To Have or Not to Have Malpractice/Liability Insurance (Page 35)

Barbara Forshier, RN, BSN, JD

Barb Forshier, RN, JD
MNA Member

MNA Member

 

Editor’s Note:  The Author is an Attorney for Nurses

 

Nurses frequently ask me whether or not they should have their own professional liability insurance. The answer is yes, you should carry your own insurance. You insure your home, your car, your health, why would you not insure your ability to practice your profession, your livelihood? Some nurses “have heard” that if you carry malpractice insurance you are more likely to be sued in a medical malpractice case. This is not true.

Now, you may ask, what about my employer, don’t they cover me? The answer is yes and no. The employer covers you for negligence that happened while you were on the clock for them. However, the employer will be looking out first for their best interests, not yours. Your employer does NOT cover you if you are summoned to appear before the Minnesota Board of Nursing.

Most often, nurses are called before their professional licensing Board as a result of a disciplinary suspension, termination or resignation in lieu of a termination by their employer. Professional malpractice insurance, through Nurses Service Organization (NSO), for instance will pay up to $25,000 for a Board of Nursing inquiry of a covered incident (attorney’s fees, travel, expenses). That money will help you hire an attorney to defend you before the Board of Nursing (never go alone!). According to data cited in the NSO 2015 report, hospital-employed nurses account for 60 percent of the professional licensure claims. Also, note that license defense claims had increased by 15.4 percent between 2011 and 2015, the last year of this report. Florida nursing home lawyers have a long history of success in some of the most complicated cases of this kind.

Most nurses I have defended before the Board of Nursing do not have their own insurance. The average claim cited by NSO claims report in 2015 was around $4,000 for license defense. The result of the disciplinary hearing, however, is often less than optimal. When that is the case, the nurse must appeal the outcome by bringing the case forward to a Contested Case Hearing, a trial-like proceeding requiring more time and expense. If the nurse cannot afford the cost of a trial he/she will be forced to live with the consequences of an unjust result (there is no expungement of public professional disciplinary records). Many times nurse discipline is decided by a public member of the Minnesota Board of Nursing – a non-nurse!

So, insure your right to practice your profession. Invest in insurance.

Barbara Forshier, RN, BSN, JD

MNA Member

 

Editor’s Note:  The Author is an Attorney for Nurses

 

Nurses frequently ask me whether or not they should have their own professional liability insurance. The answer is yes, you should carry your own insurance. You insure your home, your car, your health, why would you not insure your ability to practice your profession, your livelihood? Some nurses “have heard” that if you carry malpractice insurance you are more likely to be sued in a medical malpractice case. This is not true.

Now, you may ask, what about my employer, don’t they cover me?
… Read more about: To Have or Not to Have Malpractice/Liability Insurance  »

By Jackie Russell

MNA Nursing Practice and Regulatory Affairs Specialist

MNA offers nurses many opportunities to expand your patient advocacy beyond the bedside by getting involved in your union at the bargaining unit, state, and national levels.

You can also speak up for patients in the public arena. MNA provides many avenues for you to help candidates who support nurse issues, and influence public policy through contacting your elected officials, participating in events like the Feb. 11-12 Day on the Hill, and testifying at hearings.

There’s another opportunity for nurses to advocate: serve on an advisory state board or commission involved in nursing or healthcare issues.
… Read more about: Another way to advocate for your patients and the nursing profession  »

big pharma

By Tara Fugate

MNA Strategic Researcher

The vast majority of hospitals in Minnesota operate as not-for-profit organizations, which means they are exempt from most local, state, and federal taxes. This privileged tax status is meant to be an acknowledgement of the “community benefits” they provide. However, the definition of community benefit is loose, and guidelines on appropriate levels of community benefit spending are sparse both federally and at the state level.

In Minnesota, there is no law that specifically requires not-for-profit hospitals to provide measurable community benefits.[1] There is, however, a state level reporting requirement on community benefit spending that has existed since 2007.
… Read more about: What is Community Benefit Spending And Why Does It Matter for Not-For-Profit Hospitals?  »

By Becky Nelson, RN

MNA Member

 

Our lives can change in just one day: My life changed the day I married my college sweetheart, the day I moved into my dream house, the day I passed my boards and became a nurse, and the days I gave birth to my beautiful children.

 

My life also changed the day we lost our home in Hurricane Katrina, the day my husband got laid off a week after our second child was born, and the day I learned that my mother has stage IV cancer. That was the same day I was told her treatment would cost $10,000 a month.
… Read more about: Who We Elect Matters  »

By Megan Gavin

MNA Education Specialist

 

Here in Minnesota we are rightly focused on the elections that will decide the direction of our state for decades to come. We are working hard to elect pro-union leaders who will protect the right to collectively bargain contracts. In Minnesota and across the country, healthcare has become the number one issue for voters.  Costs continue to skyrocket; high deductible insurance plans drain more and more of individual families’ hard-earned money; and politicians continue to threaten protections for pre-existing conditions. The state of healthcare is not sustainable, and we need to demand change that puts the patients at the center.
… Read more about: Call ALL your friends in Massachusetts and tell them to Vote Yes on Question 1!  »

The Minnesota Nurses Association vehemently condemns the series of violent, hate-fueled attacks across the nation this weekend. We grieve for the dead, the wounded, their loved ones, and their communities in mourning. No one should be forced to live in fear because of the color of our skin, their nation of origin, or their faith. Hatred and violence cannot have a place in America, and nurses are committed to working together with our partners, allies, and communities to put a stop to the hate and violence that is becoming all too commonplace in our state and our nation. We call on our elected leaders, regardless of affiliation, to stand with us as we work together to build a better future.
… Read more about: Minnesota Nurses Association condemns recent acts of violence across the U.S.  »

By Katie Gjertson

MNA Political Coordinator

 

It is a difficult time to be an apolitical TV watcher this time of year. Our TV and airwaves are flooded with unprecedented levels of political advertising and negativity seems to be at its peak. To lighten things up, I am sharing the best ads I’ve seen across the country that inspire and delight.

An important note that the Minnesota Nurses Association does not endorse any of these candidates.

Click to go to video

 “Do It for Gerald’s Family”

In this ad, family members make an earnest plea for voters to send Travis County Commissioner in Texas back to work.
… Read more about: Now for Something Completely Different: Inspiring and Delightful Political Ads  »

By Julie Anderson, RN

Governmental Affairs Commissioner

 

There is a lot at stake in the upcoming midterm elections. Like many other nurses, I was excited to find out that a fellow nurse and an inspiring leader, Erin Murphy, was running for governor. I thrusted myself into the campaign and volunteered with the Nurses for Erin campaign. I did phonebanks, door knocks, attended meetings, had face to face interactions, attended the DFL convention as a delegate, and, of course, I voted for Erin for Minnesota governor in the primaries. After the primary went the other way without Erin Murphy representing the DFL on the ballot, I suddenly found myself asking “what now?” I realized, though, that my work was far from over.
… Read more about: Newly Political Nurse Now Permanently Active  »

From the MNA Board of Directors

Q. Why are we taking this vote?

A: National Nurses United members are expected to vote to change their dues structure to reduce the dues MNA now pays by 50 percent at their House of Delegates this coming weekend. MNA’s bylaws require an all-member vote and set a very specific process for issues involving dues, which your Board of Directors is complying with. This process can only be changed by the MNA House of Delegates.

Q: How will this affect the dues I pay to MNA?

A: If a majority of members vote in favor of simplifying the dues structure, your total monthly dues will not change.
… Read more about: Dues Structure Vote Q&A  »

By Becky VonBank

MNA Member

 

As a nurse, many of us have a nurturing ability within us. During my years of nursing, I found that when I shared my acquired knowledge with others, I supported my colleagues’ growth. My passion to learn became deeper, my professional practice became stronger, and patients and their families received better care.

 

I returned to Creighton University in Omaha to achieve a higher level of autonomy in the nursing practice, support my passion for lifelong learning, and gain more knowledge to share with others. I will graduate in May 2019 with my Acute and Primary Care Pediatric Nurse Practitioner, which might not have happened without receiving an MNA Scholarship. 
… Read more about: Scholarship Fund Supports Two New Nurses  »