legal worries

[calr]

i am working extremely short staffed, as we all are, and feel i cannot call "safe harbor" every shift. the hospital assures me that if a lawsuit comes they will go after the hospital not the nurse. i have heard from nurses that gave depositions that they want to know their assets. i don't feel the hospital will stand behind me and don't want to lose assets my spouse and i have accumulated. how do i protect my personal assets. i have also heard that i should not carry supplemental insurance as that will make me more of a target.... any advice?

[ILRN]

i have heard both sides. You are under the umbrella of the hospital, bu they can also hang you out to dry. Caught between a rock and hard spot. Depends also on your specialty. Do you have more risk?!?! L&D??

[nursinghumor]

If the hospital is sued, you'll be included in the lawsuit regardless. They'll included you as an employee so they can access the "deep pockets" of the hospital as your employer.

Having a personal malpractice policy has nothing to do with you being named in the first place.

Having a personal malpractice policy will guarantee that you have a lawyer looking out for your assets/interests (not the hospital's) at every step of the way.

It is not uncommon for a nurse to testify in defense of a hospital, and then find themselves being sued by the hospital to recover losses. It's called Subrogation and happens frequently.

This is one example:
October 17, 1999: Psychiatric Nurses "Miss" Festering Wound Infection? Is She Held To The Same Standard?
Summary: Registered Nurses in their training cover each of the accepted areas that a new graduate might be expected to work in. Once in the field, it is expected that additional and specific training to a Department or Specialty will be obtained. In this case, the Psychiatric nurses did not pick up on a festering infection in a patient that had tried to commit suicide. Was the fact that they were Psychiatric nurses a valid excuse?
Latshaw v. MT. Carmel Hospital, 53 F. Supp. KL - (1999)
http://www.nursefriendly.com/nursing...ses/101799.htm
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Having your own policy is the only way to protect your interests. When an plaintiff's attorney goes after the "deep pockets" who's do you think are going to be deeper? Your paltry 1/6 million or 1/3 million dollar policy or the one covering the entire hospital?

That's a no brainer.

Andrew Lopez, RN
http://www.4nursing.com