Should I Carry Nursing Malpractice (Liability) Insurance?
Malpractice (liability) insurance provides essential legal and financial security. Many Nurses go "bare" and never really consider Liability insurance as important. Be sure you are well informed before you make any final decisions about your future.
This question comes up frequently and is asked of me quite often, "should I carry malpractice protection?"
What is Malpractice?
Simply put, it is a failure to adhere to a standard of care or conduct by a professional such as a Physician, Nurse, Attorney, etc. Malpractice occurs when it can be proven that the professional had a duty to provide a standard of care/conduct, breached that duty, an injury or damage resulted, and the injury/damage was caused by the breach.
No matter how educated, confident, and careful the Nurse is, unintentional mistakes can and will happen. Accidents will occur. And, unfortunately, willful neglect can be an issue. Injury and death very often are the results of mistakes, accidents, and neglect. Families want to know what happened. Even in the best scenario, the Nurse feels embarrassed and ultimately fears what the damage could do to a perfect professional reputation. Nurses must have the option of protecting their professional reputations and personal assets. Having individual Liability Insurance is a smart solution.
Nurses will often make the following statement
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My employer covers me so I don't need my own malpractice/liability policy.
Yes, your employer's policy may cover you, but only up to a point. Remember: Your employer's policy is created to fit their specific needs and protects them first. You may even be told (by your employer HR) that you do not need your own policy. What they do not tell you is that they want you to be represented by their attorneys. They do not want "outside" representation for they know that their best interests will not be first and foremost.
All malpractice liability insurance policies have limits of liability. If you are only covered by your employer's insurance, other defendants employed at your entity may and probably do share your liability limits under the same policy. If you, as well as others, are named in a suit, your legal costs, including any settlement, could exceed your employer's shared liability limits. This would mean out-of-pocket expenses for you.
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What type of policy and how much coverage do I need as a Nurse?
These are questions that are very important when considering a policy.
Two Popular Policies
Occurrence-based - any covered incident occurring while the policy is in effect even if the policy is now canceled and/or you have retired
Claims-made - any covered incident only while the policy is in effect
The cost of a policy is economical and reasonable. For example, the annual premium could cover the first hour billed by Attorney. $1,000,000/$6,000,000 coverage premiums are approximate $100/year in most states for the Registered Nurse (RN) as well as for the Licensed Practical/Vocational Nurse (LPN/LVN).
One major benefit of an individual policy that is often overlooked or taken for granted when considering coverage is license protection. Nurses need to be aware that this will extend beyond their employer's coverage and includes discipline issues that can be brought up by the individual Nurse's Board of Nursing (BON). Many Nurses do not have the financial ability to go against the BON, therefore, license protection is a must.
Another all-important beneficial consideration is that policies normally will include coverage regarding libel, slander and patient confidentiality, including HIPAA issues. These issues can be troublesome and include a great cost for the Nurse.
Finally, a common statement that is incorrect and based on myth ...
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Malpractice liability insurance will make me a target and I'll be named in a lawsuit.
When being named in a lawsuit, no one knows you have your own personal policy unless you have revealed this information. Only after a lawsuit is filed and only during the period of the discovery phase is this information available.
So, do you carry your own individual malpractice/liability insurance? In the end, the question of whether or not the Nurse should carry malpractice/liability insurance is a personal one and should be seriously considered.
The peace of mind knowing that you are covered is overwhelming.
Medical professionals are compensated for appearing at depositions (preliminary trials for recording testimony that may conflict with that given in court, at attorney's offices), court appearances, conferences, and any research they do. Nurses should expect nothing less (or more) than their hourly rate for that, and can bill the attorney and client on the side for which they appear. They should not bill for their time while working and receiving pay for that at the same time (duh, but some people have done that).
I haven't heard of any malpractise/negligence lawsuits that take years for a judgment.... so you shouldn't be without compensation very long, if you request being called by the legal party when the time for your testimony has almost (giving you time to get there, park, and find the courtroom) arrived. That is, spending days doing nothing (in most courts) is a thing of the past. Nowadays, courts give attorneys pagers, so they can be earning their pay, not sitting around reading stuff that has nothing to do with the trial, while waiting for a court room. (I used to tell my husband - a civil trial attorney about that possibility, decades before it actually happened - and it did, though it took much longer than it should have.) Clients are billed for time the attorneys take to get to court, at court, etc. A law firm that receives money from clients who are plaintiffs up front, should pay a nurse from that amount, in a timely manner, despite what the former hospital administrator, DougMSN,RN said in post # 132.
He was right about having your own insurance policy, but that is so that an attorney represents you, and keeps anything you might say in court from harming you. The hospital's attorneys work for the hospital, not the nurse. They know whose "pockets are deeper".
Hi! I wanted to know what insurance did you have that cost $67/yr. I looked through the links that were posted and haven't found one for that rate which I rather pay than anything over $100. If you remember could you please let me know? Thanks!
Hi! I wanted to know what insurance did you have that cost $67/yr. I looked through the links that were posted and haven't found one for that rate which I rather pay than anything over $100. If you remember could you please let me know? Thanks!
Just like auto or homeowner's insurance, typical premiums for professional liability coverage vary from state to state. The rates that you get offered will depend on (among other things) what state you're practicing in -- it doesn't matter how low or high premiums are in other states.
Elkpark and YaYa 21; That amount of $67. was many years ago, in CA; and hopefully I wrote about paying that in the past. I believe that "you (definitely) get what you pay for".
When comparing rates, do what you'd do when shopping for most things, compare the value of the thing, then the price. Auto insurance is another thing that varies a lot, but you have to compare apples with apples, and oranges would be the price.
Thanks everyone for educating me about medical malpractice insurance for nurses. As a new graduate nurse, I have learned so much from what you all had to say.
How big is the concern that nurses need the insurance? Are they really sued that often or are companies trying to scare nurses into the additional expense?
lamazeteacher
2,170 Posts
Medical professionals are compensated for appearing at depositions (preliminary trials for recording testimony that may conflict with that given in court, at attorney's offices), court appearances, conferences, and any research they do. Nurses should expect nothing less (or more) than their hourly rate for that, and can bill the attorney and client on the side for which they appear. They should not bill for their time while working and receiving pay for that at the same time (duh, but some people have done that).
I haven't heard of any malpractise/negligence lawsuits that take years for a judgment.... so you shouldn't be without compensation very long, if you request being called by the legal party when the time for your testimony has almost (giving you time to get there, park, and find the courtroom) arrived. That is, spending days doing nothing (in most courts) is a thing of the past. Nowadays, courts give attorneys pagers, so they can be earning their pay, not sitting around reading stuff that has nothing to do with the trial, while waiting for a court room. (I used to tell my husband - a civil trial attorney about that possibility, decades before it actually happened - and it did, though it took much longer than it should have.) Clients are billed for time the attorneys take to get to court, at court, etc. A law firm that receives money from clients who are plaintiffs up front, should pay a nurse from that amount, in a timely manner, despite what the former hospital administrator, DougMSN,RN said in post # 132.
He was right about having your own insurance policy, but that is so that an attorney represents you, and keeps anything you might say in court from harming you. The hospital's attorneys work for the hospital, not the nurse. They know whose "pockets are deeper".