The Liability Shield Flashcards
Today, who are lawyers and patients going after more than ever?
rather than physicians, nurses. Many times NPs.
What are some statistics that were found from a study performed by CNA (nurse insurer)?
Looked only at claims > $10,000
Total claims amt: $137,221,576
60% of claims occurred in med-surg (avg claim - $114,139)
Jury awards highest for ob/gyn ($335,375)
Jury awards lowest for community/public health ($85,658)
What are some average payouts for different nurse violations?
Scope of practice - $970,000 Assessment - $637,500 Monitoring - $570,333 Treatment and care management - $260,168 Medication administration - $24,900
What are some average payouts for violations by location?
In-patient peri-natal - $275,323 Psychiatric-behavioral - $268,500 Hospital out-patient - $258,438 Dialysis - $233,333 Radiology - $231,250
What are some percentages of claims made due to specific injuries?
Death – 38.2% Infection/abscess/sepsis – 6.5% Birth-related brain damage – 5.7% Fracture – 5.5% Other brain damage – 5.3% … Appendicitis – 0.1%
What is the top issue that nurses are found liable for?
Failure to timely treat symptoms/illness/disease in
accordance with established standards/protocols/pathways
What are the most common covered claims by insurance?
Gerontology – 69.2%
Adult med-surg – 27.7%
Besides being seen as a “custodian” to the doctor, what else are professionals say on the contrary as well?
“While nurse-as-custodian claims continue to be asserted, plaintiff’s lawyers have now begun to pursue claims that focus on the nurse as a clinician, responsible for using professional judgment in the course of treatment.
In these claims, nurses are perceived as highly skilled and educated professionals who are charged with making clinical observations, exercising discretion and taking appropriate treatment actions based upon a patient’s changing clinical picture.” (CNA, pg. 35)
NEVER APPROPRIATE TO JUST CLAIM IT WAS A BAD ORDER
What are the two types of malpractice insurance policies?
Claims-made: covers only claims made at the time you are carrying the policy
Occurrence: covers claims made while the policy covered you whether or not you still carry the policy
What is the amount usually paid out per claim and per policy?
1,000,000:3,000,000
What are the limits to malpractice insurance?
All policies have caps - 1,000,000:3,000,000
All policies have exclusions - crimes (stealing, fraud, sexual assault) possibly covers criminal civil assault
All policies have dates of coverage limits - some cover 11 months not 12 CHECK THIS
All policies have notification requirements - must give notice if possible claim will be brought up or if one has been brought up
All policies have some obligation to provide legal services - HAVE TO PROVIDE SOME DEFENSE, DO NOT PAY FOR APPEAL
Policies are tailored to place of business - areas of work - switching work areas may not be covered, state multiple areas worked if so
What are some other questions to ask about insurance policy?
Do they cover work while not on clock, like volunteering?
Do they cover you while teaching classes?
Do they cover work on a hotline?
Is bundling liability insurance a recommended thing?
NO, often will draw from other policies in bundle and leave other areas dry of funds for insurnace.
Describe the insurer-insured relationship.
Remember: your insurance company wants to pay the least amount possible for a claim.
This may create a conflict if you believe you are innocent.
Your insurance company must represent you in good faith.
Must entertain good faith settlement offers.
NOT ALWAYS IN YOUR HANDS TO DECIDE HOW TO PROCEED WHETHER YOU TRULY BELIEVE YOU ARE TRULY INNOCENT OR NOT
What are some myths about liability insurnance?
My employer provides insurance coverage for me.
If I don’t carry insurance, no one will sue me.
No one sues nurses.
The hospital/agency will defend me - not in all cases, think assault cases
I didn’t do anything wrong, so I don’t have to worry.
I wasn’t directly involved so I won’t be sued.
Describe the employee/employer relationship of nurses and hospitals.
When a nurse is named as a defendant in a civil or criminal suit the nurse should know:
That the nurse-manager is an agent of the hospital (dont tell them crap)
Communications between nurse and nurse-manager are not protected
Communication between nurse and nurse-manager may be essential
The nurse-manager’s role is not to protect the nurse
If the hospital defends a nurse who is later found liable/guilty:
The hospital can see reimbursement from the nurse for the cost of defense, GET A LAWYER IN THE CASE OF BOTH HOSPITAL AND NURSE BEING DEFENDANT AS WELL AS ABOVE SITUATION
What are some current trends in malpractice insurnace?
Some states are making healthcare professionals purchase 2 levels of insurance
Nurse practitioners are increasingly becoming targets of malpractice suits
Nurse entrepreneurs are susceptible to a variety of lawsuits.
What is you violate the NPA? does insurnace cover you?
Some insurance policies will also provide disciplinary defense
Will provide an attorney to assist you with the State Board of Nursing
Will provide guidance and negotiate on your behalf
THIS INCLUDES ANSWER TO COMPLAINT
