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Cathy:
Contact your own insurance
company, notify them, with case name, number and court, as well as plaintiff and
plaintiff's attorney. Should be available to you ( since you were spoken
to by the defense attorney. Was a court reporter there, or a tape
recorder? If yes, you should be able to get a copy of the print-out or
tape.) It is very unlikely you will be involved as a defendant
as it sounds as if the company you worked is
being sued. You may be questioned by the plaintiff, but it's somewhat
unlikely.
Also, what state did this occur
in? Quite a few states, especially mine, Michigan, make it almost
impossible to meet the requirements for an "unlawful dismissal" suit to
win. Up here, it's "at will employment", and either side may decide to
quit the other. On the other hand, that doesn't stop the facility from
essentially black listing you with their references!
By the way, do you have email
where you do not work?
Corey
----- Original Message -----
Sent: Wednesday, November 19, 2003 8:31
AM
Subject: RE: Insurance Coverage for the
MDS Co-ordinator
Guess What Folks!
I spent 6.75 hours in front of my old
facility�s lawyer yesterday. They are being charged in unlawful
dismissal by my predecessor there. I filled in for her and discovered
many errors, etc. I eventually assumed the position full time. So
now the games begin. Yes, I have my own insurance and will be contacting
them today. I was the only person in that facility who knew the MDS
process, legalities, etc. Their lawyer told me I did not need a lawyer
as it is a civil case. I now assume they will not represent me even
though I was their employee at that time. I will be calling the
Administrator today to learn more about everything.
Cathy
Petros,RN
[EMAIL PROTECTED]
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-----Original
Message-----
From:
cmdg[EMAIL PROTECTED]
[mailto:cmdg[EMAIL PROTECTED] On Behalf Of Cathy
Petros
Sent: Friday, November 14, 2003 1:25
PM
To: cmdg@aanac.org
Subject: RE: Insurance Coverage for the
MDS Co-ordinator
WOW!!!!!
What an
eye opener you are. I have often pondered this question. I am one
of those do all MDS coordinators. It is quite frightening to consider
the legalities you have mentioned. I do have my NSO malpractice
but�����.. Sometimes we just do things and never really consider
the nitty/gritty parts of the entire package. Thank
you for
pointing this out to all of us. I am once again so grateful for this
wonderfully, supportive group!!!!
Cathy
Petros RN
[EMAIL PROTECTED]
This e-mail, and any
attachments there to, is intended for use by the addressee(s) named herein,
and may contain legally privileged and/or confidential information. If
you are not the intended recipient of this e-mail, you are hereby notified
that any dissemination, distribution or copying of the e-mail, and any
attachment thereto, is strictly prohibited. If you have received this
e-mail in error, please immediately notify me by telephone at 207-866-4914 and
permanently delete the original and any copy of any e-mail and any printout
thereof.
-----Original
Message-----
From:
[EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Corey
Sent: Thursday, November 13, 2003 6:23
PM
To:
[EMAIL PROTECTED]
Subject:
Insurance Coverage for the MDS Co-ordinator
I will assume that there are not
recently decided malpractice cases against MDS co-ordinators because I was too
lazy to drive out to the law library and look it up on WestLaw, and I'm too
cheap to have one at home. However, I will assume that the "case" would
be derived out of the alleged failure of the MDS nurse to adequately perform
the "duties" assigned to the nurse in regards to that patient. And that
then leads back to the slew of job descriptions swirling about the MDS
position. In some facilities, the MDS nurse only co-ordinates the actual
assessment done by other people, and signs that the assessment and care plans
were complete. I will, theoretically at this point at least, assume
limited responsibility to a particular patient. However, many of us are
performing assessments personally, filling in the form for other disciplines -
giving us at least a "look" at their assessment (and it's accuracy), holding
the care plan with the family, and writing the care plans for the unit
nurses. Many, many of us are responsible for updating the things every
three (3) months, or in some facilities, whenever the patient falls or
sneezes. In those cases, next to the doc, the MDS nurses is the care
planner and the person responsible for assessing it's provision and
quality. In that case, my $1, 000, 000 policy per occurrence doesn't
seem like such a good bet, but it's the best I can afford considering what I
am paid. (That's on top of whatever "policy" the facility claims to
offer me.)
----- Original Message -----
Sent:
Thursday, November 13, 2003 5:24 PM
Subject: Re:
November issue Nursing Homes
In a message dated 11/9/2003
6:52:52 PM Pacific Standard Time, [EMAIL PROTECTED]
writes:
1. Feature article is
about MDS and the legal implications ie
litigation��I know this is a touchy subject�but any legal experts out
there have an opinion on the �average� malpractice insurance policy
for staff nurses � is it adequate insurance coverage for the MDS
coordinator?
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