The Need for Liability Insurance

Today’s burning question: I am a Paramedic and EMS instructor. I just got my annual renewal notice for my malpractice insurance coverage. Do providers really need personal coverage?

Answer: The standard advice that attorneys give people asking that question is – yes, absolutely. Liability insurance provides two important things for you – both of which are invaluable.

First, liability coverage provides protection in the event someone sues you and you are ordered to pay that person damages. Second, and more importantly, liability insurance will also pay the costs of defending you in court – whether you win or lose!!! That second aspect is so important because the costs of defense (attorneys fees, expert witnesses, court costs, depositions, transcripts, etc. etc.) are often considerably more than any award you will be ordered to pay by a jury. In fact without insurance even if you win the case you would still be stuck with the costs of your defense.

The above is standard advice because for an attorney to advise otherwise could be considered malpractice. There are a few other things that you should take into account as well, including:

  1. Whether your organization already provides coverage for you
  2. What sort of immunity protection your state provides to paramedics

If I could speak as a firefighter – the reality is – the decision to purchase your own coverage depends on two additional things – your tolerance of risk and the cost of the coverage.

Liability insurance is – on one level – peace of mind. It keeps you from losing everything you have worked for. If your tolerance of risk is low, insurance will definitely allow you to sleep more comfortably.

The problem is – if you make $50,000 per year and the coverage is $25,000 per year, it may not be worth the cost of the premium. Even at $2,500 per year the cost of peace of mind may simply be too much. On the other hand $250 per year may be well worth the cost. So to some extent we are talking about a highly individual decision based on a lot of different factors.

To wrap up this long winded answer let me refer back to how I began this post: The standard advice that attorneys give people asking whether they need liability insurance is to say – yes, absolutely, you need insurance. To say otherwise would be like signing off on a patient who refuses aid with: “patient refused with medical advice”…

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
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