Pick up Malpractice! They went after my license.

[SuesquatchRN]

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 and another nurse suctioned her.

I was accused of neglect and reported to the state.

I only found out about it because I got a letter back saying, and I quote, "There is insufficient credible evidence to support that you are responsible for the alleged incident." Thank goodness for my unit clerk, who refused to change her story after being requested to by the DON. She told him, "I told the truth, and I'm not changing it."

Luckily I was cleared, but if I had to be fighting right new - whew!

[Ayvah, RN]

Actually having insurance is discoverable. If yopu are called in to give a deposition which is done many times BEFORE the final suit is filed they can and will ask if you have private insurance. If you lie and say no then you have committed perjury. If you do carry the insurance you can be added as a defendant even after the suit has been fioled. Upuntill the time there is a settlement you can be added as well as possibly be sued seperately.

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?

[NRSKarenRN, BSN, RN]

the importance of professional Liability Insurance in managing risk

the information and knowledge gained should assist nurses in all clinical practice areas to take control and manage the risks within their individual workplace and nursing practice.

ceu credit no longer available, but good info. karen

the nursing risk management series:

these independent study modules are:

i: "an overview of risk management"

ii: "the rewards and risks of the functional aspects of nursing education, information systems and management" and

iii. "ethical issues and specific risk hazards faced by nurses in their practice."

http://www.nursingworld.org/mods/arc...2/cerm3ful.htm

[morte, LPN, LVN]

1) Perjury

2) Judges don't like it when people try to play games and hold back information. And you definitely don't want the judge to be upset with you.

If they're coming after you just because you have insurance, chances are the judge is going to see through that and rule in your favor. But, if you try to play games and aren't honest and up front with the court or during a deposition then ...

That's really going to hurt you. It's going to look deceptive and, quite frankly, it is. Then you'll end up looking like the villian who's trying to hide something instead of the two bit money grubbing lawyer who's hassling you just because you have insurance.

I've been in court enough to know that you do not, under any circumstances ... try to play games with a judge like that. You'll lose the case on that alone.

:typing

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...

[Sheri257]

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...

If that's what you want to do, go ahead. But don't be surprized if you lose or, even, go to jail.

I would not want to take that chance with any judge.

:typing

[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.

[sirI, MSN, APRN, NP]

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.

[Kyrshamarks, BSN, RN]

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.

[SuesquatchRN, BSN, RN]

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.

[P_RN, ADN, 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.

[morte, LPN, LVN]

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.....

[RNOTODAY, BSN, RN]

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?

[TazziRN, RN]

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.