You Need Something More Than an Employer’s Policy. It can even cover a nurse during retirement. Medical Malpractice Attorneys Examine the Pros and Cons of Litigation 09/21/2011 by Angela Leone Leave a Comment Recently, there has been much debate over medical malpractice lawsuits and the potential need for tort reform across the United States. Should Nurses Consider Medical Malpractice Insurance, Too? Title: K:Fla Nursing Law ManualCh-7 Nursing Liability Insurance-revised.rtf Author: Owner Created Date: 12/26/2008 8:49:42 PM Many argue that the employer’s policy covers the nurses against medical liability as well. As mentioned, an employer’s policy, first and foremost, protects the interests of your employer. If you are grossly responsible for the plaintiff’s suffering and if he/she is awarded a settlement, your employer’s policy may not be enough to pay the damages and you may have to pay the compensation fully or partially. Contact your web host and ask them to enable imagepng for PHP. That said, the actual cost of your policy will depend on a number of factors, including your years of experience, education, state(s) in which you work, and time spent on the job. Having your own liability insurance therefore ensures a peace of mind as you won’t be stripped of your personal savings and belongings even if you were responsible for the said medical malpractice. ERROR: si-captcha.php plugin: GD image support not detected in PHP! If you take all of these factors into consideration during your decision-making process, then you will make the best decision you possibly can for you! Malpractice insurance may not be a sure bet for OH nurses. Unbiased analysis of their effect, however, is in short supply. Like any other type of optional insurance, nursing malpractice insurance can be very appropriate for some people, and a total waste of money for others. Many nurses never consider buying individual insurance because they have been assured that the health care system they are employed by will come to their aid. They say that I would be covered under my facility's nursing insurance and lawyer in the event of a malpractice suit involving me and … Nurses have a substantially larger risk of being investigated and disciplined by their licensing boards than do physicians. The topic of professional liability insurance has many pros and cons depending on with whom you speak. Although many nurses in the United States are covered under a medical malpractice insurance carrier, a significant number of nurses are not. When you need professional liability insurance there is a very simple solution. Although having your own individual liability insurance has its own advantages, a significant number of nurses still shy away from carrying one. Save my name, email, and website in this browser for the next time I comment. However, you need to understand that these policies are created to protect and fit the specific needs of your employers first. • You don’t need your own insurance because your Unless we control the malpractice insurance costs, things will get worse. This may result in minor to severe injury or even death of the patients in some cases. I am an RN who recently returned to work at a surgical center. The Verdict? Back to school tips for parents supporting home learners Many pros and cons to consider for professional liability insurance. Medical malpractice can be defined as a wrongful act by a physician, nurse, or other medical professional in the administration of treatment, or the omission of a needed and reasonable medical treatment. This is especially applicable for nurses working in critical units and specialty areas. But before that, let’s discuss what medical malpractice is and how it can affect your career. Your Experience with Coronavirus (COVID-19) Matters, Reducing Health Disparities in Underserved Communities, © 2020 Springer Publishing Company | Privacy Policy, Rachel Oliver is a freelance writer from Florida, who loves to write about topics like personal injury law, automobile accidents law, and medical negligence law. If you’re considering different medical malpractice insurance options, you might wonder about occurrence vs. claims made malpractice insurance. Liability Insurance for Nurses As a nurse, you work hard in your career and the care and treatment of your patients. It can be a complex comparison to understand, but it’s vital to become familiar with it so you can make the best choice when it comes to purchasing an insurance policy. But the truth is that a nurse can be sued for medical malpractice at any time. Pros to Having Nursing Malpractice Insurance: Firstly, it is important to understand what malpractice insurance offers that the health care system’s lawyers do not. Cons, Big Cons and Medical Malpractice Reform The argument for medical malpractice reform centers around the high costs of medical malpractice insurance premiums associated with frivolous lawsuits. Nursing insurance would most likely be a waste of money for you, because you should already know all of the protocols like the back of your hand. Occurrence-based coverage helps cover any incident that occurs no matter where you work, or even if you are working. Nurses and nurse practitioners benefit from malpractice insurance — and in many cases, such a policy may be very affordable if there is already coverage under an employer’s policy. Many within the medical community overlook the possibility of nursing malpractice insurance. Springhouse Corporation; Springhouse, PA. 2001: 161. Why? Carrying your own medical malpractice insurance provides an added protection. What is Medical Malpractice and How Does It Affect a Nurse? Medical malpractice cases involving nurses can really get complicated, as they are usually the primary care providers for patients in hospitals. Most nurses who rely on employer coverage alone have never seen the policy or asked about the scope of coverage. Professional liability insurance typically pays for a defense attorney and any settlement or judgment against the nurse, up to the policy limits. Currently, she is writing on behalf of a civil trial attorney, Christopher Jayson, Founder at, Sign up now to get your free digital subscription to, JFSW Law - Tampa Medical Malpractice Lawyer, Workplace Health and Safety Tips for Nurses. MYTH: You don’t need your own insurance because your employer’s policy covers you. Even though they’re covering the burden of the cost, you still have to muster up a huge amount of money. There are again certain types of employment such as contractual jobs, part-time, or agency employment where you are not entitled to receive a similar kind of coverage enjoyed by a full-time nurse. This will only be revealed after the plaintiff had filed a lawsuit against you. In addition, the plaintiff needs to prove that the damage caused to the patient is directly related to this negligence or breach of duty. It is important to consider your personality, financial situation, experience as a nurse, experience within the specific type of unit, etc. A.M. Best, which rates insurers’ creditworthiness for banks, says premiums represent 0.45% of national health care expenditures; Towers Perrin, an insurance consulting firm, says 1.5%. Against this backdrop, malpractice premiums are at a per-physician thirty-year low. If $100 can get you 10,000 times more coverage, and the insurance company is still profiting, it means that at the absolute maximum, 1 in 10,000 insured nurses benefits from their insurance. The policy provides professional liability insurance coverage for the business entity named on the certificate of insurance and any of the employees of the business entity, provided they are a ratable profession within our program. 2”Nurse Professional Liability Exposures: 2015 Claim Report Update,” NSO, CNA, www.nso.com, 2015. In addition, having malpractice insurance ensures that the lawyers on the case are representing you, and not the health care system that employs you. Attorneys are likely to keep our name as a defendant(s) if they are aware of the fact that you have insurance coverage to pay for the settlements. While it’s true that nursing malpractice insurance isn’t for everyone, it is foolish to dismiss it without genuine consideration. Only one that I know of had a judgment against him, but it was still very costly and time consuming for nurses to defend themselves. Many nurses choose not to carry malpractice insurance because they believe that it’s paying $100 per year for no real benefit. It also, depending on the policy, will often cover licensure defense, if the nurse is reported to the board of nursing. Even if the allegations are unfounded, it can seriously damage your reputation. Nurses and physicians are not interchangeable parts regarding liability exposure, yet nurses are frequently given false or misleading information about malpractice risks and the need for professional liability insurance. How will the potential plaintiff know if you are covered under an individual malpractice insurance, unless of course you inform them voluntarily? Because it’s not talked about, many incoming new nurses assume that none of their peers have personal insurance, and never consider it for themselves. Drawbacks to Nursing Malpractice Insurance: As was previously stated, most nursing malpractice insurance policies offer about $1,000,000 for about $100 per year. Since that time, there has been a consistent ebb and flow of debate about the pros and cons of medical malpractice reform, with some arguing in favor of alternatives. 3Between 2011-2015 there were 3,498 nurses malpractice claims reported to the federal government versus 113,607 licensure disciplinary actions. In certain states, school nurses also may be protected by the … Many nurses never consider buying individual insurance because they have been assured that the health care system they are employed by will come to their aid. • If you have your own insurance, you’re more likely to get sued. Like any other type of optional insurance, nursing malpractice insurance can be very appropriate for some people. They usually give a myriad of reasons for going without—and most of them are basically myths. What are the pros and cons of this arrangement, including issues related to professional liability, workers compensation and taxes? However, most of my coworkers are uninsured and question why I even have it. Beyond this basic coverage is professional liability coverage. There have been some well-publicized doctor strikes to protest malpractice insurance costs that amount to as much as $200,000 per year, depending on specialty. A person (the doctor, nurse, care provider, or any other medical professional) who is responsible for a duty of care, Bodily damage (including injury and/or death) of the patient due to the lack of appropriate care. Many nurses feel that with the ANA code of ethics, their training, their experience, and finally the hospital’s lawyers as a last resort, that they are plenty safe. Ruth. Pros One of the pros is that the insurance covers personally for a nurse an area where most organizations don’t. A question I frequently get asked from student pharmacists and my fellow New Practitioners alike is “Should I carry my own liability insurance?” In this article, I will highlight areas where professional liability is necessary, and the pros and cons of carrying it. Some insurance will also cover your time lost from work and will also pay for your lodging and meals. If you are confident in your actions, abilities, and training, then it may be foolish to purchase this insurance. Medical malpractice is defined as the professional negligence or wrongful act or omission by any health care provider (including a physician, surgeon, nurse, and other medical professionals) due to which the treatment falls below the accepted medical standard. However, it is still important for nurses to get individual medical malpractice insurance as a large number of medical complaints are being filed against these health care providers with the Board of Nurses (BON). If you need a reminder why professional liability insurance is important, just spend a couple of minutes with a commercial insurance agent who will be happy to regale you with anecdotes of the horrors of practicing uninsured. ERROR: si-captcha.php plugin: imagepng function not detected in PHP! Chances are, they aren’t telling you that your employer wants their attorney to represent you in case of a medical malpractice lawsuit. That is an extremely large amount of coverage for such a little sum of money. Whenever we think of medical lawsuits and malpractice insurance, we normally imagine surgeons and anesthesiologists paying a tiny percentage of their massive salaries to protect themselves against a possible negative outcome. There are two general holes in that theory: one caveat to the health care system’s lawyers is that they are lawyers on behalf of the hospital, not the nurses. 1“Common Questions About Medical Malpractice Insurance,” NSO, www.nso.com, 2012. Contact your web host and ask them to enable GD image support for PHP. Failing to fight the BON only means to agree to whatever restrictions they pose on their license. Adapted from Moreau D., ed: Nurse Practitioner’s Legal Reference. When you have your own policy, it ensures that you will have your personal attorney representation who will be working to protect your best interests and specific needs. The second limitation to trusting the health care system to protect you is that they often have maximums. This, however, holds no logical implications. An individual malpractice insurance policy provides peace of mind and protects against the financial ruin that can result from being sued. My FNP liability insurance … ** To any nurses who have never considered insuring themselves or remain undecided, it is important to gauge how vulnerable or safe you feel without insurance, how safe you would feel with malpractice insurance, and if the cost is worth it for your individual financial situation. In some cases, the employer’s policy does not cover your personal fees. There are pros and cons of having individual professional liability insurance. Adult/Family Nurse Practitioner Wright & Associates Family Healthcare Amherst, New Hampshire Objectives •Upon completion of this lecture, the participant will be able to: –Discuss the essential components of a malpractice suit –Identify 10 techniques to prevent a malpractice claim –Discuss pros and cons of an individual malpractice policy I have been working as an RN for a few years now, and in that time I have always held nursing insurance, discounted through my membership with my state nursing association. According to a combined report from CNA Insurance and Nurses Service Organization, there were “10,639 reported adverse incidents and claims” closed between January 1, 2010 and December 31, 2014. Nurses who are covered only by their employer’s insurance share their liability limits with other defendants who are also protected under the same policy. Your email address will not be published. Insurance companies are a business, and businesses function to make money. Their names were often dropped out of a lawsuit as they lacked the deep pockets unlike surgeons, physicians, and hospitals. But Nurses Are Still Uninsured Although many nurses in the United States are covered under a medical malpractice insurance carrier, a significant number of nurses are not. Nursing malpractice insurance overcomes both of these barriers, and for a very low cost. This means your legal costs (which also includes the settlement amount) are likely to surpass the shared liability limits specified under your employer’s policy, if you face a legal suit. Tips to Reignite Your Passion for Nursing, The Best Foods to Disguise Crushed Meds In. Your own individual insurance covers you beyond the limits of your employer provided plan. So before you decide to solely depend on your employer’s policy, at least be sure about the kind of coverage to which you are entitled. Whether you're self-employed, work for someone else or own a business or staffing agency, the Professional Liability Insurance offered through Nurses Service Organization (NSO) is pleased to offer an array of quality insurance products designed to fit your needs. Is money tight or do you have a little bit of a cushion? • You can be sued only if you make a mistake. Some general comments can be made here, but the decision to carry your own professional liability insurance is one you will need to make yourself. A nurse practitioner (NP) writes: "My collaborative MD believes that I should not need more liability insurance than his rider. Most organizations cover for themselves and not the actions of a nurse which might leave nurses exposed to financial burdens if a lawsuit is filed. When looking for private malpractice insurance, nurses should select a policy that includes occurrence-based coverage as well as claims-made coverage. Not having insurance did not protect them. Maintaining your own malpractice insurance is definitely another way to avoid personal devastation should you be named in a malpractice case. Most nurses are able to get $1,000,000 of coverage for the price of about $100 per year. Types of Reforms The debate over medical malpractice reform typically takes place between two different groups of people: patient advocates and physician organizations. If it is deemed that you as a nurse made a mistake that didn’t follow the exact correct procedure, the hospital can distance itself from representing you and the case in general, protect their funds and reputations, and leave you defenseless against a massive lawsuit. A malpractice case typically has three defining factors. If you are a nurse, chances are this question has crossed your mind all too often. Many within the medical community overlook the possibility of nursing malpractice insurance. MANY MYTHS surround professional liability insur-ance for nurses, also known as nursing malpractice insurance. Nurses in all fields face a dilemma when considering professional liability insurance, and occupational health nurses may have a few additional issues to consider. Let’s see why you should consider having nurses’ liability insurance just like any other medical professionals. But the truth is that a nurse can be sued for medical malpractice at any time. Besides, there are certain limits of liability applicable to malpractice insurance policies. Blog. For example, many believe that carrying a medical malpractice insurance will further increase their risk of being sued. Here are a few: • Only physicians get sued for malpractice. “A lot of myths keep nurses from getting malpractice insurance,” Mackay added. Worst still, it may drain all your saving as well as future earnings. These are: To win a medical malpractice case, the plaintiff must prove that the health care provider failed to provide the accepted standard of medical care and there has been a breach of duty. Having your own policy not only covers you but also provides peace of mind during the most stressful times of your professional life. Source: Nurse Professional Liability Exposures: 2015 Claim Report Update, CNA and NSO. Nurse malpractice insurance typically starts at around $68 per year. Sales trends: 10 ways to prepare for the future of sales; Sept. 16, 2020. Sept. 17, 2020. Such incidents are not unheard of, and your employer’s policy will be terminated in such cases. To support this argument, there was first the creation of the myth of frivolous medical malpractice lawsuits . In a brief summary, the ANA code of ethics basically states that as long as nurses are acting with beneficence and non-malfeasance to promote the health of wellness of their patients, then they are not personally responsible for any unpredictable negative outcomes; though of course it’s not as black and white as that. The reasons for professional liability insurance are woven into the fabric of most professions. Questions on Malpractice Insurance. Carolyn Buppert, attorney and former nurse practitioner, discusses the pros and cons of the two types of insurance policies for nurse practitioners. Because it is their attorney who will work for their best interests (and not yours). In addition, many nurses believe that they follow the proper procedures and always act in accordance with the ANA code of ethics. Checking with your nurse practitioner colleagues would be a good initial resource to explore. Even if the allegations are unfounded, it … Pros to Having Nursing Malpractice Insurance: Firstly, it is important to understand what malpractice insurance offers that the health care system’s lawyers do not. Each school nurse should also understand the various types of insurance policies available and how an individual policy is affected by coverage provided through the school district policy or self-insurance program. The report analyzed and reviewed 549 nurse closed claims, out of which 88.5% were registered nurses, while the remaining 11.5% were licensed practical nurses and licensed vocational nurses. Insurance will cover the lawyers fees and lost wages. Not having an individual liability insurance has benefited nurses in the past. Then again, are you a very organized person, or are you the type of person that whirlwinds around the floor in a chaotic fashion? We already are facing a major shortage of medical professionals. With today's high costs of a lawsuit, professional liability insurance is a must for all healthcare providers. When deciding if nursing malpractice insurance is worth investing in for yourself, it is important to weigh all the pros and cons out with your personal financial situation. But counting solely on your employer's program may not provide all the coverage you need. Maybe it would be a good idea to consider $100 to invest into yourself as a new nurse. Conversely, are you a nurse with years of experience within your current unity? I've talked to several lawyers who have handled cases of malpractice against nurses. Also, it is more than likely that your employer didn’t disclose the exact clause of the insurance coverage. Though it is clear that an OH nurse must have insurance to cover malpractice, you may have to consider a … Basic liability insurance provides a layer of protection that normally covers an individual for personal, bodily and property damage in the case of flawed workmanship (Joel, 2013). I found out they do not treat RNs as employees, but as independent contractors who are given a 1099 at the end of the year. Besides, your individual medical malpractice insurance covers legal fees and expenses that you need to incur when fighting against the BON. Moreover, your employer’s policy not only fails to cover the total award but also doesn’t remain effective after job termination. If you are getting sued as a nurse for $800,000, and the hospital covers 90% of the cost and you get to keep your nursing license (best case scenario), you still would owe $80,000 out of pocket. At times, it may even result to out-of-pocket expenses. The Nurse Practitioner: 2005 - Volume 30 - Issue - p 21 So if you have been told that your employer’s policy will suffice in case of a medical malpractice lawsuit, it is only a fabricated truth. Are you a new nurse who maybe doesn’t have tons of experience yet, but does cherish your nursing license? Worst still, your employer too may file a lawsuit against you if they think it was your faulty actions that caused the patient harm. While nurses work hard and you may believe being professional and good at your job may protect you, the reality is that false claims are made and anyone can make an error. A disciplinary action or malpractice lawsuit can have unforeseen consequences on both your career and financial future. Nursing malpractice insurance is not something that is frequently talked about in hospitals, and it is likely that you don’t know which of your colleagues are and aren’t insured. Like any other type of insurance, health care systems have certain deductibles through which they protect their staff. That said, you cannot overrule the fact that having an individual malpractice insurance will increase your chances of being in a lawsuit. However, unlike surgeons and physicians, not all nurses carry nursing liability insurance as many of them largely depend on employer’s policies without realizing that it isn’t always enough. Word of mouth plays a major role in how people make different purchasing decisions throughout their lives. Everyone, it … I 've talked to several lawyers who have cases... Complicated, as they are usually the primary care providers for patients in.. Of the insurance covers personally for a nurse practitioner ( NP ) writes: `` my collaborative MD that. 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