As a Nurse, You May Be Named as a Defendant in a Lawsuit

A Cincinnati couple is suing companies and health-care workers they insist were more concerned about making a profit from the organs and tissue of a dead teenager than respecting the wishes of grieving parents. A RN is a named defendant in the lawsuit.

The couple said they filed the suit because they don't want other families to suffer the trauma they did when their daughter's eyes were taken without permission.

http://news.enquirer.com/assets/AB11015366.PDF

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Unless these nurses have their own professional liability insurance policy, they will depend on the defense and legal representation provided by their employers. Having your own legal counsel provides you with a voice because your interests in the lawsuit may not be the same as the interests of your employer as the litigation and discovery process unfolds.

Its an uncomfortable position especially when you are named defendant and you don't have your own professional liability insurance. Also depending on the resolution of the lawsuit or maybe even before the resolution of the lawsuit, the nurses may be investigated by the Ohio Board of Nursing if the family files a complaint against the nurses.

Comments

[Jonathan Rosenfeld]

All nurses should ask their employer about the type of insurance coverage they care and the limits of coverage. Most nurses are covered under the facilities (hospital, nursing home, temp. agency, or clinic) general liability policy. For that reason, it is usually the exception, rather than the rule that nurses get named individually in a lawsuit. Lawyers tend to name nurses individually in situations where: the nurse is no longer employed by the facility, there may be conflicting accounts of an incident and (unfortunately) to shake nurses up a bit to get them to put blame on more accountable (and deeper pocketed) doctors. Bottom line is that insurance coverage should be a necessary inquiry, but fortunately not a controlling factor in choosing where to work.

Jonathan Rosenfeld
Chicago, IL
http://chicagonursinghomelawblog.com