Re: Should I Carry Malpractice (Liability) Insurance?
I looked up all the resources for MALPRACTISE insurance that SIRI provided. Only NSO gave
coverage information, which
excluded employment reinstatement. An expert in fair employment practises would have to take over, if you were found innocent of charges (hopefully represented by your own attorney, paid at
? % of the lawyers' charges, by the insurance company.
You could go to the EEOC to try to get your job back, if you thought prejudice against your race, age, religion, political beliefs, etc. occurred,
and there's proof of that (witnesses who will testify that they/you heard a supervisor/administrator make a cutting remark about your or anyone's race, age, religion, political beliefs, etc. If it's in writing (by the prejudiced person in their handwriting), even better. Sometimes computers of persons accused of something can be confiscated, but that is very difficult to get because:
A. you'd need a warrant from a Judge
B. someone could have hacked into it, removed the remark, or even placed it
If your state has "at will" hiring and firing policies, that will obviate any attempt to get your job back. The question I have, is why would you work there again?
Obviously they would want to fire you again, and be watching every move you made, or have someone possibly lie about you, for his/her own advancement.
One of the hardest things with which I had to deal, when I lost jobs (due to age discrimination) was the loss of coworkers who had become friends. They were afraid to stay in contact with me, and I didn't want them to lose their jobs through association with me....... Of course other things that made it so hard, was the humiliation, shock, and realization that this could even happen!
Leaving those short lived positions off my resume frightened me, as omissions, if discovered, can bite you back. Also, once you're oriented to a position, it's so much easier to do your job, than having to start over in a new one.
I made the above points in case anyone has the belief that someone gets over this kind of experience. For the past 14 years my age has been daunting (once it was discovered through filling in and submitting applications for health insurance benefits, which require your full birth date, and are required, even if you don't want their health insurance!).
So, I get malpractise insurance, even though I'm officially retired (but still wanting to work - I have denial issues). Good samaritan laws have changed in some states, leaving a nurse who stops to assist someone who has fallen, vulnerable to lawsuits and/or loss of license if there was neglect/inadequacy
to perform properly. Speaking of changes, I read in yesterday's NY Times, that the Supreme Court, with its "conservative" majority, just made it more difficult to prosecute an employer for age discrimination by removing one of the requirements. While I wish the decision hadn't been made, I do agree that no one should be liable for proving what they didn't do (prove the termination wasn't because of discrimination against the age of the employee).
So, new grads and others, be aware that you need your own insurance in case you're sued; and that your employer's representation covered by their insurance, won't necessarily protect you, if its in the best interest of the employer, to separate from you, by legal strategy, to win their case. Life can be unfair. Know, too, that it's your rapport with patients and their families that can save you, sometimes. Let no unguarded remark(s) to them, render you exposed to their ire.
We're in our profession to provide comfort and support, and to assist in getting patients to ambulate, cough, etc. or other painful things, when they don't want you to do the latter. Renouncing them for what you think (negatively) of them for their resistance to do things, usually won't get them to do it without ill will. Praise and pillows helps get them to deep breathe and cough, rather than threats of possible pneumonia. Doing comfort measures shows that you're on their side(s).
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