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.
