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Representation
If Sued
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"As
their professional roles expand, nurses are
naturally becoming more vulnerable to the types of
lawsuits that have plagued physicians for years.
Malpractice is the legal term for negligence by any
licensed professional. Case law began recognizing
nurses as professionals in the mid-1970s, and has
lately come to see registered nurses as "assertive,
decisive healthcare providers," according to a 1985
New York appellate court opinion."
[Nurseweek, May, 2000] |
With
the exception of advanced practice nurses in private practice,
and
the ever growing ranks of nurse entrepreneurs, most nurses
continue to
function as employees. While it has generally been the
accepted practice
of nurses to be covered under the umbrella policy of their
employer this gives
rise to potential conflicts of interest and may not be in the
best interests
of the nurses.
As
nurses increasingly find themselves named as individual
defendants in
medical malpractice cases, issues related to legal
representation arise.
Hospital nurses covered under the liability policy of their
employer find themselves represented by an attorney whose client
is actually the hospital.
The potential for an impermissible conflict of interest is
manifest under these
circumstances since the interests of the nurse are often quite
different from
those of the hospital.
Separate
legal representation is required if the representation of one
client
will have an adverse effect on the representation of another.
The divided
loyalties of hospital counsel present such a situation. Nurses
need personal
counsel to protect their individual interests.
For
example, discovery issues, including possible assertions of
privilege,
may be very important to the nurse personally but not very
important to
the hospital. In addition, situations may arise where the
hospital's trial
strategy reflects poorly on an individual nurse who feels
strongly that she
was not at fault. Or a nurse may be very interested in settling
a claim to
avoid personal exposure while the hospital would prefer to try
the case.
As
is mentioned above, a physician will often blame the nursing
staff for a
medical injury. When the physician is an employee of the
hospital or may be
considered an agent whose negligence will be legally imputed to
the hospital,
the interests of the nurses are frequently sacrificed.
The
mere possibility of divided loyalty should raise the question
whether
common representation is permissible. There is little doubt that
conflicting
interests among defendants in medical negligence cases are a
very real problem. The nurse's interests would be better
protected by personal counsel in nearly every case.
Providing
excellent nursing care may not prevent you from being named
in a malpractice suit, but having the sense to carry your own
individual professional liability insurance policy will
certainly help relieve worries about adequate representation as
well as help protect your best interests!
Helpful Resources:
Kaplan University's Online Legal Nurse Consulting Certificate
Your nursing education and clinical experience combined with the legal knowledge and research ability gained through the Legal Nurse Consulting Certificate will provide an abundance of career opportunities. Legal nurse consultants work with attorneys and other legal and health care professionals, contributing invaluable expertise to a myriad of issues including malpractice lawsuits, medical insurance claims, and workers' compensation cases. By obtaining a Kaplan University certificate, you can earn a lucrative salary or open your own legal nurse consulting practice.
Potential earnings range from $70 to $200 per hour for professional legal nurse consulting services and you can complete the certification program in 12 months without giving up your present job.
Become a Nurse - Paralegal
A paralegal degree in addition to your nursing background can open up the doors to significantly higher salary and even more exciting work. As a nurse - paralegal you will investigate the facts of cases and ensure that all relevant information is considered, identify appropriate laws, judicial decisions, legal articles, and other materials that are relevant to assigned cases, then advise attorneys in determining how cases should be handled. Learn how you can get an accredited paralegal degree online.
Earn A Law Degree Online
Concord Law School is the first institution to offer a Juris Doctor (JD) degree earned wholly online via state-of-the-art technology. Nurses, paramedics or other health care practitioners may choose Concord's specially designed Health Law Track within the Executive JDSM program to further their careers. Get A Free Catalog/Information
How I Became a Nurse Entrepreneur: Tales from 50 Nurses in Business
This book is very inspiring! Learn how 50 different nurses brought their vision to reality! Learn some great tips on starting your own business. Nurses don't have to just work at the bedside. Read this book and you will be thinking of how you can make your dream a reality!
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