Freeked Out In A Law Suit - page 2

I am have recently been named in a law suit by an OD we recieved in the ER one night. The pt was brought in by EMS. Lab work revieled methadone, valium, phenergan, thc and etoh on board. I followed... Read More

  1. by   kitty=^..^=cat
    I don't think you have anything to worry about. The patient was "out of it" and hallucinating -- it won't take long for the attorney to ascertain that the patient doesn't have other lucid memories of his ER experience.

    Don't get paranoid and spend a fortune on an attorney of your own. You were functioning as the hospital's agent when this happened, so your liability is THEIR liability, and it's in their best interest to provide you with the best possible counsel.
  2. by   katscan
    I agree with the posters who say get your own attorney!!!Why should the hospital go out on a limb for you? If there is ANY difficulty you will be glad you as an individual are represented. You know how most hospitals treat nurses-I'm not saying they will really treat you badly, but if it is you against them in any way you know who will lose, as the lawyer's first responsibility is the hospital. I have carried malpractice insurance since 1963 and hav neve had to use iT But i know plenty of nurses who hav had to. Good luck!
  3. by   RN4jewels
    YIKES, WHAT A SCARE. I HAVEN'T BEEN IN A SUIT BUT A FAMILY MEMBER WANTED TO SUE ME AND I DID GET WRITTEN UP. I WOULD THINK THAT A PHARMACOLOGIC MESS WOULD BE FAIRLY EXONERATING BUT YOU SHOULD HAVE MALPRACTICE INSURANCE ANYWAY. IF THERE IS EVER A CASE INVOLVING YOU AND AN MD THE HOSPITAL WILL SIDE WITH THE MD AND OFFER YOU NO PROTECTION. I HAVE PREPAID LEGAL BECAUSE MY FRIENDS DAUGHTER SELLS IT AND I WAS DOING A FAVOR THINKING I WOULD KEEP IT A YEAR. IT HAS BEEN 2 YEARS NOW AND I HAVE USED IT IN EVERYDAY LIFE SEVERAL TIMES AND HAVING A LAWYER TO REFER PEOPLE TO CHANGES THINGS FAST. I WOULD GET A LAWYER NOW IF I WERE YOU IT MAY NOT COST WHAT YOU FEAR AND IT WILL PUT SOME WEIGHT IN YOUR CORNER FOR THIS PATIENT TO THINK ABOUT. GOOD LUCK AND KEEP US POSTED.
  4. by   dcoxrn
    Originally posted by kitty=^..^=cat

    Don't get paranoid and spend a fortune on an attorney of your own. You were functioning as the hospital's agent when this happened, so your liability is THEIR liability, and it's in their best interest to provide you with the best possible counsel.
    Do you live in the US? If so, have you ever had any encounters with liability? I'm not attacking you but this is an extremely naive view and just wanted to know from what perspective you have this opinion.

    Donald
  5. by   dcoxrn
    OK. In 17 posts we have 5 for obtaining your own legal counsel and 2 against. Anyone else want to 'vote'?

    Donald
  6. by   howie122832
    Voting here................

    Get YOUR own attorney!!! The hospital counsel will "throw you under the bus" in a heartbeat if they need to!
  7. by   kitty=^..^=cat
    I've worked as a risk manager and Director of QRM for the past twelve years and have been through numerous (50+) lawsuits against the facilities where I've worked (two small and one large). I have NEVER seen a claim against a nurse make it through to the trial phase of a case, and I have NEVER observed that a nurse's liability insurance/individual counsel provide any beneficial service to the insured. I know first-hand that hospital counsel is MOST concerned about managing the liability of the nurse or other practitioner, since the hospital shares the exact same liability.
  8. by   sunnygirl272
    Originally posted by howie122832
    Voting here................

    Get YOUR own attorney!!! The hospital counsel will "throw you under the bus" in a heartbeat if they need to!
    i agree!!!
  9. by   caroladybelle
    Originally posted by katscan
    I agree with the posters who say get your own attorney!!!Why should the hospital go out on a limb for you? If there is ANY difficulty you will be glad you as an individual are represented. You know how most hospitals treat nurses-I'm not saying they will really treat you badly, but if it is you against them in any way you know who will lose, as the lawyer's first responsibility is the hospital. I have carried malpractice insurance since 1963 and hav neve had to use iT But i know plenty of nurses who hav had to. Good luck!
    Sorry Kittycat,

    My experience is that Risk Managers serve the Hospital suits and not the nurses.

    I would no more trust the hospital lawyers (at any place that I have worked) to look out for my best interests or the truth than I would trust a pig to fly the concord.

    Keep malpractice insurance and have your own atty at any legal question and answer session.
  10. by   angelbear
    Yes to your own attorney and Yes to malpractice insurance. Better safe than sorry.
  11. by   JBudd
    I've been told by several nurses that our hospital has settled out of court just to shut people up, even though the nurse was absolutely in the right. It costs less to settle than to go to court to defend your nursing reputation.
  12. by   ernurse1234
    cmore, my husband is a law enforcement officer and he has gone to court many many times over the past 6 years fro various arrests etc.. he basically always says that if there is a complaint against an officer that it always comes down to credibility. believe it or not, the patient has very little credibility in a court of law due to the fact that he was under the incluence of many drugs and etoh at the time of his ed visit. the fact that you have numerous entries about hallucinations and delusions in the medical record (which is a legal document) speaks volumes. also, did the md do a rectal exam? if so, he may be confusing you for the md. his ability to prove that there was malice on your part is impossible. you have md documentation about his psyche as well as a psych md? any attorney worth his weight will have you off the hook without a dispo in a matter of minutes. good luck and keep me posted.
  13. by   PSUNURS05
    i am just a student and all that we have been told about lawsuits is that they can't sue you unless you have caused harm...for example....if a patient falls they can't sue you unless an injury resulted from that fall.....

    this is very frightening...people suing for no justifiable reason...can you countersue for causing unnecessary stress???

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