Malpractice Insurance: Rns' Necessary Shield?

Medical malpractice insurance is a type of professional liability insurance that covers individuals for mistakes made in their work. In the case of nurses, malpractice insurance covers them in the event that they cause accidental harm to a patient. Nurses can be sued for medical malpractice at any time, and while some nurses are covered under a medical malpractice insurance carrier, a significant number are not.

Nurses who are not covered by their employer's insurance policy may need to carry their own malpractice insurance. This is especially true for nurses who are not employees or are acting outside the scope of their employment, such as independent contractors, volunteers, students, and advanced practice nurses who operate their own clinics or practices.

Having individual malpractice insurance can provide peace of mind and protect against financial ruin in the event of a lawsuit. It can also offer greater protection than an employer's policy, as employer policies are primarily designed to protect the employer's interests and may not cover all the risks and costs associated with a lawsuit.

However, carrying individual malpractice insurance is a personal decision and may not be necessary for all nurses. Some nurses may be adequately covered by their employer's policy, and the cost of individual insurance may be a deterrent for others.

Nurses can be sued for malpractice

Nursing malpractice can take many forms, including failure to properly monitor and report on a patient's condition, improper use of medical equipment, failure to take fall precautions, and medication errors. The most common type of nursing malpractice is medication errors, which can have serious or life-threatening consequences for patients.

In the event of a malpractice lawsuit, there are several steps that a nurse should take to protect themselves and their practice. First, it is crucial to notify your supervisor and request an incident report form. Second, contact your insurer if you have personal insurance. This will provide you with advice on how to respond to the incident. The next step is to focus on the incident report, which alerts healthcare administrators to an event outside the facility's ordinary operations. It is important to only include facts in the report and maintain confidentiality.

Additionally, it is recommended to carry out commonsense steps to minimize the risk of a lawsuit. These include notifying your supervisor, requesting an incident report form, and contacting your insurer if you have personal insurance. It is also important to be aware of the different types of liability insurance available, such as claims-made and occurrence-based insurance coverage. Claims-made coverage will cover claims filed during the policy period, while occurrence-based coverage will cover you during the policy period regardless of when the claim is filed.

While it is not a pleasant topic to consider, it is important for nurses to be informed and prepared in the event of a malpractice lawsuit. By taking the appropriate steps and having the right insurance coverage, nurses can protect themselves and their practice.

Individual malpractice insurance provides peace of mind

Nurses provide critical care services to patients. If they make a mistake, it could cost the patient and the practice. While some nurses are covered by their employer's insurance, others carry their own policy. Individual malpractice insurance provides peace of mind for nurses who want to ensure they are protected in the event of a mistake.

Individual malpractice insurance can help nurses feel more secure in their positions. It can cover the cost of legal fees, medical damages, and punitive damages resulting from a malpractice claim. It can also protect nurses in the event of multiple instances of patient harm, including medical errors and problems stemming from improperly documented test results.

Additionally, individual malpractice insurance can provide coverage for allegations of negligence, failure to follow the Health Insurance Portability and Accountability Act, misrepresentation, and incorrect advice. It can also pay for loss of income due to attending trials or dispositions.

When deciding whether to purchase individual malpractice insurance, nurses should consider the pros and cons. The main deterrence is often the cost, as well as the complicated language and complex policies. However, the peace of mind that comes with knowing you are protected in the event of a mistake can be invaluable.

Ultimately, individual malpractice insurance can provide nurses with the security and peace of mind to focus on providing the best possible care to their patients.

Malpractice insurance covers legal fees

Malpractice insurance is a type of professional liability insurance that covers individuals for mistakes made in their work. In the case of nurses, malpractice insurance can protect them from claims brought against them by patients or their families. This is important because nurses provide critical care services, and even the smallest mistakes can cause horrific physical, emotional, or financial harm to a patient.

The average cost of a nurse's malpractice claim is $201,916, while the average malpractice lawsuit incurs $30,000 in defence costs, with some cases costing upwards of $100,000. Malpractice insurance covers legal fees like defence, judgement, and settlement costs, so it is an important way to protect oneself financially in the event of a lawsuit.

There are two main types of malpractice insurance policies: occurrence policies and claims-made policies. Occurrence policies cover incidents as long as they occurred while the policy was active, regardless of when a claim is made. On the other hand, claims-made policies only cover claims made during the term of the policy for accidents that happened during that term.

When deciding whether to get malpractice insurance, nurses should consider the pros and cons. One of the main deterrents to getting malpractice insurance is the cost. Additionally, the language of insurance policies can be complicated, and there may be gaps in coverage. However, malpractice insurance can provide peace of mind and protect nurses from financial ruin in the event of a lawsuit.

In conclusion, malpractice insurance covers legal fees and is an important tool for managing potential claims. Nurses should carefully consider their options and decide whether malpractice insurance is right for them.

Employer's insurance may not be enough

Employers Insurance May Not Be Enough

While some nurses rely on their employer's insurance coverage, this may not be sufficient to protect them in the event of a malpractice lawsuit. There are several reasons why relying solely on an employer's policy may put nurses at risk:

• Employers Prioritise Their Own Interests: Employer insurance policies are primarily designed to protect the interests of the employer, not the individual nurse. In the event of a lawsuit, the employer's attorney will represent their interests, which may conflict with those of the nurse.
• Limited Liability Coverage: Nurses covered only by their employer's insurance share liability limits with other defendants on the same policy. This means that legal costs and settlement amounts may exceed the shared liability limits, resulting in out-of-pocket expenses for the nurse.
• Lack of Coverage After Job Termination: Employer insurance policies typically do not remain effective after a nurse leaves their job. This leaves the nurse without coverage for any potential lawsuits arising from their previous employment.
• Inadequate Coverage for Certain Types of Employment: Part-time, contractual, or agency nurses may not receive the same level of coverage as full-time nurses under their employer's policy.
• Exclusion of Personal Fees: In some cases, employer insurance policies do not cover the personal fees incurred by a nurse during a lawsuit, leaving them financially vulnerable.
• Potential for Employer Counter-Suit: In rare cases, employers may file a lawsuit against a nurse if they believe the nurse's actions caused harm to a patient. In such instances, the employer's policy will not provide protection for the nurse.
• Lack of Transparency: Employers may not disclose the exact clauses and limitations of their insurance coverage, leaving nurses uncertain about the extent of their protection.
• Coverage Limitations: Employer policies may not cover all types of claims or incidents. For example, they may not include legal fees, actions brought by the state board of nursing, information privacy actions, or property damage.

Given these limitations, nurses should carefully consider their options and not assume that their employer's insurance policy will provide adequate protection in the event of a malpractice lawsuit. Individual malpractice insurance can provide added protection and peace of mind, ensuring that nurses have their own legal representation and coverage that aligns with their specific needs and interests.

Nurses can be sued outside their workplace

Nurses can be sued for malpractice when they make errors that cause harm to a patient. However, this does not only apply to their actions within a hospital or medical setting. Nurses can be sued for malpractice outside their workplace if their actions, or inactions, cause harm to a patient.

Nurses have a duty of care to their patients, and this extends beyond the hospital walls. For example, if a nurse fails to inform a patient's physician about a significant change in the patient's health, and the patient suffers harm as a result, the nurse could be held liable for malpractice. In one case, a nurse made a note that a patient had vomited during the night but did not call the doctor. The patient died the next day of "pneumonia as a result of aspiration", and the nurse's negligence was found to have caused the patient's death.

Nurses can also be sued for malpractice if they fail to follow a physician's orders or fail to carry out their medical duties, even if they are outside the hospital. For instance, if a nurse fails to help a patient out of bed or to the bathroom, and the patient falls and injures themselves, the nurse could be held liable.

In addition, nurses can be sued for incorrect advice or misrepresentation, which can occur outside the workplace. If a nurse provides incorrect advice or misrepresents information, and a patient suffers harm as a result, the nurse may be sued for malpractice.

It is important to note that nurses are often covered by their employer's malpractice insurance, but this may not always be sufficient. Some nurses choose to carry their own personal liability insurance to ensure they are protected in the event of a malpractice lawsuit.

While it is beneficial for nurses to have personal liability insurance, it may not be the best choice for everyone due to the cost and complexity of policies. Ultimately, the decision to carry personal liability insurance is a personal one, and nurses should consider their own circumstances and level of risk when making this decision.

Frequently asked questions