Malpractice, is it too late for insurance?

[RNrightnow]

I have started a new job in a different state than my previous place of employment. Since starting my new position I have been told to get malpractice insurance so I have JUST BEGUN to look.

Today I received a love letter aka notice that my previous employer and all of those involved in a listed patient are being sued for malpractice. Imagine my horror. The patient at some point during her hospitalization developed an bedsore on her sacrum and one on her right heel. I do not remember the patient as it was over a year ago. I know that during my care of the patient I did everything necessary for the patient, including turning bathing and personal care, however I cannot say that for all my co-workers.

So here comes the question portion..

Is it to late to get malpractice? I think no for future possible incidences, but what about this one? Will the malpractice insurance cover this if I get it now?

The notification letter said I have to self identify with my board of nursing, is that true? I read through the NJ board of nursing that says I have to identify and that my employer (former employer) should have sent them the same information I received.

So do I still self identify, and if so do I have to identify with my other boards of nursing which I am licensed?

Should I get a lawyer? I'd rather get a lawyer or talk to one about this incident just to cover myself. As the saying goes better safe than sorry. Second part of that how much can I trust my former employer's lawyer?

Disclosure I was not fired and did not leave my previous employer for anything other than they where terrible to work for, and I do not expect for this to be the last love letter from them considering the conditions for which my former employer finds acceptable. Not only that but because some of my former co-workers did not do their jobs.

THANKS FOR ALL AND ANY HELP!!!

[Boomer MS, RN]

It is too late to buy malpractice insurance now to be covered for a malpractice incident in the past in which you are named. I always carried it, but there are differing opinions about whether it is absolutely necessary. So whether to buy it from here forward is your decision. I recommend it though.

Your previous hospital's legal department will contact you to interview you about what you remember, what happened, what your charting shows. You may or may not have to give a deposition (with plaintiff's attorney) under oath. I feel that the hospital cares most for itself, and I've heard "stories" of hospitals throwing staff under the bus. I do not mean to scare you. Lawsuits are very complicated and can drag on for years. Sometimes those initially named are dropped from the suit, and sometimes cases are settled before anyone going to court and having to testify. I would not trust any hospital notifying the BON. Take control yourself re: whom needs to be notified, i.e. Boards of Nursing. Speaking with a malpractice attorney may not be a bad idea, especially if it helps you sleep at night. He/she can guide and give you good advice. At such an early stage, I do not know if you will need anything more than an initial attorney consultation.

There is a poster here (Risk Manager) who is well versed about such situations and will probably join in soon with some sound advice. Good luck to you.

[elkpark]

You definitely cannot buy any insurance that will cover you retroactively for the incident that has already occurred. You can purchase insurance that will cover you going forward, but you will need to answer questions about whether you have ever been named in a suit and the outcome of that action (same as, when you apply for auto insurance, you get asked about any automobile accidents/claims).

Hugs and best wishes (for your situation with your previous employer)!!

[RNrightnow]

I did get malpractice insurance for what may lie ahead. I spoke with the lawyer from my previous employer and the board of nursing who both were reassuring that due to the amount of people named in this claim and they type of claim that it is, it will most likely not affect my license (Relief). I called my new employers HR to inquire about reporting it to them and the state board of nursing for the state I am currently practicing. I'm awaiting response from them. The lawyer I spoke with who is employed by my previous employer almost made it seem like no big deal. She stated that she did not know who over 30 people where named in this claim.

[Boomer MS, RN]

I did get malpractice insurance for what may lie ahead. I spoke with the lawyer from my previous employer and the board of nursing who both were reassuring that due to the amount of people named in this claim and they type of claim that it is, it will most likely not affect my license (Relief). I called my new employers HR to inquire about reporting it to them and the state board of nursing for the state I am currently practicing. I'm awaiting response from them. The lawyer I spoke with who is employed by my previous employer almost made it seem like no big deal. She stated that she did not know who over 30 people where named in this claim.

Good to hear. Hope you were able to read Risk Manager's (poster here) comments. Unfortunately that is how some malpractice lawsuits go, naming everybody. And then things change....Best wishes to you.

[AgentBeast, MSN, RN]

Sounds like a fishing expedition by the plaintiff's legal team.