Published
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!
OMG! I am so happy for you that your unit secretary kept her morals and scrupals intact, I hope they dont target her next, she may have protection from the state if she tells them she was retaliated aginst for NOT falsifying her original statement. Let her know she may have legal protection IF she gets fired.LTC , what an ethical business,hey?
I can only add what others have already said: Your employer's insurance will only cover your employer (and you will become the sacrificial lamb if it helps your employer). Anybody can get sued, and the plaintiff's lawyer won't even know if you have insurance - or how much - until after the suit has been filed.
I just have one question for others with insurance: is there a carrier other than NSO? For reasons I don't care to go into here, I would prefer anything but NSO... in fact, I used to have coverage from a different company that has since gone out of business. Let's just say NSO's customer service leaves much to be desired.
Thanks for any info or recommendations,
DeLana
DeLana
Do a search on malpractice threads. The other one or two carriers have been listed several times on this board. Can't remember them right off hand.
Just wanted to add: even if your employer states that they are covering you during a suit, that is a situation that can change in a minute. In the end, they represent the employer, and the employer only. So get your insurance before you need it. When the suit has started, that is too late.
Suesquatch
You are so fortunate. And the unit clerk is quite an individual to stand up for you. She is a rare person.
http://www.nursingceu.com/courses/147/index_nceu.html
Anyone questioning having Liability Insurance needs to read this ceu article. I have also had to deal with bon issues and didnt have the insurance. If I had it most likely wouldnt have been an issue and I could have fought it. Not having the insurance puts you in a position that you may have to just go along with the bon recommendations and suffer it through. I learned my lesson the hard way. If you are also accused of something within your profession it will cover usually up to $20,000 for your attorney, thier attorney, all the depositions etc. I wouldnt go without it as it's not the families potentially sueing you to be afraid of its disgruntled co-workers, poor management and other person(s) to be aware of. Most families dont have a clue you have your own insurance, thier going to sue you with or without it if they are determined as usually it's the hospital and the doc they are going after unless you have made a truly nasty mistake on thier part.
I can only add what others have already said: Your employer's insurance will only cover your employer (and you will become the sacrificial lamb if it helps your employer). Anybody can get sued, and the plaintiff's lawyer won't even know if you have insurance - or how much - until after the suit has been filed.I just have one question for others with insurance: is there a carrier other than NSO? For reasons I don't care to go into here, I would prefer anything but NSO... in fact, I used to have coverage from a different company that has since gone out of business. Let's just say NSO's customer service leaves much to be desired.
Thanks for any info or recommendations,
DeLana
Yes. Just Google it. Or call some local insurance brokers or even a couple of medical and nursing malpractice attorneys and see if they can help you.
Thanks, all.
To be clear, the facility filed charges against me with the state to cover their own incompetent butts. The point is that had the state NOT exonerated me I'd now be fighting for my license and, with no malpractice insurance, without money for an attorney. And sure as heck the facility wouldn't be backing me up since they're the {expletives deleted} who went after me to start with.
banditrn, I was just glad to be gone but at this point yes, I am considering suing. Need to find a lawyer, though, and a good one without connections to this place is hard to find.
Very simply, a resident complained of having something stuck in her throat. She had a patent airway, was talking, and trying to cough. I do not like to suction because it's traumatic. She was 87, extrmely fragile, and I had been telling my charge for weeks to downgrade her texture and place her with the feeders. An aide and the meds nurse - 20 years experience, the DON's DIL - decided she was choking and suctioned her. Sent her to the ER for a chest xr, they send her back. I go home. She dies that evening. I come in the next day and I'm fired. Diagnosis was aspiration pneumonia - clearly something that didn't transpire between lunch and 11 pm that same day.
If you don't like NSO find another carrier. And don't listen to ANYONE who says not to have it.
Our nursing instructors have stressed it is very important to carry your own malpractice insurance. They have told us that if something should happen the hospital is going to protect itself and not you as a nurse. The insurance is for you to protect yourself against the hospital or the nursing board. The instructors have also advised us not to let anyone know you have malpractice insurance.
most (all?) malpractice insurance policies will also pay for a lawyer to represent you in front of the bon.
so in this respect, yes they will help protect your license.
RN4NICU, LPN, LVN
1,711 Posts
Another thing to keep in mind - for those who may still be holding out on getting their own insurance policy - is that if the facility fires you (as happened in Suesquatch's case), the facility's insurance may no longer cover you.