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Do you have insight into whether a PT or OT's malpractice insurance would cover a motor skill video that I and a colleague produced for parents?

Monday October 14, 2013
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Question:

Dear Nancy,

I am a PT, who along with an OT colleague, created a video for parents describing motor milestones and outlines positioning strategies and activities to promote motor development at each month. Our malpractice insurance has a consulting endorsement which covers teaching and education, and we were told that the video would fall under this coverage. The insurance company mentioned I should check with the state board of nursing to determine whether the state would uphold my license if a lawsuit came from a state that I am not licensed in. I contacted the board and they told me to speak with a lawyer. Do you have any insight in this matter?

Selma



Dear Nancy replies:

Dear Selma,

Your board of nursing's advice to contact an attorney is your best option in this situation. Boards of nursing represent the state and their citizens against incompetent and unsafe practitioners. It would not give you specific advice in this, or any other, situation.

Since you are a physical therapist and your business partner is an occupational therapist, you may want to check with your respective professional associations to determine if they provide the names of attorneys who might consult with you on this matter. There are attorneys who have dual backgrounds in PT or OT and they could provide you with the advice you need. Even without the dual background, the association may be helpful in locating an attorney with whom you can consult.

If the association does not have such a service, consulting with an attorney or nurse attorney in regulatory law would be best.The attorney can discuss the grounds upon which the board can take action against you generally and how, if at all, one or more of those grounds would allow a disciplinary action against you in your state if another state took some sort of legal action
against you.

Cordially,
Nancy




Nancy J. Brent, RN, MS, JD, is an attorney in private practice in Wilmette, Ill. This information is for educational purposes only and is not intended as legal or any other advice. The reader is encouraged to seek the advice of an attorney or other professional when an opinion is needed.