Practice Tip of the Week: Liability Insurance
Tuesday, March 29, 2016
(2 Comments)
Posted by: Nadia Tamez-Robledo
By Ellen Martin, MSN, RN, CPHQ
Director of Practice
Texas Nurses Association
Liability insurance: Are you protected?
The Texas Nurses Association practice line receives calls on a regular basis from nurses seeking advice. While we CAN discuss practice matters, we DO NOT give legal advice. However, there are important steps nurses can take to protect themselves and their license when facing a legal issue. Maintaining liability insurance coverage is one of them. Much has been written about the reasons why it is a good idea for nurses to maintain liability insurance. Today’s tip focuses on nursing practice issues.
License Defense Coverage
Did you know that when purchasing a liability insurance policy, it’s important to confirm that the policy covers regulatory, administrative, and license defense coverage? Not all policies include it. This important coverage pays the legal fees and costs associated with defending a nurse’s license at the Board of Nursing. Usually, this coverage goes into effect at the time the nurse receives written notice that an investigation has been initiated and will cover legal defense for formal complaints made against the nurse, informal hearings before the Board of Nursing, and formal administrative hearings before an administrative law judge. Nurses are often unaware of the costs associated with these activities, which can run into the thousands of dollars. It is important for nurses to know that the Board’s role is to protect the public and not to advise nurses of their rights or the potential consequences of a board action.
High Risk Areas
One thing nurses may not know is that nurses who work in staffing agencies, home health agencies, and nursing homes are at particularly high risk for complaints of negligence. There are several reasons why nurses working in these areas have a higher risk of complaints. Often these organizations provide less training on policies and procedures. Also, turnover is higher than in hospitals. This matters because when turnover is high and nurses don’t work for the employer long term, the nurses may not have strong relationships with coworkers and may not even work there anymore when a complaint is investigated. Also, home health agencies and nursing homes may be the target of fraud investigations which involve audits of nursing documentation.
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