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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.

Let us say that you were badly injured in an automobile accident and taken to a hospital ER, where the doctor said the hospital was not equipped to treat your injury and told you to go to another hospital. The delay caused serious complications. W

as the refusal to treat you malpractice? No. A hospital does not have to accept patients it is not equipped to treat.

A hospital not only does not have to accept a patient that it is not equipped to treat, but it is medical malpractice for it to do so. If you were admitted to a hospital’s ER, and it was later found that you had a bad result, because the hospital did not have the right specialists available, or the necessary equipment to treat your condition, you could sue for medical malpractice.

In a Florida case, a man suffered a ruptured spleen and an eye injury in a fall. He was admitted to a general hospital, where his spleen was removed. Because the general hospital did not have the equipment to treat his eye injury, his doctor ordered him transferred to a specialty hospital that treated only eye cases. When he arrived at that hospital, the ER physician refused to admit him, because the specialty hospital had no facilities to care for the major abdominal surgery he had undergone at the general hospital. The patient was returned to the general hospital, which readmitted him and kept him for another month without any treatment of the eye injury. The patient lost the eye.

When this man filed a lawsuit, the court said the general hospital was not guilty of medical malpractice for transferring him, because the general hospital could not treat his eye injury. And, the specialty eye hospital was correct in refusing to accept him, because it was not equipped to handle a serious abdominal case. However, it found the doctor and the general hospital both guilty

of medical malpractice for allowing him to return there when they were not equipped to treat the eye injury, and there was a nearby university hospital that could have cared for both injuries.

     
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