I was deposed regarding a liability case
Posted By: diddles on 2006-02-07
In Reply to: why would YOU get called into court? - sm
Patient only had a diagnostic test done where I worked. Family claimed it was from an accident. Insurance company bucked it saying it was congenital. My employer had to sue the family for nonpayment and because of that, the family's lawyer got a subpeona to have a disposition. I wasn't upset because I knew I had nothing to offer. The family's lawyer arranged to have it done where I worked (I was in charge of records Quality Assurance and for sending accounts to collections). The family's lawyer asked his mundane questions. The insurance company's lawyer kept trying to get me to say the ordering doctor ordered an unnecessary test. He finally asked me directly if I thought it was an unnecessary test. I looked him straight in the eyes and told him that I was not qualified to answer that as I did not have a medical degree and had no qualfication to state any test, procedure, etc., was every medically necessary. If he wanted a medical opinion, he would have to pay someone who was qualified to answer the question. He turned red and ended the whole thing.
What a total waste of time. 
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no liability on IC's because MT's dont' have liability
-- the docs do. I have yet to hear of an MT in court because of what she transcribed...so don't worry about the liability. Big panty wadder coming from insurance companies.
I wouldn't use lower case. I'd use upper case. Don't worry about it. nm
x
Liability
What company is this for?
What about liability???
Found a hard working young mom who desperately needs income. Told her I'd pay her $12/hr to help me get my home spring cleaned. But, I wonder about liability should she or her son (she needs to bring her 3 yr-old son with her) get hurt on my property. Or, heaven forbid, she stoops to the low road and scams me. I do not know her well and she seems relatively honest but I am paranoid.
Should I have her sign a waiver???
ESL's a liability?
Imagine if the messed-up phrase had been directly linked to some life-or-death decision, or an allergy to medication, peanuts, or whatever. Makes me wonder if hospitals & clinics have ever thought about the possibility legal trouble an ESL doctor can cause by not being able to speak clearly.
ICs and Liability
Does anybody know how liability is handled if a transcription mistake causes harm to a patient if the Transcriptionist is an "Independent Contractor?"
Is liability insurance one of the first things an IC must purchase? Does the MTSOs customer who hired the MTSO as an IC think it's a good idea to SUBcontract the transcription work to a subcontractor who may or may not be insured?
Speaking of ICs...I found the following link on the U. S. Department of Labor's website most interesting:
http://www.dol.gov/esa/whd/regs/compliance/whdfs13.pdf
It seems that a lot of transcription companies are illegally viewing employees as "independent contractors" when the criteria for such are not being met.
For example, if you hire an INDEPENDENT contractor to remodel your house, the contractor presents YOU with the contract, not the other way around. (Hint: The one who presents the contract must be the contractor!) The contractor presents you with the bill when the work is finished; you don't tell him what your "hourly rate" is.
You meet with him and come to an agreement as to price, what work you want done, and other things that both of you agree on.
However, you do NOT tell the contractor what tools they will use, what shifts they will work, or what equipment they will use to do the job. You can't say things like "I don't like DeWalt power tools. Go out and buy all Makita power tools if you're going to work on MY house."
Read what the U.S. Department of Labor says about Independent Contractors and how narrow that scope really is. Then, the next time a company hires you as an "independent contractor," act like it. Present them with YOUR contract and tell them what YOUR rate is. If they start talking about their cpl rate, then they're an employer, not your "customer." Remember, REAL ICs are the ones that bill for their work.
Virtually no liability as an MT...sm
you never hear about transcriptionists getting sued. You could just increase your homeowner's coverage to a 1 mil liability coverage - which would give you 1 mil liability for everything, not just getting sued as an MT. But I don't carry it and I don't know anyone who does. I have a small service and even when I sign contracts with hospitals that require vendors to carry insurance, they just write a line through that clause.
Liability Insurance
I carry a $1 million umbrella policy that covers basically anything that happens at my home or in my car, except weather and acts of God. This policy costs me $213 per year and I feel that it is well worth it.
somebody please help me liability insurance
i have a job offer that requires liability insurance. company is accuscribe. i have no idea where to go to get this insurance or how much it costs. i am really confused. somebody, please help me!
E & O Liability Insurance
E & O Liability insurance with AAMT runs $300 per year.
Do most IC's buy liability insurance?
I cannot afford to buy this insurance. Am I jeopradizing my home, etc.
I keep wondering if this career is worth it. I seem to put in so many long hours and do not get paid what I really put into it. On the other hand, I do get that freedom of completing the work when I choose and whether it is in my pj's or not.
Just wondering. 
Not what I understand -- tax liability
It doesn't matter whether you get a refund it is what your tax liability is, I think you have to have had a liability of over the amount, or paid at least that much as taxes for the refund. If someone does not have enough withheld but still pays over $800 a year in taxes, they should get something. But if your tax liability goes down to zero, and you get EVERYTHING back that you have paid in plus more, then I do not think you would get anything. But again, I am no expert but what I heard is that you had to have paid at least that amount into as taxes after filing.
Oops, liability is his.
x
E&O Liability insurance
I realize many of us think we do not need this insurance. Unfortunately, a local area hospital thinks I do to work for them. Someone had told me they got this through their home owners policy. Any ideas on how to do that? I'm not a member of AAMT. I checked into it before, and it was rather expensive buying it outright from an insurance company. Thanks. I need to find more work and, unfortunately, this is what this hospital requires.
It has happened to most of us. I just wonder what liability ICs have regarding this. nm
That's not true. You do not need liability insurance SM
I went through a similar situation not too long ago. My lawyer informed me that I do not need this insurance. The dictating physician is responsible for the content of the dictated file and if he/she fails to read it/correct mistakes before signing off - he/she is the one that buys the farm, not the transcriptionist.
In other words, error and omission insurance is a crock.
Professional Liability INsurance?
Does anyone have this through AAMT? If so, how much did you pay for it? If not, are there other options out there? I'm looking into errors and omissions and I read about this, and think it would probably be just what I am looking for, but I am curious about the price before I pay for an AAMT membership! Thanks.
Liability Insurance Rates? Does
anyone have a rough guesstimate of how much this could run an IC? I have been to various websites and got to an actual policy application form, but they only specify a cost of around $84 to $100, but don't say if that's monthly, quarterly, annually, etc. Anyone have an idea? Thanks!
Yes, sorry, the errors and omissions liability
insurance. I have not heard of it before, but there is a company recommended on company board and they require all IC's to have this type of insurance plan within 30 days of hire. The policy was very evasive to me, and I could only see the figure of $84, which I am guessing now might even be weekly? I think I'll forget about that company...
Do any of you ICs out there carry your own liability insurance if
you are working for an MTSO? I do not carry this insurance and was looking for what you all can advise me. Thanks.
Does anyone have liability insurance? What can you tell me about it? Wondering if I (am IC) need i
x
General Liability for Independent Contractors
I have just started a position for a company, and they require that I hold general liability insurance, but am a little lost as far as how to obtain that! Just wondering if anyone had any pointers for me.
Thank you in advance! :-)
who will provide IC liability insurance when state farm does not?
I want to be an IC, but in calling my insurance company they do not cover liability insurance for anything to do with medical......Does anyone know who I could contact?
Upper case is lower, lower case is upper. Using InstaText. Anyone know how to fix this?
Aargh. It happened all day yesterday. When I brought in text that was all caps
IMPRESSION:
and had lower case on keyboard (as always do), it reverses keyboard commands. This is driving me c-r-a-z-y.
Won't be of much help to your case..
back in the middle 70s.. then got certification in 1987 by AAMT. Been at this for 30 years. Still going strong.. working 2 full time jobs.
In my case, it was because...sm
we live in such a rural area. I call it in the country. A subdivision was built nearby and I know of a couple of people on my road that were requesting DSL too. They put it in on my road shortly after the subdivision was built last year.
Well, in my case....
I work for a local hospital, deal with my boss and QA manager all the time, go in for meetings, and work a set full-time shift just exactly as if I were in-house. No "maverick" status for me. I have to play by the rules. The only difference is that my butt is in the chair at home, as opposed to the office. And I have worked inhouse numerous time, so I know how to do that and had no problem.
what would you do in this case?
I am a Transcriptionist with about 20 years experience who has a job which I do not like anymore, I used to liike the national that I work for but things have changed so much in the last six months that I almost cannot get up and get started and I even work second shift! I am thinking about changing jobs but need to move the first part of December so will need time off and have a bunch of company coming at Christmas so have taken time off. Do you guys think there are any employers out there who would hire someone to start, knowing that they are going to be needing time off in a month? I need to find an employee position because I need health insurance. I am a good worker and very seldom take any time off, this just happens to be a time when I need to.
In that case,
maybe they are afraid he will go to the EEOC - some of that stuff may be illegal age discrimination.
well, in that case, thanks!
Hehe. I've seen that (OP) before and never knew what it meant. But since I was the person who started this post I was too curious not to ask. Thanks for the info--learn something knew everyday! Happy memories to you!!!
looking for a case, are ye?.......nm
@@
In my case...
it was in our court decree that ex would carry me for 6 months. I then had the option to COBRA on, think maybe I had the option of converting to a private policy also, can't remember for sure, but it was too expensive, so I got my own policy. I don't think there was any way in our case, as his company was a smaller one, that they would have carried me as a "non-family" member on the company insurance. I know that you can work it out in the agreement that the ex pays for the COBRA as part of the settlement, which mine wasn't willing to do. I also thinks it depends on who the insurance is through. I had a family member who was involved in a divorce where it was a federal agency health insurance plan, and they had only 1 month to remain on insurance as per that agency's policies. I would be checking out what the exact options are, as you don't want to be blindsided with a lapse in insurance coverage. It's tough. I was a stay-at-home mom for 15 years and just starting out as an MT not making much so kind of scary. Good luck to you!
Definitely not the case...SM
He wasn't in jail over there for anything. That was a misreport. The only previous charges he has are in the US for child porn.
not sure what is going on in your case
The place I used to work had this function disabled but never told me about any feature that I could go back and see jobs listed there for any given date. I was told by this company they didn't have that information. I now work for KS and work on that same platform- Extext. They do not pay for headers or footers but the session statistics is enabled and I can check them at any time. The other company I worked for I could type and type 30 or more reports and the number was always the same 500, 600, 700 lines, ridiculously low. The Ichart website where you had to check was always lagging behind so was impossible to verify how many lines I was getting credited for each report. I type half that many reports now and the number is around 700. I feel like this is more in the normal range. Not sure what the situation is where you are but if it sounds suspicious why give it any more of your time and energy trying to figure it out? There are too many companies out there looking for MTs these days. Keep looking until you are happy and feel like your line count is fair.
So right ---- That is almost ALWAYS the case!
.
In case get job somewhere else, ST is yours.
x
Of course, you are right in which case IC needs
x
I wish that was the case for me
This week the doctors that I work for saw 221 patients which meant 221 notes. Actually more. One doctor is notorious for waiting days before he dictates and then he dictates 20 notes or more all in one day from previous days, plus some of the ones from that specific day. Arggg. I still have a boat load and I'm off Monday-Wednesday next week.
If that's the case, you are are NOT an IC
As an IC, you set the work hours, not the MTSO. If they are calling you and asking you to leave dinners, conferences, etc., as an IC you say you're not available. If by doing so, they dismiss you, you are an employee and not an IC.
An IC sets their own rate and work hours. The MTSO (or client) either accepts those or not. Period.
I don't think you'd have a case at all.
They'll just find someone else who will do that. They have the right to make agreements on what to pay just the same as you have the right to agree to what you will/won't be paid, too.
Just simply state, "I'm sorry but I bill in this manner" and if it isn't suitable for them, then you need to find different clients.
As unfair as it may seem right now, you have to be careful what you force in business. It is not the emotional energy or financial resources to force anyone to do it your way.
In this case
x
Not in my case...sm
I had the new Office 2007 suite on my Vista laptop and hated it, so I installed my Word 2003 with no problems. Not sure what I did right! 
maybe that was a different case, as
my letter states that our objections will be heard, if presented to the addresses given no later than February 12, 2009 to each of three parties. The fairness hearing will be March 26, at 3 p.m. Those that choose to attend in person may do so also.
in that case.
It probably depends on where you live, but here in the Midwest I was offered $55,000 for account manager. That basically was running everything but no travel. I figured I would be working 24/7 since work would be sent offshore. Didn't think it was enough money.
Not in this case. SM
He/she states that there are 6 MTs working for him/her that are all producing this amount, not just one MT. In checking back on this one, the MTs actually work 9-hour days, so it is more like 470 lph, but that still seems high, especially keeping that speed going for 9 hours. I can't imagine keeping that pace for that long! Someone did ask how they were counting lines, but no response yet.
In that case...
I think it may be possible depending on how they are paid per line and what type of accounts they are working on. But then again, with 6 people (I think you said) all consistently doing that many lines per day, it seems unlikely... but who knows!
I don't think so, not in every case. sm
Suppose a friend or co-worker who was morbidly obese came in wearing a new, tight white dress with big red polka dots and a huge bow in back, and she asked you, "Do I look good?"
I don't know about you, but I would reply, "You bet you do! That dress is awesome!"
Not a matter of alienation this time, but a matter of being kind instead of cruel.
in that case..
how about I take all the easy stuff and you take all the garbage.
Oh, hey, just in case...
I just re-read your post below and see you mentioned something about the zip file doesn't open? I'm not sure if you meant adding the files in the zip to Express Scribe won't open the .sri files, or if the actual zip itself doesn't open for you.
Anyway, I did download it to check it out, like I said in the other post, and the zip I found does have 4 files in it -- 2 dll's, an ini, and a readme.txt -- so in case you just got a bad link or something, here's where I found the link for the zip.
http://nch.invisionzone.com/index.php?showtopic=7378
Good luck.
ARUBA CASE
The parents had to known she was going to drink in Aruba. Why would these 17 and 18 years want to go of course to drink or they could have went to Florida instead. Even though this girl made bad judgement if she drank to much and went off with these guys this did not have to happen. We need to blame who ever did this. If my 18 year old wanted to go to Aruba I would probably say yes but lecture her a head of time. I know my 18 year probably drinks in college but I told her I don't want to know this. What I do not see I don't have to worry about it. I have no control of her when she is in college but she is not allowed to drink in our house or anyone elses until she is 21. I have a feeling that her body has been thrown in the ocean. The whole situation is so so sad.
I hope that isn't the case; however, if it is SM
then I will move on. I know what I need and whnt.
I'm willing to give them a good try first.
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