How to go about a private duty case so I am legally covered... - page 2

by Sehille4774

4,339 Visits | 13 Comments

Hey all.... I was looking for info or tips anyone might have for me. I have been taking care of a client for about 8 months...I guess I am basically the primary nurse on the case, via an agency. I carry my own liability... Read More


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    I was recently put in a similar situation but I didn't think the risk on my license was worth it. At 10/hr you are working as a babysitter not a nurse. And although you trust this family, if something were to go wrong they will have their loved ones back over yours. Unfortunately i dont think many liability insurances cover under the table work.
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    Quote from Sehille4774
    Hey all....I was looking for info or tips anyone might have for me.I have been taking care of a client for about 8 months...I guess I am basically the primary nurse on the case, via an agency.I carry my own liability insurance....The parents would like to be able to go out once in awhile in the evenings for a few hours...and have asked if me and one other nurse could cover those hours on the side, and they will pay me out of pocket.I'm not really worried about this....I know the patient well, all the emergency proceedures, ect.I am wondering if their are any other steps I can or should take before saying yes.....I would much rather find a more legitimate way to go about this then go under the table...For instance...do I write a note? lol.And where would I even put it?Yea I really have no idea what legal issues are involved here if any....which is why i am asking on this forum.Thanks!
    Just make sure that your not in a violation of agency policy, and if you have already fulfilled hours under contract there is no problem.
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    DON'T SAY YES!!

    You cannot have your cake, and eat it, too!! You work for an agency, the family hired the agency. That is the way it is. Basically all negotiations start with a contract. Look at the one the parents signed. It probably says that they can only deal directly with the agency for their needs for care for your patient.

    I have worked with client I got from the agency where I worked, AFTER THE AGENCY WAS NO LONGER INVOLVED, 2 years after her care from them had stopped, and I wsn't working for the agency any longer. Then she was free, as was I to take care of her on my own, as a professional registered nurse.

    Of course, her doctor formerly wrote that nursing services are needed and write all the meds, and care you should provide, in circumstances such as I described. You have to keep notes as before, and the parents need to sign legally that they want you to take care of their child, and exactly how many hours, for how much money

    Even though the care you'd be giving while the parents went out, seems like babysitting - it really isn't. It's still respite care, which is what they signed with your agency to have......
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    Trusting clients can lead you into trouble, and/or into a courtroom. Always get a written contract and doctors' orders. Then follow them. As professionals, we answer to higher powers and don't enter into casual circumstances with patients.

    I find it disturbing that any "nurse" would even consider doing what is proposed on this thread. Most of the comments are concerned with protection for the nurse, and there are concerns the parents need to consider, such as being in breach of contract (which the nurse would be, too).
    Not_A_Hat_Person likes this.


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