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October 08, 2007

Are You a Perfect Nurse?

I received this comment today from a nurse:

I carry malpractice ins. against the advice of most all my RN co-workers. I believe in it.....but I was sad to hear Susie Orman on her show this past Saturday night tell a nurse, that private malpractice insurance was NOT necessary, as long as the nurse was covered under her employer & the nurse followed all policies perfectly. Thoughts?

Thank you for contacting me. I don't follow the Susie Orman show. All licensed professionals need liability insurance insurance, especially licensed healthcare professionals.

A healthcare facility insurance policy is meant to protect the facility and it may cover you as a employee of the facility. Do you have a copy of employer's liability insurance policies? Are you provided with a copy of your employer's liability insurance policy(ies) whenever changes are made to the policy? Of course not, because the policy is not meant to protect you, its meant to protect the facility.

Also I don't know of any perfect nurses who follow all policies perfectly and who practice in a perfect nursing work environment. Nurses are held to an ideal of perfection and angelic like behavior which is unrealistic.

All nurses should consider having their own professional liability insurance policy written by a major insurer that insures nurses and licensed healthcare professionals. See www.nso.com  and www.proliability.com.

Your own professional liability insurance policy will protect you in the event you are named as defendant in medical malpractice case and in the event a complaint is filed against your license with the Board of Nursing or another regulatory board. Your employer's insurance will not assist you in defending your license. Why? Most of the time its the employer reporting the nurse to the Board of Nursing and the policy is written to protect the facility.

Considering the majority of nurses practice in mandatory reporting states (see  https://www.ncsbn.org/Discipline(1).pdf at page 29) i.e. employers are required to report suspected or alleged violations of the Nurse Practice Act and/or Board of Nursing regulations to the Board of Nursing, it makes since that all NURSES consider purchasing his or her own professional liability insurance.

Most nurses don't have professional liability insurance which I think is the reason why most nurses don't retain legal counsel in Board of Nursing disciplinary investigations. Professional liability insurance for nurses is inexpensive and I pay less than $100 a year for my professional liability insurance that covers my nursing practice (as a home health RN) and my consulting practice. I have another policy that covers my law practice.

Also I can tell you as a licensure defense attorney who has represented nurses who work in a variety of settings from hospitals to home care to independent practice to nursing homes, employers don't operate from a "let's do what's best for the nurse or our nursing employees" point of view; Business decisions and judgments are made and fairness is in the eye of the beholder.  Its your role to be your own risk manager and protect your license and livelihood. Professional liability insurance should be part and parcel of your portfolio as a professional.

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