My 2 Cents

Guess What? Nurses Are Sued by Former Nursing Employers

I was contacted by another nurse who is being sued for breach of contract by a former nursing employer.

This is the 2nd or 3rd time this year I have been contacted this year by a nurse being sued by a former employer for breach of contract related to an employment agreement.

Just a few thoughts:

1. Each of the nurses who contacted me DID NOT have professional liability insurance. Guess what, you are responsible for the costs and fees related to your legal defense and its costs money to retain an attorney. Are you seriously going to try to represent, counsel, and advise yourself in a civil matter where a preliminary injunction has been filed, the case will be arbitrated pursuant to the employment agreement by the American Arbitration Association, etc?

2. You should not sign an employment agreement without having it reviewed by your own attorney first. Let me rephrase this, Why would you sign an employment agreement without having it reviewed by an attorney first?

Guess what, it costs money to have an attorney review a contract. Some attorney will charge you a flat fee to review an employment contract and meet with you to discuss your options and the terms and conditions in the contract. Don't just go off "willy nilly" and sign an employment agreement thinking that the chances of your employer or former employer suing you are miniscule. No sir re Bob!

3. If you receive correspondence from a former employer's attorney, don't blow it off. Schedule a consultation with an attorney to discuss your options. Guess what, it costs money to have an attorney consult with you. Some attorneys charge a flat fee consultations.

4. You really place yourself at a disadvantage when you don't have your own professional liability insurance and you are named as defendant or a complaint is filed against your license unless you can afford to retain an attorney "out of pocket." 

Amicus Brief in California Board of Registered Nursing Case

See this Amicus Brief filed in Board of Nursing licensure cases in California:

http://www.taana.org/content/documents/amicus_brief06-2008.pdf

Do you agree or disagree with the brief?

What Happens if You are Served with a Subpoena for a Deposition

I was contacted by a nurse who was served with a subpoena for a deposition in a medical malpractice case. The nurse provided care to the patient.

The nurse doesn't have professional liability insurance. The deposition is scheduled for this month.

The nurse isn't a party to the lawsuit however of she is concerned about protecting her interests and not incriminating herself. She of course is nervous. She wants to hire legal counsel to prepare for the deposition and attend the deposition with her.  

Guess what? She will have to retain her own legal counsel. Why?

1. She doesn't have her own professional liability insurance. A policy like the one available with Nursing Service Organization (NSO) would provide reimbursement for attorney representation at the deposition. See www.nso.org. (I am not in any way or fashion affiliated with or employed by NSO).

2. Her former employed was not named as a defendant in the lawsuit and has no obligation to provide her with legal representation or the services of its legal counsel for the deposition.

Consider purchasing your own individual professional liability insurance policy. Like other forms of insurance, you don't need it until you need it but when you do need it, its there.