Author Question: A nurse is asking a more senior nurse for suggestions regarding consulting and collaborating with an ... (Read 108 times)

james9437

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A nurse is asking a more senior nurse for suggestions regarding consulting and collaborating with an attorney. Which combination of suggestions by the senior nurse for consulting and collaborating with attorneys would be correct?
 
  a. Choose an attorney from the yellow pages and keep costs sensible.
  b. Be attentive and do not set your own course.
  c. Retain a specialist and do not notify your carrier of a possible liability until you are sure.
  d. Weed through the writing and set your own course.

Question 2

A group of newly hired nurses ask a nurse manager if they should carry malpractice insurance. The nurse manager tells them that there are a number of good reasons for nurses to carry their own malpractice insurance.
 
  Which of the following would not be included? a. Their institution's insurance may not cover them if they fail to comply with its policiesand procedures.
 b. Nurses are being named individually in lawsuits.
  c. Their institution may fail to cover them if they acted outside the scope of theiremployment.
 d. Nurses are being considered easy targets for lawsuits.



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Answer to Question 1

D
In the event that a nurse is named as a defendant in a malpractice case, LaDuke (2002) has the
following suggestions for consulting and collaborating with an attorney: keep costs sensible (expenses
should be explained up front and sometimes a retaining fee is paid), be attentive (read the documents
your attorney provides), set your own course (insist on a collaborative relationship with your attorney
for the duration of your case), retain a specialist (professional malpractice, professional disciplinary
proceedings, and employment disputes require the expertise of a specialist in those areas), DO notify
your insurance carrier as soon as you are aware of a real or potential liability issue and weed through
the writing (your attorney needs to explain all facts and options).

Answer to Question 2

D
Some reasons why nurses may consider carrying their own malpractice insurance include the fact that
an employer's liability coverage may not protect them if it is found they acted outside their scope of
employment (i.e., UAP who started an IV) or failed to comply with facility policies and procedures. In
addition, nurses are being named individually as defendants more frequently, and it would behoove a
nurse to be assured of a sound defense independent of their employer.



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