Journal of Pediatric Health Care
Volume 23, Issue 3 , Pages A21-A22, May 2009

NAPNAP Position Statement on Malpractice Insurance for Nurse Practitioners

Article Outline

 

The National Association of Pediatric Nurse Practitioners (NAPNAP) recognizes that nurse practitioners (NPs) need access to affordable and adequate malpractice insurance to protect themselves and their patients.

As the number of NPs increases and the NP role expands with increased autonomy and responsibility, the legal liability risks of the NP also increase (Miller, 2007, Shah and Shuren-Weber, 2005). NPs have a responsibility to protect the individuals they care for and themselves by practicing within the scope of practice as mandated by state statute and rules and regulations (Burroughs, Dmytrow, & Lewis, 2007; Miller).

Malpractice insurance protects both the health care provider and the individuals for whom they provide care. Although an employer may provide malpractice insurance coverage, it may not fully protect the individual NP. Therefore, NPs are encouraged to analyze employer-provided coverage to determine whether carrying individual malpractice insurance is warranted (Barry, 2006, Buppert, 2007, Liguori and Jones, 2006). NPs have a responsibility to understand the malpractice risks in their own work setting and to be aware of the type of coverage afforded by their employer-provided and/or individual malpractice policies.

NPs provide a range of services and activities that have the potential to affect their patients, positively or adversely. Patients have legal rights to receive adequate and appropriate diagnosis and treatment or referral to a specialist. If they believe they have not received such care from the NP, they can file a legal claim against him or her. Some of these lawsuits may be warranted, and if the claim is so judged, malpractice insurance can pay for the NP's legal fees and pay the patient whatever damages and legal fees are assessed, subject to the limits of the policy(ies). Therefore, it is important for protection of both the NP and the public that NPs be covered by adequate malpractice insurance.

NAPNAP advocates:

•All NPs should have access to affordable malpractice insurance. NAPNAP supports affordable insurance rates for NPs.

•Employers have a responsibility to provide malpractice insurance coverage to NP employees.

•NPs have the responsibility to understand the malpractice laws in the state in which they are licensed and/or practicing.

•NPs have the responsibility to understand the risks/benefits of malpractice insurance and to fully understand the malpractice coverage applicable to their provision of professional health care services (Liguori & Jones, 2006).

•NPs should obtain continuing education in risk assessment and reduction on a regular basis.

•NP programs should incorporate education related to risk assessment, liability, and malpractice insurance coverage.

•Research and data collection related to NP malpractice liability should continue and be published to improve NPs' knowledge about malpractice.

•NPs should support legislation at the state and national level to ensure malpractice insurance is affordable and obtainable for all health care providers.

NPs have a responsibility to ensure that the malpractice insurance coverage applicable to their provision of professional health care services is sufficient to protect themselves and the individuals they care for.

NAPNAP promotes optimal health for children through leadership, practice, advocacy, education, and research.

The National Association of Pediatric Nurse Practitioners would like to acknowledge the contribution of the Professional Issues Committee and the following members for their contribution to the development of this statement: Rosemary Ligouri, PhD, CPNP, Professional Issues Chair; Renee McLeod, DNSc, APRN-BC, CPNP, Position Statement Committee Chair; Melissa Reider-Demer, MSN, CPNP; Sharon Stevenson, MSN, APRN-BC; Deborah White, PhD, CPNP; Michelle Widecan, MSN, CPNP; Dolores Jones, EdD, RN, CPNP, CAE (Staff); and Heather Keesing, MSN, RN, FNP-BC (Staff).

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References 

  1. Barry P. Perspectives on private practice. Professional malpractice insurance and practicing within professional guidelines. Perspectives in Psychiatric Care. 2006;42:201–203
  2. Buppert C. Arguments for having your own insurance. The Journal for Nurse Practitioners. 2007;3:590–592
  3. Burroughs R, Dmytrow B, Lewis H. Trends in nurse practitioner professional liability: An analysis of claims with risk management recommendations. Journal of Nursing Law. 2007;11:53–60
  4. Liguori R, Jones D. Report of the NAPNAP malpractice insurance survey: Do you know if you are covered?. Journal of Pediatric Health Care. 2006;20:143–147
  5. Miller KP. Feeling the heat: Nurse practitioners and malpractice liability. The Journal for Nurse Practitioners. 2007;3:24–26
  6. Shah P, Shuren-Weber A. The current medical malpractice environment: An analysis of causes and solutions. Journal of Pediatric Health Care. 2005;19:112–116

 Adopted by the National Association of Pediatric Nurse Practitioners' Executive Board on January 29, 2009.

 © 2009 National Association of Pediatric Nurse Practitioners, Cherry Hill, NJ. All rights reserved.

 All regular position statements from the National Association of Pediatric Nurse Practitioners automatically expire 5 years after publication unless reaffirmed, revised, or retired at or before that time.

 Correspondence: NAPNAP National Office, 20 Brace Rd, Suite 200, Cherry Hill, NJ 08034-2633.

PII: S0891-5245(09)00047-9

doi:10.1016/j.pedhc.2009.02.004

Journal of Pediatric Health Care
Volume 23, Issue 3 , Pages A21-A22, May 2009

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