendents, both named individually.

So, if you have Liability Insurance, could you still be held individually and personally responsible if, God forbid, something happens?

[bill4745, RN]

Their malpractice insurance would pay up to the limit of the policy; they would be liable for anything over that.

[Batman25]

And this is another example of why you should ALWAYS carry your own malpractice insurance.

[Altra, BSN, RN]

So, if you have liability insurance, could you still be held individually and personally responsible if, God forbid, something happens?

Whether or not a nurse carries insurance does not have any bearing on what a court's decision will be. Even with insurance coverage, it is quite possible that a court award could exceed your insurance policy's coverage limit.

It is necessary to understand that this is a daily risk for any licensed individual. Not to make a mountain out of a molehill ... but the risk is there.

[klbinaug]

Typically if a person has a policy that could cover them in the event of a judgment against that person, the insurance company that issued the policy would have an attorney paid by them representing the individual. An actual representative from the insurance company is not usually directly involved.