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Personal malpractice insurance....yes or no?



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No. 40
Old Jul 19, 2004, 01:30 PM

Yes, definitely, ESPECIALLY in OB...The hospital attorney and hospital period are not going to be as behind you as you think....If it is between you or a doc they will sacrifice you....Have seen that happen too often..
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No. 41
Old Jul 20, 2004, 01:26 AM

Originally Posted by mother/babyRN
Yes, definitely, ESPECIALLY in OB...The hospital attorney and hospital period are not going to be as behind you as you think....If it is between you or a doc they will sacrifice you....Have seen that happen too often..


I have never worked OB, don't know much about birthin' babies.
But, keep in mind, it is not the 'hospital attorney', it is the insurance attorney. Their agenda is alot different than the hospitals'.
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No. 42
Old Jul 20, 2004, 02:04 AM

True, although you do actuallly have to talk with both sets and if you are the one being sued, they do not generally strive very hard to protect you personally...
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No. 43
Old Jul 20, 2004, 02:10 AM

Originally Posted by mother/babyRN
True, although you do actuallly have to talk with both sets and if you are the one being sued, they do not generally strive very hard to protect you personally...


Meaning, if your name is included in the suit? (you wouldn't be sued alone for something done at work.. the facility would be named first.)
Even a personal malpractice attorney isn't interested in protecting YOU, they are interested in protecting the insurance $$$. It isn't that you have your own personal lawyer, just for you. This is one of the myths.
Their interest is in reducing damages. (And getting paid that hourly rate-but they can only draw that out for so long)
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No. 44
from mattsmom81
Old Jul 20, 2004, 12:49 PM

If I worked mother baby I would definitely carry malpractice no doubt.

Lawyers in my state are suing nurses more and more...and it does have something to do with the fact the $$$ is available for them to get at. I've never carried it nor have I been named in a lawsuit. (my facility has) I suspect if I had carried insurance I would have been included in several suits.

It's our own personal decision to carry insurance or not.
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No. 45
Old Jul 20, 2004, 02:44 PM

Originally Posted by mattsmom81
If I worked mother baby I would definitely carry malpractice no doubt.
Originally Posted by mattsmom81

Lawyers in my state are suing nurses more and more...and it does have something to do with the fact the $$$ is available for them to get at. I've never carried it nor have I been named in a lawsuit. (my facility has) I suspect if I had carried insurance I would have been included in several suits.

It's our own personal decision to carry insurance or not.


More and more states are capping damages, which means attorneys will start going after nurses more frequently.
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No. 46
from katzrkool
Old Jul 21, 2004, 02:48 PM

I just graduated and will be starting work in a couple weeks. Can anyone who has malpractice insurance recommend a good company to go through "just in case."
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No. 47
from jeepgirl
Old Jul 22, 2004, 11:50 PM

while i was a student, we had to have malpractice insurance or we weren't permitted at the clinical sites... period.



Originally Posted by CNM2B
There was a thread on this when I first came here and just about everyone said to get it, so I am...even as a student, I am going to carry my own malpractice insurance. I don't trust ANYONE to back me up and am not willing to lose everything over some imagined slight I may or may not have performed!
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No. 48
from JBudd
Old Jul 23, 2004, 05:00 AM

Do you really think that a lawyer would only list the nurses whose signature they could read? This is nonsense. Sorry, but this shows absolutely no knowledge of legalities. A very simple call/letter to the opposing attorney' office takes care of the signature issue. (Facilities have gone through time cards and old staffing sheets to provide that info. If unreadable signatures would prevent being named on a lawsuit...everyone would do it.)

I never claimed knowledge of legalities, I am reporting acutal experience. They did not do all this other stuff you list, they only named the one sig they could read. And yes, a lawyer did only list the nurse he could easily identify and admitted it. And there are nurses here who do sign illegibly for that reason. So with a return of your respectful attitude, its not nonsense. It should be, but it isn't.

Third: my hospital would rather settle out of court than defend thier nurses. fact. Several colleagues were absolutely correct in their care according to the hospital lawyers, but weren't defended in court because it was easier & cheaper to settle. I want my own lawyer

This also shows a lack of legal knowledge. Most suits (95%) are settled. Your lawyer will work WITH the facilities' insurance lawyers. They WILL NOT "defend" you in court just because you want them to. Cases just don't go to court because you want everyone to see that you did the right thing. Doesn't happen.
[/i][/quote]

I didn't expect them to defend me just because I want them to, but I do want someone around looking out for me, even if it means settling, to be MY lawyer, not the hospitals'. My policy says up front they may settle, and I still bought the policy.
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No. 49
Old Jul 24, 2004, 02:37 PM

Originally Posted by JBudd
Do you really think that a lawyer would only list the nurses whose signature they could read? This is nonsense. Sorry, but this shows absolutely no knowledge of legalities. A very simple call/letter to the opposing attorney' office takes care of the signature issue. (Facilities have gone through time cards and old staffing sheets to provide that info. If unreadable signatures would prevent being named on a lawsuit...everyone would do it.)
Originally Posted by JBudd

I never claimed knowledge of legalities, I am reporting acutal experience. They did not do all this other stuff you list, they only named the one sig they could read. And yes, a lawyer did only list the nurse he could easily identify and admitted it. And there are nurses here who do sign illegibly for that reason. So with a return of your respectful attitude, its not nonsense. It should be, but it isn't.

You cannot be serious. This would take care of all legalities for the entire world, "just make sure they cannot read your signature". Budd, This is a myth that I have heard before. It is untrue. I have sent letter to the opposing council requesting clarification of staff present at the time of incidents, and they MUST respond. NO JUDGE would EVER allow something like that, - unless the plaintiff had a really, really bad lawyer.-- which sometimes happens.

Third: my hospital would rather settle out of court than defend thier nurses. fact. Several colleagues were absolutely correct in their care according to the hospital lawyers, but weren't defended in court because it was easier & cheaper to settle. I want my own lawyer

This also shows a lack of legal knowledge. Most suits (95%) are settled. Your lawyer will work WITH the facilities' insurance lawyers. They WILL NOT "defend" you in court just because you want them to. Cases just don't go to court because you want everyone to see that you did the right thing. Doesn't happen.
[/i]

I didn't expect them to defend me just because I want them to, but I do want someone around looking out for me, even if it means settling, to be MY lawyer, not the hospitals'. My policy says up front they may settle, and I still bought the policy.[/quote]

Remember, your lawyer is working for the INSURANCE company. You happen to be the pawn in a very, very different game.
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