Call from Risk Management to speak with Attorney

Nurses General Nursing

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Today I received a call from my Hospital’s Risk Management department. They said I’m not directly at fault but I was one of the nurses who took care of a patient who apparently developed a stage 4 pressure ulcer while on my floor. They asked if I remembered him and I said no, they asked if I could come in and talk to the patient’s attorney and even if I don’t remember anything they like it in writing. I find it strange I’m talking first to the patient’s attorney rather than the hospital’s. I told them I would get back to them. Do you guys have any advice for how I should proceed?

Specializes in Travel, Home Health, Med-Surg.
32 minutes ago, MunoRN said:

Since the hospital is liable for the care you provide, it's not in their best interests to do anything other than protect you in order to protect the best interest of the hospital.

The only rational reason for hiring an attorney at this point would be that you have too much money in your bank account.

Disagree. Maybe on the surface but when push comes to shove who do you think the hospital lawyer will side with. Follow the money, the hospital lawyer's salary is paid by the hospital, not the individual nurse.

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Specializes in Critical Care.
26 minutes ago, Daisy4RN said:

Disagree. Maybe on the surface but when push comes to shove who do you think the hospital lawyer will side with. Follow the money, the hospital lawyer's salary is paid by the hospital, not the individual nurse.

You're correct that the hospital's attorney is paid to protect the hospital, and the hospital isn't going to protect you out of some sort of altruistic desire to protect, but their best way to protect themselves is to protect you, since they are directly liable for the care you provide.

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Specializes in Travel, Home Health, Med-Surg.
2 hours ago, MunoRN said:

You're correct that the hospital's attorney is paid to protect the hospital, and the hospital isn't going to protect you out of some sort of altruistic desire to protect, but their best way to protect themselves is to protect you, since they are directly liable for the care you provide.

While it is true that the hospital attorney would provide the nurse some level of protection it is also true that the hospital attorney will always have the interest of the hospital first and foremost and the nurse's interest second. This is why hospital nurses have their own which (usually) includes an attorney because as we all know the facility/organization won't think twice about throwing the nurse under the bus if it will help their position. IMO, being under the bus probably isn't the most comfortable place to be!

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Thanks for your replies guys. I’m also confused as to why I’m being asked about a pressure ulcer, since those develop over time. It’s not an acute event like a fall. So far none of my co-workers have gotten the same call. Should I be concerned by that?

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Specializes in Travel, Home Health, Med-Surg.
3 minutes ago, snickers17 said:

Thanks for your replies guys. I’m also confused as to why I’m being asked about a pressure ulcer, since those develop over time. It’s not an acute event like a fall. So far none of my co-workers have gotten the same call. Should I be concerned by that?

Yes, you should be concerned! You were asked to speak to your hospital attorney about a pt you took care of, they dont do that unless there is already a big problem or they are anticipating a big problem. Talk to your malpractice ins/lawyer (not the hospital attorney). If you dont you may say something (inadvertently) wrong that will hurt you.

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8 minutes ago, Daisy4RN said:

Yes, you should be concerned! You were asked to speak to your hospital attorney about a pt you took care of, they dont do that unless there is already a big problem or they are anticipating a big problem. Talk to your malpractice ins/lawyer (not the hospital attorney). If you dont you may say something (inadvertently) wrong that will hurt you.

Of course I am concerned. I’m just trying to understand the situation. I’m a relatively new nurse and I do not have my own .

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Specializes in Critical Care.
20 minutes ago, Daisy4RN said:

While it is true that the hospital attorney would provide the nurse some level of protection it is also true that the hospital attorney will always have the interest of the hospital first and foremost and the nurse's interest second. This is why hospital nurses have their own malpractice insurance which (usually) includes an attorney because as we all know the facility/organization won't think twice about throwing the nurse under the bus if it will help their position. IMO, being under the bus probably isn't the most comfortable place to be!

No carriers provides coverage for legal representation at a meeting between a nurse and their employer's counsel (because there's no reason for it).

You're correct that when there are competing interests, the hospital will side with the hospital rather than the nurse, but the hospital bears the cost of any malpractice the hospital tries to place on the nurse, so it's not in their interest to "throw the nurse under the bus".

The one exception would be if the hospital was concerned the nurse was out to get the hospital, in which case they may determine the liability incurred by turning on the nurse might be worthwhile, such as if the nurse was being irrationally uncooperative, like refusing to meet with the hospital's counsel regarding pending litigation.

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Specializes in Travel, Home Health, Med-Surg.
1 hour ago, snickers17 said:

Of course I am concerned. I’m just trying to understand the situation. I’m a relatively new nurse and I do not have my own malpractice insurance.

I am sorry you are in the middle of this mess. Nobody knows how far this situation may, or may not go. Hopefully it will just blow over but you just dont know. I was not advocating for you to ignore the request, nor refuse to speak to the hospital attorney. We are not allowed to give legal advice but what i will say is that if this were me I would speak/get advise from a knowledgeable attorney prior to any meeting with your hospital attorney or HR/RM (rationale: in order to avoid this turning into a hot mess for you).

Wishing you well and hope it all works out!

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Specializes in Psych, Addictions, SOL (Student of Life).

As a very good doctor once told me there are only three answers to any deposition question "Yes", "No" and "I don't recall!"

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Specializes in Psych, Addictions, SOL (Student of Life).
3 hours ago, snickers17 said:

Thanks for your replies guys. I’m also confused as to why I’m being asked about a pressure ulcer, since those develop over time. It’s not an acute event like a fall. So far none of my co-workers have gotten the same call. Should I be concerned by that?

Actually I have seen Hospital Acquired pressure Ulcers develop in less that 6 hours in a compromise patient who can't move has poor nutrition and other factors. so they do not always need a lot of time to develop.

Hppy

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Specializes in LTC, assisted living, med-surg, psych.
32 minutes ago, hppygr8ful said:

Actually I have seen Hospital Acquired pressure Ulcers develop in less that 6 hours in a compromise patient who can't move has poor nutrition and other factors. so they do not always need a lot of time to develop.

Hppy

I have too. I once had an assisted living resident who was on hospice, and she developed a stage II on her outer ankle in 30 minutes. THIRTY MINUTES. Hospice had put her on an air bed and the staff was turning her every half hour on my orders because her skin was so compromised that any pressure at all left her with a sore. By the time I left work at 1700, her stage II ulcer had become a stage IV. She died the next day, overwhelmed by what I believe was sepsis from all her infected wounds.

Of course, I don't know what-all happened to the OP's patient, but it needs to be taken into consideration that it doesn't always mean that someone who develops stage IV pressure ulcers is being neglected.

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Specializes in OB-Gyn/Primary Care/Ambulatory Leadership.
11 hours ago, snickers17 said:

Thanks for your replies guys. I’m also confused as to why I’m being asked about a pressure ulcer, since those develop over time. It’s not an acute event like a fall. So far none of my co-workers have gotten the same call. Should I be concerned by that?

Because unless the pressure ulcer was already there AND DOCUMENTED on admission, the hospital "owns" it and is responsible for it. Did you do the patient's admission assessment? That could be why they're targeting you - if you did the patient's first assessment and didn't document the presence of the pressure ulcer, then the hospital is in deep doodoo.

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