|
Funny about that... yesterday a family member
was complaining about a nurse that she didn't care for, and she told me she
thought the nurse ought to be "disbarred."
Heh.
Holly
(And we are following up appropriately, but I just
thought it was funny)
----- Original Message -----
Sent: Thursday, November 20, 2003 10:41
PM
Subject: Re: Insurance Coverage for the
MDS Co-ordinator
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?
|
