Napnap Position Statementposition Statement Onmalpractice Insurance F ✓ Solved

NAPNAP POSITION STATEMENT Position Statement on Malpractice Insurance for Nurse Practitioners The National Association of Pediatric Nurse Practi- tioners (NAPNAP) recognizes that nurse practitioners (NPs) need access to affordable and adequate malprac- tice insurance, also called medical professional liability insurance, to protect themselves and their patients. Advanced practice registered nurses (APRNs) are gaining practice autonomy and responsibility in an in- creasingly complex health care delivery system. 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, rules, and reg- ulations (Balestra, 2012; National Council of State Boards of Nursing, 2014).

It is recognized that as the workforce has grown, the number of malpractice claims involving nurse practitioners has increased; however, the percentage of claims has remained stable and is the lowest among health care professionals (LeBuhn & Swankin, 2010; Miller, 2011). Malpractice insurance protects health care providers and the individuals for whom they provide care. The in- clusion of license protection defense is another impor- tant component of malpractice insurance that is designed to protect NPs in the event of regulatory or dis- ciplinary action (Balestra, 2012). Although an employer may provide malpractice insurance coverage, it may not fully protect individual NPs or their APRN license.

Adopted by the National Association of Pediatric Nurse Practitioners’ Executive Board on February 17, 2015. This document replaces the 2009 NAPNAP Position Statement on Malpractice Insurance for Nurse Practitioners. 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, 5 Hanover Square, Suite 1401, New York, NY 10004. J Pediatr Health Care. (, A11-A12. /.00 Therefore, NPs are encouraged to analyze employer- provided coverage to determine whether carrying indi- vidual malpractice insurance is warranted (Barry, 2006; Buppert, 2007; Liguori & 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 ofservicesand activities that have the potential to affect their patients, positively or ad- versely. Patients have legal rights to receive adequate and appropriate diagnosis and treatment or referral to a specialist that is consistent with the expected stan- dard of care (National Association of Insurance Commissioners, 2014). If they believe they have not re- ceived such care from the NP, they can file a legal claim against him/her. Complaints may also be registered at state Boards of Nursing (Balestra, 2012).

Some of these claims may be warranted, and if the claim is so judged, malpractice insurance can pay for the NP’s legal fees and pay the patient damages awarded and legal fees that are assessed by the defense and prosecution, subject to the limits of the policy or policies. Any claims resulting in a monetary settlement or judgment are also subject to reportingintheNationalPractitioner Data Bank(NPDB). The NPDB is subject to review with licensure, hiring, or certification to participate in government programs such as Medicaid. Provider identification within the NPDB is viewed as reflective of negative past performance and has implications foranNP’sfuture practice opportunities (Jordan, Quraishi, & Liao, 2013).

Therefore, it is impor- tant for protection of both the NP and the public that NPs understand the implications of both malpractice claims and settlements and for NPs to be covered by ad- equate malpractice insurance. NAPNAP advocates that: All NPs should have access to affordable malpractice insurance. NAPNAP supports affordable insurance rates for NPs. July/August A Employers have a responsibility to provide malprac- tice insurance coverage to NP employees. NPs have the responsibility to understand the Nursing Practice Act and malpractice laws in the state(s) in which they are licensed and/or practicing.

NPs have the responsibility to understand the mal- practice coverage requisites applicable to their provi- sion of professional health care services. NPs have an obligation to consider the role of license protection coverage as it relates to their malpractice insurance policy. NPs should obtain continuing education in risk as- sessment 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 malprac- tice liability should continue and be published to im- prove NPs’ knowledge about malpractice.

NPs should support legislation at the state and na- tional level to ensure malpractice insurance is afford- able and obtainable for all health care providers. NPs have a responsibility to ensure that the malprac- tice insurance coverage applicable to their provision of professional health care services is sufficient to protect themselves and the individuals they care for. NAPNAP’s mission is to empower pediatric nurse practitioners and their health care partners to enhance child and family 12A Volume 29 Number 4 health through practice, leadership, advocacy, educa- tion and research. The National Association of Pediatric Nurse Practi- tioners would like to acknowledge the contribution of the Professional Issues Committee and the following members for their contribution to the revision of this statement: Kristin Hittle, MSN, RN, CPNP-AC, CCRN, Professional Issues Chair; Melanie Balestra, MSN, CPNP, JD; Mary Chesney, PhD, RN, CPNP, FAAN, NAP- NAP President; and Tracy Nichols, MSN, CPNP.

REFERENCES Balestra, M. (2012). The best defense for registered nurses and nurse practitioners: Understanding the disciplinary process. Journal of Nursing Law, 15(2), 39-44. Barry, P. (2006). Perspectives on private practice.

Professional malpractice insurance and practicing within professional guide- lines. Perspectives in Psychiatric Care, 42, . Buppert, C. (2007). Arguments for having your own insurance. The Journal for Nurse Practitioners, 3, .

Jordan, L. M., Quraishi, J. A., & Liao, J. (2013). The national practi- tioner data bank: What CRNAs need to know. AANA Journal, 81(2), 97-102.

LeBuhn, R., & Swankin, D. A. (2010). Reforming scopes of practice: A white paper. Retrieved from ReformingScopesofPractice-WhitePaper.pdf Liguori, R., & Jones, D. (2006). Report of the NAPNAP malpractice insurance survey: Do you know if you are covered?

Journal of Pediatric Health Care, 20, . Miller, K. (2011). Malpractice: Nurse practitioners and claims re- ported to the national practitioner data bank. The Journal for Nurse Practitioners, 7(9), , 773. National Association of Insurance Commissioners. (2014).

Medical professional liability insurance. Retrieved from naic.org/cipr_topics/topic_med_mal.htm National Council of State Boards of Nursing. (2014). Nurse practice acts guide and govern nursing practice. Retrieved from Journal of Pediatric Health Care Position Statement on Malpractice Insurance for Nurse Practitioners References

Paper for above instructions

NAPNAP Position Statement on Malpractice Insurance for Nurse Practitioners

The rapid evolution of healthcare practice and the increasing autonomy enjoyed by nurse practitioners (NPs) underscore the importance of robust malpractice insurance for these professionals. The National Association of Pediatric Nurse Practitioners (NAPNAP) has established a position statement emphasizing the necessity of affordable and adequate malpractice insurance for NPs. This statement reflects the growing responsibilities undertaken by Advanced Practice Registered Nurses (APRNs) in a complex healthcare system, advocating not just for their protection but also for the safety of their patients (Balestra, 2012; National Council of State Boards of Nursing, 2014).

Importance of Malpractice Insurance

The landscape of healthcare delivery is witnessing an increase in the number of malpractice claims involving NPs, albeit the percentage remains relatively stable compared to other healthcare professionals (LeBuhn & Swankin, 2010; Miller, 2011). Malpractice insurance serves as a vital shield for healthcare providers, alleviating concerns over potential claims and allowing NPs to focus on patient care without the fear of financial repercussions from legal actions. As noted by Balestra (2012), this insurance encompasses not just malpractice defense but also license protection defense, safeguarding NPs against regulatory repercussions.
It is essential for NPs to critically assess the malpractice policies provided by their employers. Notably, such employer-provided defenses might not fully ensure individual protection due to varying levels of coverage (Barry, 2006; Buppert, 2007). The onus, therefore, lies with the NP to evaluate whether additional individual malpractice insurance is necessary to buoy their professional practice (Liguori & Jones, 2006).

Understanding Malpractice Risks

As healthcare providers, NPs serve a critical role in patient assessment, diagnosis, and treatment. Thus, they must remain vigilant about the malpractice risks associated with their practices. Patients have clearly outlined rights to comprehensive and appropriate care, and any failure related to these standards can result in legal action (National Association of Insurance Commissioners, 2014). This situation necessitates NPs being thoroughly informed about both the coverage they possess and the implications of potentially claims made against them.
Legal claims can assert a heavy toll on NPs—not only monetarily, but also in terms of reputation, which echoes throughout their career as documented in the National Practitioner Data Bank (NPDB) (Jordan, Quraishi, & Liao, 2013). Past claims can influence hiring practices, licensure, and participation in Medicaid programs, making NPs cognizant of their malpractice insurance's significance.

Advocacy and Education

The NAPNAP advocates several crucial points regarding malpractice insurance:
1. Access to Affordable Insurance: Ensuring that all NPs have access to affordable malpractice insurance is paramount. The advocacy extends towards policies that keep rates manageable and equitable across the board (Balestra, 2012).
2. Employer Responsibilities: Organizations employing NPs have a duty to provide adequate malpractice insurance coverage. This supports the NP’s ability to practice with confidence, knowing they are protected against legal scrutiny (Miller, 2011).
3. Knowledge of Malpractice Laws: NPs must be proactive in understanding the legal landscape that oversees their work. Comprehension of state-specific Nursing Practice Acts and malpractice laws directly impacts their ability to provide safe and effective care.
4. Ongoing Education: Continuous professional education anchored in risk assessments and liability management is crucial. By regularly updating their knowledge, NPs can mitigate potential malpractice claims through informed practices.
5. Legislative Support: NPs are encouraged to actively participate in state and national legislative efforts aimed at promoting accessible and affordable malpractice insurance for all healthcare providers.
6. Risk Assessment Training: Nursing education programs should incorporate best practices related to risk assessment, liability, and malpractice insurance coverage. This prepares new graduates to navigate the complexities of their professional responsibilities more adeptly.
7. Research Promotion: The NAPNAP underlines the necessity for ongoing research and data collection related to NP malpractice liability. Contributing to the body of knowledge on this matter empowers nursing professionals and aids in shaping future policies and protocols.

Conclusion

In conclusion, the position statement by NAPNAP affirms the vital role of malpractice insurance in safeguarding both nurse practitioners and their patients. Understanding the complexities of malpractice insurance requirements and the implications of potential claims is paramount for NPs. As the role of NPs continues to evolve in healthcare, proactive engagement in advocacy, education, and legislative action is essential for ensuring professional protection and maintaining high-quality care standards. Nurses should consider both individual and employer-provided insurance, fostering a comprehensive understanding of risk management and liability that can enhance their practice and promote better patient outcomes.

References

1. Balestra, M. (2012). The best defense for registered nurses and nurse practitioners: Understanding the disciplinary process. Journal of Nursing Law, 15(2), 39-44.
2. Barry, P. (2006). Perspectives on private practice. Professional malpractice insurance and practicing within professional guidelines. Perspectives in Psychiatric Care, 42.
3. Buppert, C. (2007). Arguments for having your own insurance. The Journal for Nurse Practitioners, 3.
4. Jordan, L. M., Quraishi, J. A., & Liao, J. (2013). The National Practitioner Data Bank: What CRNAs need to know. AANA Journal, 81(2), 97-102.
5. LeBuhn, R., & Swankin, D. A. (2010). Reforming scopes of practice: A white paper. Retrieved from [ReformingScopesofPractice-WhitePaper.pdf](https://www.napnap.org).
6. Liguori, R., & Jones, D. (2006). Report of the NAPNAP malpractice insurance survey: Do you know if you are covered? Journal of Pediatric Health Care, 20.
7. Miller, K. (2011). Malpractice: Nurse practitioners and claims reported to the national practitioner data bank. The Journal for Nurse Practitioners, 7(9), 769-773.
8. National Association of Insurance Commissioners. (2014). Medical professional liability insurance. Retrieved from [naic.org/cipr_topics/topic_med_mal.htm](https://www.naic.org).
9. National Council of State Boards of Nursing. (2014). Nurse practice acts guide and govern nursing practice. Retrieved from [ncsbn.org](https://www.ncsbn.org).
10. NAPNAP. (2015). Position Statement on Malpractice Insurance for Nurse Practitioners. Journal of Pediatric Health Care, (A11-A12).