|
Easy. Notify attorney IN ADVANCE (as in right
now!) that your vacation is in February, from whatever to whatever, and that you
will not be available for deposition during that period. He'll
reschedule. It's pretty common for the attorney to be real nice to the
witnesses. (oh, please remember that I am not licensed in either your
state or mine to practice law, ok?)
Corey.
----- Original Message -----
Sent: Thursday, November 20, 2003 10:45
AM
Subject: RE: Insurance Coverage for the
MDS Co-ordinator
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]
home email is
[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:
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]
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 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 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?
|
