[DYSPHAGIA] Liability

[justjanet@uswest.net (justjanet@uswest.net)]

Hi all,
Liability insurance is one of those things that I have off and on thought about
but never really got around to looking into since I didn't really want to spend
the money. Recently I had a situation at work which really made me realize that I
had better protect myself. Basically, one of my patients passed away and the cause
appears to have been that my recommendations were not strictly followed. This
patient's swallowing really was not bad but the pt was one of those impulsive
people who would take a big bite, partially chew, take another big bite, partially
chew, take a gulp of liquid & then try to swallow all of that together. This pt
could swallow just fine as long as was cued. MBS showed that pt would only
aspirate (very large amounts) when eating/drinking in this manner. Very sad
situation because the CNA did supervise while the pt was eating, then walked out
of the room to get the pt more to drink. While the CNA was gone, a physician found
the pt & it was too late. The pt had aspirated and/or choked to death. This was a
pt that I enjoyed working with very much so it has been a bit heart breaking. I
know I did not do anything wrong. My recommendations were appropriate and I had
documented thoroughly, including documenting nursing education, etc. There was
even a cosigned physician order that pt must be supervised during all meals. So,
again, I did everything I could have done. My issue is that I have spoken c
several friends who are attourneys and they tell me that even when you've done
everything right, lawsuits can be initiated before that is determined & then you
will still need representation to represent you through that process. So...I think
I will take this unfortunate situation & use it to motivate myself to buy some
peace of mind. I know I am covered under the facility's policy, as we usually are.
But I also know there are limitations of that. For example, if a facility tried to
turn around and point their finger at the SLP & say it was the SLP's fault, then
we would not be covered at that point under most policies. Anyone have any input
on this issue? If any of you carry your own separate policy, which company do you
use? How much do you spend?

Thanks for any input.



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