I have an idea about a nursing business. I am afraid to do this without concrete clad protection. If I got a lawyer to create a contract that my customers would sign before accepting my services, do you think I would still be safe? For example, I am thinking of helping patients set up meds for a week. If I set them up correctly (and my only responsibility is to get them in the correct portions at the correct time) and THEY mess up how they take them, can I be protected from responsibility? I mean, they chose HOW they took them. I only doled them out in the containers.

Sher:

I don't know beans about medical law; this is something only a medical attorney would be able to help you with for sure. I'd also check with your state's laws regarding the dispensing of medications; even if it's from the patient's own home, you could run into issues/possible blame. Check with an attorney regarding the possible legal ramifications for taking responsibility for doling out the medication and then walking away from it. I have no idea how you'd be affected...seems safer to hand the medication directly to the patient rather than there being a chance something could happen later, when you're not there. What if the patient forgot to take the meds, moved them, found them later after taking the current meds, took them and had an adverse reaction? Or, had an adverse reaction from not taking their meds on schedule.

Definitely sounds like input from a medical attorney, to get these types of questions answered, is in order.

Getting a lawyer to draw up a contract is a good idea. But, if you've got any assets or a liablility policy - it won't keep you out of court. It will just enhance your chances of succussfully defending a claim.

This is what sucks about our current business climate. We used to be the "land of opportunity" - now we've become the "land of opportunity to sue the crap out of someone." I've own and manage my own business, it's unbelievable the kind of things I've gotten sued over.

I can say with great certainty that if you practice any level of home health care, you will eventually find yourself defending a suit. Doesn't mean you shouldn't do it - and definitely take all the precautions you can. But, unfortunately in todays business climate; if defending litigation bothers you a lot- you shouldn't be in business.

The worst part about our "sue-happy" climate in the US is that consumers want to sue to get rich, businesses spend money to protect from liability suits, the money goes into the coffers of insurance companies, and in event of an excessive judgment against someone, there is no guarentee of payment, but there may be a guarentee of bankruptcy of the defendant.

In the wings, waiting for a decision are a handful of legitimate complaints, and they will appear as any other more frivolous suit.