Lawsuit question

50 minutes ago, PsychRN_CA said:

Hello,

I'm a new grad NP and have a question about lawsuits. The provider I work with(MD) told me she has to report lawsuits to her board. I work in a correctional setting, and when patients sue, they will frequently list/name all providers that provided care in the lawsuit. Do I have to inform the BRN  that I've been named in a Lawsuit? These lawsuits almost always get settled out of court and are paid by the company.  (I'm in California-I've tried getting information from the BRN- and have received no response).

Only if you settle or have a judgment issued against you. I wouldn't report anything to the board until you have a resolution. It may be that you're dropped from the suit and then there's nothing to report. Settlements and judgments get reported to the National Practitioner Databank and everyone will be able to see especially prospective employers.

The NPDB then forwards a copy of the settlement or judgment to the respective Board of Nursing or other professional licensing body if against another type of health professional. Many boards and most hospitals do state they want you to notify them of such events. I suggest you retain a nurse attorney if you believe you'll be named. Hopefully, you've got your own malpractice insurance, because this sort of thing is covered under the policy. 

Edit: please note that the hyperlink that this website included in the phrase malpractice insurance is not done by me and is not endorsed by me. IDK why this happened. 

I think that link always pops up when you type up 'malpractice insurance'.

It's driven by something in the computer program (AN's?).

Gonna try it ...

Yup! I didn't demarcate it! There's something else that does the same, I think.

On 11/7/2020 at 2:13 PM, Neuro Guy NP said:

Only if you settle or have a judgment issued against you. I wouldn't report anything to the board until you have a resolution. It may be that you're dropped from the suit and then there's nothing to report. Settlements and judgments get reported to the National Practitioner Databank and everyone will be able to see especially prospective employers.

The NPDB then forwards a copy of the settlement or judgment to the respective Board of Nursing or other professional licensing body if against another type of health professional. Many boards and most hospitals do state they want you to notify them of such events. I suggest you retain a nurse attorney if you believe you'll be named. Hopefully, you've got your own malpractice insurance, because this sort of thing is covered under the policy. 

Thank you for your response. I work in the correctional setting for a big company so when someone sues us, (even frivolous lawsuits) the county gets named, my employer, the medical director, and several others. If it is settled out of court, and it is one of those suits that many people get named in, will it show on my individual record? For instance, even if the provider didn't do anything wrong, they are still named. The provider at my company reports it's because they have "deep pockets." At the end of the day, the company/county split the bill- I've never heard of any individual providers having to pay out of pocket. 

On 11/7/2020 at 5:16 PM, amoLucia said:

I think that link always pops up when you type up 'malpractice insurance'.

It's driven by something in the computer program (AN's?).

Gonna try it ...

Yup! I didn't demarcate it! There's something else that does the same, I think.

You're right ? 

If you are listed and they settle, You do have to report that for your license and your credentialing.  It' not a matter of whether it can be found in a search, your obligated to report.  One of the "benefits" listed at my organization is they don't settle...and it is for this very purpose.

On 11/7/2020 at 5:50 PM, PsychRN_CA said:

Thank you for your response. I work in the correctional setting for a big company so when someone sues us, (even frivolous lawsuits) the county gets named, my employer, the medical director, and several others. If it is settled out of court, and it is one of those suits that many people get named in, will it show on my individual record? For instance, even if the provider didn't do anything wrong, they are still named. The provider at my company reports it's because they have "deep pockets." At the end of the day, the company/county split the bill- I've never heard of any individual providers having to pay out of pocket. 

You're right ? 

If the settlement involves you, I.e. you were NOT dropped, then yes you have a settlement against you and it is reportable. But you'll know if you're involved. Trust it's impossible not to. Many, many times every Tom, Dick, and Harry gets named but most get dropped from the case except for the most relevant parties. 

True story.started like a typical Sunday morning in my prison infirmary.Nights was giving report and I saw this 1 dude up and down the hall.  Told they let him up and did nothing about it.That isn't cool on days-pt are up and less tolerant.I proceeded to place in isolation room to let him settle down alone-or go to sleep.On the c.o. desk monitors.The officer hurrys up to me sayss something wrong with that patient.Ambulance called---expired.Months later doorbell rings and I was given a ream of papers named in a lawsuit,over 30 years in nursing.The attorney for the client had a real hard on for nurses in the Idoc. Gave deposition and didn't think a thing about it till my companys attorney called me.I did not know this case wasn't settled yet-7 years ongoing-maybe glad I did not know.The fall brought another visit from attorney going to go to trial and I had to testify.The family irate the person did not make it-I was not happy about that either.This was the end of the road.We had met downtown with another judge.I was told an independent company absolved me of any wrong doing unfortunate .I just happened to have him as a patient.Very stressful-coldest day in January in Indianapolis area.I had met with the lawyers several times.My doctor and I and former don were named in this suit.I testified answering only questions asked and they were the truth.Friday waiting on the word imagining the worse.My husband tried to prepare me for the worse-I had nightmares about them locking me up. We had an excellent team-the attorneys and paralegal were very supportive.When I got the call from the paralegal along with a text saying they got nothing --followed by a email from attorney thanking me for my help.The  family got pie in the sky promises from a hateful lawyer. Appreciate the opportunity to vent. Although supported by administration-got no staff support.Still fresh in my mind what had gone down.If this happened to me anybody can be named.I did idoc nursing for many years.Like I stated earlier no idea this hadn't been resolve.In time I left the idoc where prisoners are treated better then nurse staff.I   

This all happened 3-4 years ago but it is still there 

Thank you for allowing me tp vent and make you aware nothing is worse then getting an envelope with your name eon it. I most certainly will  never do corrections again. In retail x 5 years trying to find a nurse job to get back in the trenches. THANK YOU FOR READING MY SAD BUT VERY TRUE STORY. HOPE IT HELPS  SOMEONE.

(((Goodmom2)))

On 11/7/2020 at 12:25 PM, PsychRN_CA said:

Hello,

I'm a new grad NP and have a question about lawsuits. The provider I work with(MD) told me she has to report lawsuits to her board. I work in a correctional setting, and when patients sue, they will frequently list/name all providers that provided care in the lawsuit. Do I have to inform the BRN  that I've been named in a Lawsuit? These lawsuits almost always get settled out of court and are paid by the company.  (I'm in California-I've tried getting information from the BRN- and have received no response).

Yes, this is usually the case for state medical boards.

When applying for credentialing and/or malpractice insurance, all providers are typically asked if they have ever been named in a malpractice suit. Then you will have answer "yes" and explain the circumstances of the suit. So while not reportable to the NPDB, if you are named in a lawsuit you will still have to disclose it at some point to another entity if your employment situation changes.