Corey
This past meeting was an informal fact
gathering type. I am the “star” witness for the facility.
The state is Maine and the employer is “at will
employment”.
I will subpoenaed later this month.
The court date will probably in Jan/Feb. Just my luck it will be during
my Feb. vacation!!! Yes, I am speaking with my insurance company.
Hope to hear from you again!!!!
Cathy Petros,RN
[EMAIL PROTECTED]
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-----Original Message-----
From: cmdg[EMAIL PROTECTED]
[mailto:cmdg[EMAIL PROTECTED] On Behalf Of Corey
Sent: Wednesday, November 19, 2003
3:36 PM
To: cmdg@aanac.org
Subject: Re: Insurance Coverage
for the MDS Co-ordinator
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?
----- 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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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
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-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Cathy
Petros
Sent: Friday, November 14, 2003
1:25 PM
To: [EMAIL PROTECTED]
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
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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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