Legal liability of LNCs is limited; attorney likely a shield

by • May 1, 2008 • UncategorizedComments Off on Legal liability of LNCs is limited; attorney likely a shield1504

By Beth Zorn
Co-moderator, LNCExchange

OPINION: For those of us who work in-house, the law firm is vicariously liable for our conduct and work product. If one of our clients were to bring a “legal malpractice” claim (i.e. the statute of limitations expired on our watch) against our firm arising in whole or part due to the actions of one of our LNCs, our firm’s legal malpractice insurance policy would kick in.

Nurses who work independently for lawyers cannot rely on traditional “nursing malpractice” insurance policies because once a nurse gets completely outside the realm of the delivery of healthcare, we are not practicing nursing as defined by state law — we are using our medical knowledge in a business setting.

Thus, most independent LNCs seem to opt for “errors and omissions” policies just like other consultants. NSO is an example of an insurance carrier…

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