Author Question: Following are suggestions for consulting and collaborating with attorneys. Which are not correct? ... (Read 37 times)

leilurhhh · **on:** Jul 8, 2018

Following are suggestions for consulting and collaborating with attorneys. Which are not correct? Select all that apply.

a. Look them straight in the eye and try not to worry about costs.
b. Be attentive and don't 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

Identify the reasons nurses may need to carry their own malpractice insurance. Select all that apply.

a. their institution's insurance may not cover them if they fail to comply with its policies and procedures.
b. nurses are being named individually in lawsuits.
c. their institution may fail to cover them if they acted outside the scope of their employment.
d. nurses are being considered easy targets for lawsuits.

annierak · **Reply #1 on:** Jul 8, 2018

Answer to Question 1

A, B, C
In the event that you as a nurse are named as a defendant in a malpractice case, it is important to understand some criteria and guidelines when working with attorneys. LaDuke (2002) noted a number of helpful suggestions: 1) keep costs sensible (expenses should be explained up front and sometimes a retaining fee is paid), 2) be attentive (read the documents your attorney provides), 3) set your own course (insist on a collaborative relationship with your attorney for the duration of your case), 4) retain a specialist (professional malpractice, professional disciplinary proceedings, and employment disputes require the expertise of a specialist in those areas), 5) DO notify your insurance carrier as soon as you are aware of a real or potential liability issue, and 6) weed through the writing (your attorney needs to explain all facts and opinions).

Answer to Question 2

A, B, C
Some reasons why nurses may consider carrying their own malpractice insurance pertain to an employer's liability coverage that might not protect them if it is found that they acted outside their scope of employment (e.g., NAP 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 be advantageous for a nurse to be assured of a sound defense independent of the nurse's employer.