Understanding Nurse Liability report - page 2

I receive these very interesting updates periodically and thought they might be of good general interest, to contribute to the recurrent "losing my license!!" and "should I have malpractice insurance?" threads. "The... Read More

  1. 1
    Quote from Jean Marie46514
    i can't actually recall now, what the charge against me was, negligent homicide is probably wrong, but, it was something that sounded very dreadful.
    That's such an awful charge. I'm so glad that it worked out in your favor. It is so scary to think of the legal aspect of healthcare from a nurses point of view.
    somenurse likes this.

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  2. 1
    Quote from shamrokks
    That's such an awful charge. I'm so glad that it worked out in your favor. It is so scary to think of the legal aspect of healthcare from a nurses point of view.

    so was i! It turns out, they apparently had been postponing the case til they tracked me down. They finally amped up their efforts to locate me, as some kind of statute of limitations was approaching. Not all states have such limitations, especially not for suing nurses (doctors, yes, often are statutes of limitations to sue them, but for nurses, no, in some states, you can still sue the nurse who helped deliver you at birth...decades ago!!!!).

    I'm not sure why they had trouble tracking me down, but, they did. Each state i'd lived in temporarily, i'd let my that state's license expire, when i moved away again,
    but, still, my state of original licensure had paperwork indicating my most recent application, (maybe they can't just tell anyone who asks?)
    still, they said they had a bit of trouble tracking me down, which i found amazing. It was a long time ago, though, but still, hard to believe it'd be hard to find me,
    even just by tracking my SS# or something.

    In my deposition, (sworn testimony in some office, NOT the court case itself)
    the other lawyer tried so so hard to make hay out of my frequent moves, trying to make it seem i was running away from one dead patient after another,
    although i stayed in that first state for years after, and was not involved in any other court cases ever, still,
    it was kinda creepy how hard he tried to make THAT seem very very bad. I could have easily explained each and every move, "well, we moved to this next state, for my husbands education at so&so university" or "my husband got transferred" etc etc,
    BUT,
    my lawyer had instructed me to give as short of answer as possible, and offer nothing that is not specifically asked. Like, if the other lawyer asks, "Do you have an apple?" don't add that you also have an orange too, kinda thing,
    so they tried hard to make me out as some kind of problem nurse since i moved so often.


    shiver!
    BUT, at the actual court case, my lawyer said i can now explain each move, if i am asked why we moved so often. And the other lawyer DID ask, "and then, after this event, YOU moved across the country, didn't you!?"
    but now, my lawyer said i could explain when he said such things.

    took a lotta air outa the other lawyer that i had such reasonable answers....nothing sinister about it, at all.

    Oh, the other lawyer tried all kinds of dirty moves, all kinds of horrible questions and accusations at all of us, tried very hard to make us out as horrible.
    Last edit by somenurse on Dec 28, '12
    GrnTea likes this.
  3. 0
    Our lawyer told us of a case, where he had defended some very tiny nurse, who was being sued,
    cuz her patient, who was in police custody, but not handcuffed to the bed for some reason,
    jumped up, escaped the ER, and ran outside, and knocked out someone to steal their car to get away. <---this car owner is the one sueing the nurse.

    i know, i know, what was the tiny nurse supposed to do to stop this guy? sue the police maybe, but, sue the NURSE? what?

    oh, he had all kinds of crazy stories of various cases....
  4. 0
    Quote from traumaRUs
    Not true at all. First, the hospital or practices malpractice must pony up the money for a claim. It is only if it goes over a certain amt (Usually set by the state) that your malpractice would kick in. This is YOUR protection - your employer is NOT going to go to the BON with you if you have a complaint, they are not into protecting YOU once the malpractice claim is settled. If any money is paid on your behalf, the BON gets a notification and your license is then subject to discipline. Your employers malpractice insurance stops once their portion of the suit is settled. They are not going to give a hoot what the BON does or does not do to your license.

    Does having malpractice insurance actually help one deal with BON? What, they talk to the BON on your behalf,
    or what role would an insurance company play in that situation? Or, the insurance company would pay for a lawyer to talk to the BON,
    or how does that work?
  5. 3
    Quote from Jean Marie46514
    Does having malpractice insurance actually help one deal with BON? What, they talk to the BON on your behalf,
    or what role would an insurance company play in that situation? Or, the insurance company would pay for a lawyer to talk to the BON,
    or how does that work?

    Yes, your malpractice coverage will provide you with an attorney-- as part of your coverage, you don't pay the attorney separately yourself. The malpractice insurance company pays for the attorney, and they get attorneys who specialize in whatever the issue is-- defending a license, defending you against a malpractice suit, whatever. Read the policy before you buy, and TALK to the person who's offering it. You'll be pleasantly surprised, I can tell.
    JustBeachyNurse, Altra, and somenurse like this.
  6. 0
    Malpractice cases are very much common nowadays, which is why we really have to be extra careful with our practice! Itís very complicated and traumatic to be involved in these cases I think..
  7. 1
    Thank you for posting this info. I bought my insurance the day I received my license.
    GrnTea likes this.


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