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Serving Over 20,000 US Medical Transcriptionists

no liability on IC's because MT's dont' have liability

Posted By: My take on it on 2006-07-09
In Reply to: FYI - babe

-- 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.


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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.


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?
Why dont you stop coming in and agitating everyone under all your different names. Dont you work.
:
Dont you think MQ will just keep hiring new people who dont know they lost lines because they are

new. I betcha.


If you dont try to fill in blank or research, dont
x
The way I understand it if you dont keep below 10 to 15% QA you dont get the bonus even if your QA
score remains above 98% so you see as the other poster said you are between a rock and a hard place and I expect this is MQ way of getting out of paying a bonus to people. I see it this way anyhow. I plan to continue to send unclear things to QA and that is the way it is. I expect depending on the new pay scale on top of this they will be losing a lot of MTs anyhow as they continue to miser everyone out of money.
Do you honestly think they do. I dont. I dont think some of them can even understand some of the

 reports they listen to quite frankly.


If you dont want to read a thread, then dont.
x
Most Dr. dont care and dont know how they get
x
Since dont know of any cars that dont use
x
I dont know. I didnt care then and I dont care now.
Just me

Hello....YOU dont get it!
She is 18.  She is an adult.  Her parents didn't "send" her there.  She went with her friends.  Her parents, I am sure, instilled values in her.  But she, like most peoples young teenage children, probably was acting like all the other young teenagers there and having fun.  No one said she had no values.  She made a bad decision.  Your children could do the same, no matter how you have raised them.  Should you be persecuted because of it?  I think you don't have a clue. 
I dont know
I do not carry it now with the company I am an IC for, but I am new in the field so I rely on asking you guys
I dont believe you
I really doubt you transcribe that many lines in an 8 hour day five days a week. You must do a single ESL dictator. You must be one of the lucky ones who gets to use all of those "normal" reports. Since I moved to DQS all I get is ESL dictators and NO use of normals or canned reports.
Still dont believe ya
If you are doing straight typing and not using normals, let us in on your secret. I concentrate! I have a positive attitude! I can also type 120 words a minute! You must type 300+ words a minute. Well, just stay happy because soon you will not be getting the same type of work and you will be in ESL h-e-double toothpicks! Enjoy it while you can.
No I dont. I am from the NE.
:
DONT go to SPI.
nm
you dont' know.

This is why I think the old "page" and "half page" method of pay was better for everyone.  I think it forced everyone to be honest. 


Do you think they'll ever bring back 'per page' method of billing ?


usually dont pay anything in
and last year managed to get 1800.00 back.  Love the write-offs!
I dont know but sm
A couple of them work in the office and I dont know if they put two and two together when I went to the office a couple of times or what. Or maybe he was just lying. I think it has to be the most rotten thing to do to anyone. What if something would have happened to me on the Interstate on the way home all because he couldnt just save me the trouble and do it over the phone? I have a husband who was highly upset that I drove all the way there for that.
dont know about

your Word problem - would seem that if you change it once in your transcription platform, that should hold from day to day.


but to post a new message - if you look up at the first message, right above that the admin has a message about the santa house, then look above that and to the left a bit you will see a box that says * post a new message *, click on that and you will start a new thread.



I dont think there's much else I can add
to all the great posts below, but you MUST know that you DO indeed have a job(s) and are working very hard. Sometimes parents can be so harsh and thoughtless.  Give yourself a big pat on the back and affirm to yourself that you are doing a GREAT job with everything in your life!  You are home for your kids and husband after all, and what's more important than that?!
Why dont you

post this on the gab board



Just joking!!!  I have been following your posts and noticed you have been told where to go all weekend.  Poor guy.  But you seem to be taking it well!  Good for you.


and good luck to you!


You dont have to have a CMT to be an MT - (nm)
.
just dont know
I have been doing this for almost six years. I know that to some of you, this isnt long, but considering I am 25, to me it is a good chunk of my life. I have loved every minute of my career as a transcriptionist.

My first job out the gate, with no experience, I made about 18,000 the first year. I stayed with that company for almost five years. Contractor status, no benefits, yada yada yada. the income fluctuated a bit in either direction, but overall it was okay.

Now I am a single mom of two. I work for a different company now that does actually offer the option of employee status with benefits, PTO, et cetera..i turned that down..i know i am crazy.

just to give you an idea of the potential and possibilities, i made almost 250 in two days. 1600 lines one day, 1200 the other.

There is a but..I often work twelve or more hour days...That is my choice, and no one elses...my line committment to my company is between 500 and a 1000 a day, but i think i am on paper as 500...i worked for 5 months without a footpedal and without a medical spellcheck/expander..so i did EVERYTHING manually

But ya know what, I still love every minute of it.
I'm an IC so I dont know if it is the same...
I made the mistake of "asking" for a raise just last week. I have been with this same office (a three doctor practice) for seven years. Not only was their response not to give me a raise, they want to make it so I'm actually making LESS. So I'm not sure how it works with a big company, but I know in my situation, I'm disheartened and upset. I figured with a big company they would say no, or they dont care about you, but in a small practice that I have felt part of the "family" so to speak... it was a shock. So much for loyalty in this industry! The problem comes in that I don't make enough money anymore to cover the expenses of inflation over the past seven years. I understand the need to cut costs in times like these, but how bad could it really be by not giving me a minimal raise? It's quite a slap in the face. I laid out the points of why I should be receiving the raise...(like 7 years alone without one isn't enough) but that's what you would normally do when asking for a raise, show your dedicated work, your accuracy, etc. If you do ask, I'd really love to hear back from you how it went so I know in the future what to expect. Good luck!
i dont really want to know!!!
haha
Dont know about anyone else...sm
What I do know is that if I pass the test, my company reimburses the cost of the exam, and then gives me an extra penny a line. Doing just the minimum lines they require, that works out to over 2000 a year pay increase.

I am planning on taking the exam the end of June, as said company also requires all QA personal to have or attain within three months and had thought about applying fot QA in the near future when there is another opening.
dont know where you have worked
dont know where you have worked but the hospitals and trans services I have worked for would NEVER help a doctor speak better.  They are the bread and butter.  The doctor is essentially the boss.  You would never bring to a doctors attention that he does not speak correctly.  You obviously are a newbie.  I have worked at hospitals that have thrown wine and cheese parties for doctors just to get them in to do their charts, bought them scratch off lottery tickets, gifts, taken them to lunch, even though they could have suspended them but, of course, they would never.  You do not want to lose a doctors business, that is what keeps a hospital and trans service open and profitable.  You know what would happen if you suggested teaching a doctor how to talk correctly, you would be fired, nothing would happen to the doctor.
Up to the parents, but they dont do it
Hey, I feel like this, the parents have the only ones who have a right to spank or otherwise discipline kids
Dont believe me, who cares?
How silly you are.  Dont believe me, I dont care.  MQ has been sold.  I will post again once you get the news from MQ.  I will post *I told ya so*.