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Serving Over 20,000 US Medical Transcriptionists

Liability

Posted By: Lynn on 2005-07-14
In Reply to: a company I got a job with - Becky

What company is this for?


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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.
    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.


    I was deposed regarding a liability case

    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. 


    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?