11 replies to this topic

[mattsmom]

28 year nurse here and never been involved in a lawsuit... so far. Now I get this in the mail...the papers attached reference 'if we decide to file suit'. So...I am guessing this is a fishing expedition to see who may point a finger at other involved healthcare providers...to assist in a suit???

Anybody heard of this or received notice of same? I am asked to respond in 90- days and am uncertain as to how to proceed.

Mattsmom

[NurseChat]

I'd strongly suggest you consult with an attorney, who can best advise you as to your rights and obligations. You don't want to be inadvertantly supplying the other side with info that might be used against you.

[aussie-margaret]

If this were me - in Australia - I would immediately ring the union (NSWNA), and they would take things from that point, advise what to do and say and view any paperwork that was for submission.

[mattsmom]

Thank you both for your input...I have sent the notice to a nurse attorney I know. I will let her respond on my behalf and follow the situation. It is so frustrating to have your decisions attacked as a nurse, when you've done the best you can in less than optimal conditions. Hopefully nothing will come of this, but it still hurts.

[NawlinsGirl]

Hi Mattsmom,

You did the right thing by turning it over to someone who knows the legal aspect of these situations. I can only imagine what you are going through knowing that you did your best to take care of someone and this is what you get in return. I think we have to look at the overall good we do for people and just try to accept the fact that we cant please everyone. I hope it works out for you. Please keep us updated........................................NAWLINSGIRL

[mattsmom]

Thanks for your reply and support. I should be happy I dodged a bullet this long, as I have lots of nurse friends who HAVE been involved in suits. This particular state has the highest nurse sue rates in the US, sadly. Also my nurse attorney told me a few years back she saw a trend: sue everybody involved in the case, not just the doc or the hospital.

With more and more nurses purchasing liability insurance, we will be seeing more lawsuits against us I'd wager. If there's $$$ to be had...

[jan/spn]

My husband is an engineer who invents/designs machinery. He has been involved in several lawsuits regarding noise (as if machinery can be built out of foam rubber).

Sue everybody is known as "The Deep Pocket Theory" were basically they hope everyone's insurance will offer an out-of-court settlement.

Wishing you luck and all of us in the future.

[mattsmom]

Hi Jan....Yes...the old Deep Pockets Theory...LOL! My own pockets are very shallow!!! The hospital attorney will defend the staff and I will likely be under that umbrella, as i did nothing the other 6 staff nurses did not do in trying to help this patient. I no longer work for that facility or even in that state. I also do not have liability insurance so my nurse attorney thinks they will just go for the docs and hospital (the deep pockets). Wish me luck and thanks for everyone's support. If they decide to sue me personally (which my attorney doubts will happen) one can't get blood out of a turnip afterall.

[ladybugj]

do you think if you had personal liability insurance, you would be sued personally as well as thru the hospital? i have just received an application for insurance and was thinking i should really get around to it, you can never be too sure and school scares the crap out of you that you will be involved in a law suit at some point in your career. now i am wondering if it could potentially cause more harm, giving the other people more ammo or reason to make it personal. our hospital does have a very good/supportive union. what should i do? what should i consider before applying for this insurance?

[mattsmom]

Hi Ladybug...its a personal decision to get liability insurance. Its a peace of mind thing with many nurses in today's hectic practice environment, where mistakes can and do happen. The unfortunate outcome of nurses carrying it is lawyers go after it. But...if it helps you sleep at night, get the insurance. that's my 2 cents!

[rottmommie]

Really though, they have to KNOW you have the insurance to go after it. I sure would not volunteer information.
If I have insurance, it is my business. I would never let anyone else know this information, but nice to have in case.

[mattsmom]

The plaintiff's attorney finds out during the discovery process who has insurance and who doesn't. Hopefully they will forget about little old uninsured me then. LOL.