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April 04, 2008

Don't Purchase Professional Liability Insurance; Just Find a New Employer

This appears in the March 2008 edition of the Nursing Focus, a publication of Indiana Board of Nursing.

See http://www.in.gov/pla/files/March2008.pdf.

Dear Nurse Attorney,

I am a LPN in a long-term care facility. Should I carry my
own insurance? – Uninsured LPN

Dear Uninsured LPN,

If the long-term care facility has insurance, then you will
be covered under that policy. In the state of Indiana, longterm
care facilities are not required to carry insurance.
Therefore, I would check with the facility to see if the facility
carries its own insurance. However, by having your
own insurance, it entitles you to your own attorney. Many
of the policies available for nurses do not come into effect
until the facility’s policy has been exhausted. If you have
concerns over the care rendered in your facility, rather
than risk a malpractice action and putting your license at
risk, seek employment elsewhere.

Lorie A. Brown, R.N., M.D., J.D.

*******************************************************

Lorie Brown is a Indiana licensed nurse attorney and the views expressed in the Indiana Board of Nursing Nursing Focus are of course her opinion.

In my opinion all nurses should consider purchasing their own individual professional liability insurance policy. The risks you face in nursing practice won't disappear when you seek employment elsewhere; there are inherent risks associated with the practice of nursing. The potential for liability exists because of nursing accountability and this won't change with your employment setting.

A professional liability insurance policy provides you with protection in the event you are named as a defendant in certain cases AND in the event a complaint is filed against your license with a Nursing Board or another regulatory agency (depending on the policy).

There is an excellent article about professional liability insurance in the Feb/March/April 08 publication of the Ohio Nurse, a publication of the Ohio Nurses Foundation. See http://www.in.gov/pla/files/March2008.pdf. Scroll down to the Ohio Nurses Association and click on the publication.

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