QUESTION

I expect to be hired by a locum tenens company. I am covered by their malpractice insurance.. Should I convert to a PC to insulate myself?

Asked on Jan 16th, 2013 on Litigation - Maryland
More details to this question:
N/A
Report Abuse

1 ANSWER

Business Litigation Attorney serving Bethesda, MD
2 Awards
Your question about acting as a temporary employee raises a number of important issues that may be of broad general interest to readers of this site. You phrase the question as your expectation of being hired by a "locum tenens" company. In short, we are discussing a temporary placement agency for, among others, professionals. Since you indicate that you are covered by their malpractice insurance, I am assuming for this general response that you are in a profession such as medicine, law or accounting. Many professional codes, such as for doctors or lawyers, require that the professional remain personally liable to his or her clients for professional malpractice. Setting up an entity that would protect the professional from a professional malpractice claim could then be a basis for their regulatory body to strip them of their professional licensure. One of the types of legal entities in Maryland is the professional corporation. Unlike "regular" coprorations, for example,  a professional corporation generally allows the injured client to file a suit directly against the professional who may have caused the harm. Why then does a professional in an organization set up his or her own professional corporation? In some circumstances, the professional corporation can shield the professional from the negligence or intentional wrongful acts caused to the client by others in the business entity. A professional corporation could then shield the temporary placement professional from at least some acts of professional negligence by other professionals in the practice at which the professional has temporarily been placed. Professional corporations, as with other corporations, are as limited in value as the time and attention placed in maintaining them. The process of "piercing the corporate veil" describes a set of circumstances where courts will ignore a corporate shell, such as where the shreholder has ignored coprorate formalities or commingled assets, etc. That is a whole separate topic.  Of course, there are other factors that can also intervene that would alter the above. This is at best a general overview. I encourage you, and all other readers, before you act (or decide not to take some action) to seek competent, local legal counsel who can address the specific facts of your particular situation. This web site and the responses herein, including this response,  are designed for general information only. The information presented at this site should not be construed to be  and is not formal legal advice. No attorney-client relationship exists and no attorney-client relationship is formed or created by this response or any response on this website. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.
Answered on Jan 17th, 2013 at 10:07 AM

This web site and the responses herein, including this response, are designed for general information only. There is no attorney/client relationship.

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters