Pick up Malpractice! They went after my license. - page 5

www.nso.com A few months ago I was unjustly fired after a resident died, after my shift, and after she had been released from the emergency room. She had trouble swallowing something at lunch... Read More

  1. by   Ariesbsn
    Suesquatch,

    Thank you so much for posting your experience and allowing me to learn vicariously. I can't begin to imagine how horrible it had to be to live through that situation. I am glad you didn't leave nursing forever. Thanks again.

    I would also like to thank every one who posted in this thread. The information was very helpful.
  2. by   sirI
    Quote from Ayvah
    When exactly is the ideal time to notify NSO when things are looking sticky? Before/after the time of the deposition? When you get a subpoena? Can you refuse to answer deposition questions until you have a lawyer present?
    Hello, Ayvah,

    You have all your questions/concerns answered here from NSO on when to contact your liability carrier:

    About Medical Incidents...
    Spotting and reporting incidents is the essential first step in the professional liability claims process. But how do you know when you've experienced an incident? Many Medical Incidents are obvious. In other cases however, you may wonder whether it is necessary to report the event to your insurer. This information should answer some basic questions about incidents and provide guidelines on identifying and reporting them.
    http://www.nso.com/customer/claim2.php

    They are YOUR advocate. Contact them as they have outlined above.
  3. by   Kyrshamarks
    Perjury is not just lying but it is also withholding requested information in a deposition or while a witness. Remeber the oath is to tell the truth the WHOLE truth and nothing but the truth. Withholding requested information is the same as lying by omission. If they ask it and while testifying and unless a lawyer objects to it and is is sustained...you have to answer truthfully and fully. Jail time is possible even in a civil case with people being sued. Remember the judge has the power to jail you for as long as he wants without trial or question.
  4. by   SuesquatchRN
    Everyone getting hung up on playing lawyer:

    Your lawyer will tell you what to say should you be unfortunate enough to be deposed. We're frankly all talking out of our butts.

    I'm really glad this has helped wake people up to the advantage of carrying personal malpractice insurance. Again, I'm really not worried about being sued by a patient - although it could happen - but about being hung out to dry by my facility should something bad happen. And they hung me out to dry, boy, and thank goodness for ONE honest coworker.
  5. by   P_RN
    I have always had NSO ever since I was in school.

    This year I think it's about $90 a year. That's 45 cups of Starbuck's plain. 60 Mountain Dews, 10 movies. Now which will help keep your life on track?
    Always have, always will.
  6. by   morte
    Quote from Kyrshamarks
    Perjury is not just lying but it is also withholding requested information in a deposition or while a witness. Remeber the oath is to tell the truth the WHOLE truth and nothing but the truth. Withholding requested information is the same as lying by omission. If they ask it and while testifying and unless a lawyer objects to it and is is sustained...you have to answer truthfully and fully. Jail time is possible even in a civil case with people being sued. Remember the judge has the power to jail you for as long as he wants without trial or question.
    both my answers were honest and not withholding anything.....
  7. by   RNOTODAY
    Quote from morte
    not perjury, neither of my answers would be lying, and lying would be required for a charged of perjury....and not game playing either, very plain and to the point...

    Have you ever been to court, or even watched a court case on *tv*?????????
    Just curious.... because I am not even saying you *should* tell them, I am saying that you would not get away with just *not* telling them.... Meaning, unless it is a question that it is out of line, you will be *ordered* to answer the question.....(whatever it may be, pertaining to the matter at hand)
    I guess I am trying to understand if you really do not understand that those answers wont be accepted... or are you just trying to make a point?
  8. by   TazziRN
    Morte, your answers would not be acceptable. You cannot decline to answer a question during a deposition. If you decline to answer in court, it would be seen as hiding information and could imply guilt. If you answer with any variation of "It's none of your business" all you're going to do is piss off the judge.
  9. by   NurseguyFL
    Quote from Ariesbsn

    We were told in nursing school that we didn't need additional insurance, that our employer would cover us. We were also told that if you had additional insurance, if there was a suit and your nursing actions were fine, if the attorney for the plaintiff found out about it, more likely than not, you would be dragged in.

    The truth of the matter is that some employers will view you as a liability (to be gotten rid of) in the case of a lawsuit where you're accused of any type of error or negligence. They will try to put all the blame on you for whatever went wrong and then even fire you on top of it. In the OP's case, this is exactly what they did.

    What the instructor told you about being sued is true. Greedy lawyers will make an extra effort to drag you into lawsuits if they know you have liability coverage because they know they'll collect bigger money if you are found liable. I don't ever tell co-workers or employers that I have liability insurance.
  10. by   cardiacRN2006
    Thanks to this thread, I have purchased insurance as of today.

    I just bought a new house, and really, I can't afford to lose my job or license.

    For me, this year, it will cost me the equilivent of 9 of my triple grande lattes...

    That's just 2 weeks of lattes for me.:smilecoffeeIlovecof
  11. by   caliotter3
    Ayvah

    The time to notify your insurance carrier is the moment you are notified, by whatever means, that you have been named in a lawsuit or that you will be testifying as a witness to your employer's suit. The rep will take down some info from you over the phone, and you will be reminded to say nothing to anybody about the case.
  12. by   CHATSDALE
    when choosing your insurance carrier make sure that they accept lawyers of your choice in you area

    having insurnace is kida like having umbrella that you can break out when the need is there

    a civil court is more about ascertaining the facts and determining the amount of harm which defendent was involved in


    never had to go up against a bon panel but if you have a lawyer there
    to represent you you will fill so much better than you would be alone
    these are professionals who spent as much or more time in school and clinic learning their professtion as you
    you facility' legal rep - his job is to protect them...if he has to step on some toes to do he will have forgotten it by the first cocktail

    one thing to believe in the real world don't believe anybody and the most important thing cover up you backside

    your license will not be of anygood to you or any furture patients if you are in court alone trying to defend yourself against a battery of the company paid blood suckers
  13. by   nurse4theplanet
    Quote from morte
    not perjury, neither of my answers would be lying, and lying would be required for a charged of perjury....and not game playing either, very plain and to the point...
    The judge would find you in "contempt of court"...the same charge that they use when someone is being unreasonable, uncooperative, or disruptive in a courtroom. No further explanation is necessary. And you would be removed from the courtroom, fined, and receive possible jail time...when all you had to do was tell them, "Yes, I have malpractice insurance."

    I don't see why anyone would go through that to conceal their coverage.

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