Get Nursing Malpractice Insurance

Should I Get Nursing Malpractice Insurance?

What is Nursing Malpractice Insurance?

Nursing malpractice insurance offers protection against many different types of lawsuits, as well as licensing or board of nursing complaints.

Nursing malpractice insurance often provides coverage for general liability, license defense, and protection against allegations of assault, battery, or sexual misconduct.

"General liability" or "professional liability" coverage refers to coverage that protects the nurse against allegations of negligence, or that the nurse injured a patient. For example, a patient who fell and sustained a fracture might sue a nurse for having failed to prevent the fall and fracture.  General liability coverage often applies in instances when a patient files a lawsuit against the nurse.

"License defense" or "licensure protection" is a different type of insurance coverage that protects the nurse against complaints filed with the board of nursing. The board complaint may or may not be related to patient care or patient injury. For example, the nurse might be reported to the board for failing to document medication administration properly.

There are other types of insurance coverage, but general liability and license defense coverage are the two most common types of nursing malpractice insurance coverage.

Employers and Malpractice Insurance

Employers often tell nurses not to get malpractice insurance. That is because employers have their own "general liability" insurance policies to protect themselves when a patient gets injured and files a lawsuit.

When a patient sues an employer for an injury caused by one of its nurses, the employer's general liability insurance policy will protect the nurse. This means that the nurse usually will not have to pay for her own attorney, or for anything relating to the lawsuit, settlement, or judgment that might result from the patient's lawsuit.

If a nurse has her own nursing malpractice insurance, the nurse is generally protected by two insurance policies (i.e. the employer's policy, and her own policy). The extra policy may or may not cause some patient's to sue the nurse individually to recover money from that second policy.

Should I Get Nursing Malpractice Insurance?

In most cases, a nurse should get her own malpractice insurance regardless of what her employer says.

Nursing malpractice insurance is very helpful to protect the nurse against allegations of patient injury, or for complaints filed with the Board of Nursing.

If your employer tells you not to get nursing malpractice insurance, ask your employer one simple question: Will you pay my legal fees if you report me to the Board of Nursing?

When a patient injury occurs, a nurse can be blamed.  An employer may protect itself  by firing the nurse. Employers often report nurses to the board of nursing, especially if a violation of policy results in patient injury.

If your employer reports you to the board of nursing, your employer's insurance will not pay for you to defend yourself. You will have to pay for your own legal fees, which can be expensive. Nursing malpractice insurance will cover your legal fees and give you the protection you need.

If you would like more information about nursing malpractice insurance, contact Cory Silkman, a nurse attorney in Maryland.

Cory Silkman, Esq.

License Defense Lawyer | Experience Matters

Cory Silkman is one of the most highly respected and sought after attorneys representing nurses before the Maryland Board of Nursing. He is known for his relentless advocacy and legal skill, and has a proven track record of success in handling both simple and complex cases. Mr. Silkman draws on his background as both an attorney and a registered nurse to fight aggressively on behalf of his clients and protect their legal interests.

Call 410-415-9158 today to discuss your case.
Cory Silkman is a Fellow of The American Association of Nurse Attorneys and handles all licensing board cases.
Cory Silkman is also a Member of the American Health Lawyers Association.

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