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Malpractice Insurance for Nurses: Legal, Ethical and Professional Issues

Published online by Cambridge University Press:  20 January 2021

Jane Greenlaw
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Extract

Should nurses carry their own malpractice insurance? This is a commonly asked question, to which no simple response can be given. The answer will be different for each individual nurse, and will depend upon a variety of factors; individual personal values will determine which factors are most important. Thus, while it is impossible to offer a definitive answer which is correct for all nurses, it is possible to provide a framework to aid in the development of individual answers. For purpose of discussion this column will examine the nursing malpractice insurance question from three perspectives — legal, ethical, and professional — though in reality, of course, the three overlap.

The legal issues raised by the malpractice insurance question are the most straightforward and therefore the easiest to deal with. The first question is: do nurses need malpractice insurance at all? Nurses are now viewed (legally and otherwise) as professionals accountable for their own actions.

Type
Ethical Dilemmas
Information
Nursing Law & Ethics , Volume 2 , Issue 6 , July 1981 , pp. 7 - 8
Copyright
Copyright © American Society of Law, Medicine and Ethics 1981

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References

1. For an analysis of a typical malpractice insurance policy, see Trandel-Korenchuk, DM, Trandel-Korenchuk, KM. Nursing malpractice insurance — a review of one policy. Nurse Practitioner. 1979; 5:11.Google Scholar
2. Moore v. Carrington 270 S.E.2d 222 (Ga. App. 1980).CrossRefGoogle Scholar
3. Lieberman v. Employers Insurance of Warsaw, 419 A.2d 417 (N.J. 1980).Google Scholar
4. American Nurses’ Association code for nurses with interpretive statements. Kansas City: ANA, 1976.Google Scholar