The Complete Guide to Nurse Malpractice Insurance

Nurses provide patient care in a variety of settings, including hospitals, clinics and private homes. Playing a significant role in patient monitoring, they administer prescribed medication, record accurate data, and educate both the patient and their family about any conditions that arise.

When things go wrong for nurses, they face immense risks. That’s why nurse malpractice insurance coverage is essential for so many healthcare professionals.

What Is nursing malpractice insurance?

Nursing malpractice insurance (also known as Professional Liability insurance) protects nurses against legal claims related to their professional duties, covering legal costs and judgments should a patient allege that an error has caused injury, illness, or worse.

Legal issues can arise from even minor errors or misunderstandings. Nursing malpractice insurance provides financial protection and peace of mind for nurses, so they can work with less worry.

What does nursing malpractice insurance cover?

Malpractice policies for nurses typically cover:

• Negligence/failure to provide appropriate health care claims
• Errors in documentation or medication administration care
• Legal fees incurred while defending against a claim (whether or not it has merit)
• Settlement or Judgment Costs on license board investigations or claims

Employer-provided coverage vs individual policy

Nurses often believe their employers’ malpractice insurance will fully cover them. While such coverage can be helpful, it may still have limitations.

Employer-provided coverage protects you only while working for that employer. Their interests come before yours, and coverage ends when you leave that job. On the other hand, individual malpractice insurance follows you, not your employer—an important consideration for independent nurses or those who provide volunteer nursing services. It may give access to an attorney of your choosing.

You should carefully compare it with a personal policy to determine which one best suits your needs.

What is the standard of care in nursing?

In nursing malpractice cases, “standards of care” are frequently referenced. This refers to the level and type of skill an appropriately competent nurse would use under similar or identical conditions. Nurses could be found negligent if they misbehave or perform an action incorrectly that fails to meet this standard of care.

Standard of care violations could include providing incorrect dosage of medication, failing to report significant health changes immediately, and not following correct procedures.

Types of nursing malpractice

Not all instances of nursing malpractice involve serious mistakes; here are some more general claims for consideration.

• Medical errors include prescribing incorrect doses or routes of administration, failing to monitor or evaluate changes in patient condition, failing to report changes promptly, failing to maintain a complete medical record, and using equipment without adequate training or guidance from staff.
• Failing to follow protocols
• Failure to follow hospital or facility procedures and insufficient communication can have dire repercussions for both patients and nurses.

Liability insurance types

Under malpractice insurance, there are two basic forms of coverage

1. Claims-Made Coverage

This coverage only applies if an incident takes place while your policy is active, so you may require “tail coverage” if you terminate or cancel it to cover future claims related to past work.

2. Occurrence Coverage

This type of policy covers events as they happen rather than being limited by time frames alone.

No matter when or where an incident occurs, incidents covered by your policy are protected, providing peace of mind even if your position changes or retirement is imminent. By understanding the coverage provided by your policy and its limitations, you can avoid gaps that might leave you open to lawsuits.

Choosing nurse malpractice insurance

Before purchasing nurse malpractice insurance, you may want to consider the following points:

• Coverage Limits: An insurance company’s maximum payout for claims.
• Additional benefits, such as protection of licenses, legal representation for board investigations, and assistance with personal legal matters related to professional duties.
• Reputation of Insurance Provider: When selecting an insurance provider, consider one with a proven track record of serving healthcare professionals.

Final thoughts

Whether you are a new graduate or an experienced nurse, safeguarding both your license and career with nurse malpractice insurance may be a wise decision. Although many nurses never find themselves involved in a malpractice suit, the risk does exist, and defense costs can be expensive. You can make an informed decision to protect both professional and personal interests by understanding what nursing malpractice coverage entails, how it differs from employer policies or individual policies, and its various types.