Protecting my license

BSNtobe2009 · Dec 1, 2006

I would probably call the Board of Nursing on that one.

Some states will hold you to the same legal standard of care as your highest level of training, and only they can answer if your state looks at it that way.

It's important for you to find out because if they do, and something should happen to the twins in your care, you are going to be held more liable than a regular nanny that has no medical training. So that is a liability issue for YOU.

P_RN, ADN, RN · Dec 1, 2006

I'd be wary. Check w/ your malpractice insurance co. Friends have a way of expecting the most of you, and you wouldn't want to have anything go amiss. I believe also the highest standard would apply, BUT check w/ authoritative sources as we are just guessing here.

1964RNfromTX · Dec 1, 2006

Make up a contract stating that you will be providing Nanny care only, and that any medical care must be performed at their PCP. Have them sign the contract and stick to it. If they truly are freinds, they will understand your concerns.

CHATSDALE · Dec 2, 2006

you are a nurse and your friends know that you are a nurse, therefore they will hold you to a higher level of assessment, care than a nanny

i don't think that you can sign away liability, you could be left holding a worthless piece of paper

if you have Liability Insurance on your own i am sure that it won't protect you in a private setting

yu have to look at the most negative side

BSNtobe2009 · Dec 3, 2006

you are a nurse and your friends know that you are a nurse, therefore they will hold you to a higher level of assessment, care than a nanny
i don't think that you can sign away liability, you could be left holding a worthless piece of paper
if you have liability insurance on your own i am sure that it won't protect you in a private setting
yu have to look at the most negative side

I totally agree, I don't think you can sign your liability away either.

1964RNfromTX · Dec 3, 2006

You should not have to "sign away your liability". If you are hired as an RN, then you work under your license. If you are hired as a Nanny, then your license should not be involved, any more than if you hire in somewhere as a waitress, sales clerk, etc. They are different jobs, with different requirements. As far as I know, you are not required to have an RN license to be a Nanny?

BSNtobe2009 · Dec 3, 2006

You should not have to "sign away your liability". If you are hired as an RN, then you work under your license. If you are hired as a Nanny, then your license should not be involved, any more than if you hire in somewhere as a waitress, sales clerk, etc. They are different jobs, with different requirements. As far as I know, you are not required to have an RN license to be a Nanny?

That is why she needs to contact the Board of Nursing to find out what her liability is....this would only apply if there was a medical emergency or an accident while the twins are in her care. It has nothing to do with her needing to have an RN to be a nanny...it has to do with the fact that if something should happen to a twin that requires medical attention...BECAUSE she is also an RN...by default, her legal liability may be different.

The laws vary from state to state, so that is why the BON needs to advise.

gauge14iv, MSN, APRN, NP · Dec 3, 2006

In Texas it wouldnt matter what the BON would say - I can tell you that any sharp attorney in the case of a liability lawsuit would definately make sure that the RN standard was applied. Period. Could that result in the loss of a license? Possibly.

For instance:

Baby goes bad on nanny's watch who isn't an RN - nanny calls EMS. Baby doesn't do well because nanny didn't initiate certain care but then she had no knowledge that she was supposed to or could have. The nanny could not be held liable for that.

However, if the nanny was an RN who DID have further training and additional knowledge, then the court and/or jury could find that she SHOULD have "known better" as it were and find her liable.

However - I know a lot of nurses who work as nannys or home health "baby nurses". How do they protect themselves? by working through an agency rather than relying on informal agreements with friends. I have known a few who worked individually for people as private duty nurses, and I have not known any who had problems except for one whose family accused them of stealing gramma blind when in fact it was the family doing it. Just be clear about your duties and both parties expectations I would say.