Should I Have My Own Malpractice Insurance?

I know many people will disagree with me but I believe whether or not to have your own malpractice insurance is a personal choice.  Under the law, an employer is responsible for the actions of their employees if the action occurred within the scope of their practice.  This means that if your forgot to do something you were supposed to do or did something you should not have done within your scope of practice, your employer’s insurance policy will cover you.

The benefit of having your own malpractice insurance is that it gives you a right to have your own attorney.  If your state has any caps (limits on recovery) on malpractice cases, make sure your malpractice insurance will cover you with the state’s cap. Nursing malpractice insurance is relatively inexpensive.  However, it may be more expensive to be covered by your state’s cap.

It is also advisable to have your own attorney if the hospital’s interests are different than yours.  If your position was terminated over this incident or you feel like the hospital will not support you in the care that you provided, it is advisable to have your own attorney.  In any event, it is advisable to seek the advice of an attorney should you get named in a suit or be asked to have your deposition taken because your testimony will be under oath and it can be given to your state’s Nurse Licensing Board for further action if the Board deems necessary.

Speaking of the licensing Board, some nursing malpractice insurance companies provide a disciplinary defense benefit if you get called before the Board.  This is a great benefit but be aware that the policy may be a reimbursement one meaning you may need to pay the attorney up front.  Also sometimes the attorney’s hourly rate is higher than the hourly rate reimbursed by the insurance company.

The best defense is a strong offense.  By practicing defensive nursing care and charting thoroughly and being proactive with your care, it will save you a lot of time and trouble in the future.  After a long day it is difficult to have the energy to sit down and chart, but imagine picking up a chart two to three years after the malpractice occurred and trying to remember what happened.  I would challenge each one of you to pick up a chart on a patient you cared for six months ago and see how good your recollection is and see how well your notes protected you.