Archive for October, 2012
Private duty nurses fall into a special category. They are licensed, trained nurses, who work with one client in a hospital, nursing home, or alternative setting. They may be independent contractors, and work through a referral agency, or they m
ay have their own nursing service.
If you were the victim of medical malpractice by a private duty nurse, you may find it difficult to pin down liability or recover your damages. When a private duty nurse works through a referral agency, the agency’s only responsibility may be to verify that the nurse is licensed by the state. Legally, the private duty nurse is your employee. You hire the nurse, and he or she works directly for you.
Since private duty nurses are not employees of the referral agency, your doctor, or the hospital, in most instances, they cannot be held responsible for the nurse’s malpractice. Furthermore, in some states, private duty nurses are not required to carry medical malpractice insurance or assets to satisfy a malpractice award. You might be able to file a claim against the referral agency, if you can show that it failed to screen its nurses properly and sent you someone, who was unqualified or had a bad record. But, as a rule, your recourse may be limited, if you are the victim of medical malpractice by a private duty nurse you have hired.
Every year, thousands of victims of malpractice suffer, by not getting the compensation they deserve. If you have been a victim of malpractice by a private duty nurse, do not hesitate to contact JD.MD, Inc., today.
We can provide you with a Comprehensive Screening Report, an initial evaluation of your case, by a qualified Nursing Reviewer. Contact our office at 1-800-225-5363 and gain some peace of mind.