"They may hire a private investigator..."

OrganizedChaos, LVN · Sep 15, 2015

Do you have malpractice insurance? Have you ever contacted them about being followed by PIs?

MJB2010 · Sep 15, 2015

That would freak me out. If you start following me, I assume you mean me harm.

HouTx, BSN, MSN, EdD · Sep 15, 2015

YIKES!!!

As a Nurse Educator, I have been deposed 3 times related to clinical events. Not named in the suit, but called upon to explain competency-related processes, measures, etc. Very scary process even though I was thoroughly briefed and supported by organizational attorneys each time. It has made me much more aware of all the liabilities associated with my practice area for sure.

It is my understanding that PIs are engaged to conduct 'paperwork' searches much more often than 'legwork'. This would involve things that resemble a very thorough background search - contacting people by phone, record searches, etc. I can't even imagine why a PI would want to follow a nurse... what type of information would they be seeking? How often I grocery shop? The deplorable condition of my car's exterior? How much money I squander on handbags and shoes? We're not Kardashians - unless you guys are a lot more noteworthy than me, none of this is valuable or even very very interesting.

dudette10, MSN, RN · Sep 15, 2015

OP, I want to hear what the law firm and your RM department say about a nurse's documentation. Mind sharing?

Emergent, RN · Sep 15, 2015

This is another example of our out of hand, litigious society. All this drives our health care costs up.

People expect medical miracles delivered with a smile. We are supposed to beat back the grim reaper with our magic. When he wins, expect a legal team to be exacting retribution.

Molemedic, MSN, EMT-P, NP · Sep 15, 2015

One big problem here is you are quoting stereotypes. Contrary to popular belief only a small part of a PI's job involves surveillance and most cases don't even require it. Such is the case with medical malpractice, the PI is investigating an incident thst already happened and thst led to this lawsuit. The PI has no leverage to gain by following you to the dry cleaners, and then the grocery store, and then back home. Instead he is another pair of eyes to read the documentation, take witness statements, and review evidence. In short you're safe from being followed.

RiskManager · Sep 15, 2015

As someone who does medical malpractice defense for a living, I have from time to time encountered private investigators or used private investigators for my cases. Usually, they are doing investigative research or talking to people to find out information. I counsel my people not to talk to them unless I have approved this or are there at the meeting.

I have never had a situation in which PI's were tailing my providers or staff. I have hired PI's to do surveillance of plaintiffs, usually from the standpoint of recording their activities for cases in which the plaintiff is claiming permanent disability. You see this often in workers comp and personal injury cases such as car crashes and slip and falls. The plaintiff claims they have to use a wheelchair, or cannot use their arm, or cannot walk more than 50 feet. You then show the plaintiff, their attorney, and if necessary the jury, the surveillance video showing the plaintiff playing soccer or chopping wood or carrying five bags of groceries in the parking lot.

Horseshoe, BSN, RN · Sep 15, 2015

Then, this came out:
-The patient's family might hire a private eye. Again, use the above advice.
Sound of record scratching
Uh, no. It sounded pretty reasonable and typical until the PI part. Contrary to popular belief, PIs are not protected under the law. If I find someone tracking me, I'm driving to the nearest police station and hoping that s/he is caught in the act. I've been stalked before, and hell if I am going to allow it a second time.
I know that hiring PIs is the right of the people seeking services, but why is my hospital's law firm seemingly okay with me possibly being followed and having my privacy violated by a PI? They said NOTHING about protecting myself or that PIs are legally stalkers. Yeah yeah, I know that the hospital and law firm are about protecting the hospital, not me. However, I'm shocked about how they seemed so okay with it, almost encouraged me to comply with my privacy and safety being invaded, and didn't tell me that I had a right to not be invaded like this.
No, I'm not a tinfoil hat wearer. I know that only rich people hire PIs, and they're not going to get anything good on me because 1) My workplace is locked, and they only have access to the medical records released by the hospital, and 2) I'm the most boring person in the world whose favorite hobbies are sleeping and reading. It's just... creepy. Unsettling. Yet another reminder that I'm an unvalued pawn who can get thrown under the bus in the legal game.
Anyone have input? Thoughts? Been followed by PIs hired by patients' families?

I'm not sure what you mean by your statement that by the mere fact that a PI follows you, that automatically makes them a "stalker" legally. The post below illustrates a legal way PIs occasionally do surveillance, and a legitimate reason why they would do so.

PIs have also been instrumental in obtaining evidence of infidelity when there is a pre-nuptial agreement which may be impacted by infidelity of a partner. There are probably many reasons why surveillance might be done which has nothing to do with "stalking" and is not illegal.

However, as already mentioned, it doesn't make much sense for a PI to tail a nurse involved in some sort of litigation as there would be very little of value to learn by doing so.

As someone who does medical malpractice defense for a living, I have from time to time encountered private investigators or used private investigators for my cases. Usually, they are doing investigative research or talking to people to find out information. I counsel my people not to talk to them unless I have approved this or are there at the meeting.
I have never had a situation in which PI's were tailing my providers or staff. I have hired PI's to do surveillance of plaintiffs, usually from the standpoint of recording their activities for cases in which the plaintiff is claiming permanent disability. You see this often in workers comp and personal injury cases such as car crashes and slip and falls. The plaintiff claims they have to use a wheelchair, or cannot use their arm, or cannot walk more than 50 feet. You then show the plaintiff, their attorney, and if necessary the jury, the surveillance video showing the plaintiff playing soccer or chopping wood or carrying five bags of groceries in the parking lot.

LittleTwinStars, ADN, BSN · Sep 15, 2015

Oh, I know that there will always be people scrying my charting, not just PIs. What tripped me up was that the legal nurse consultant told me that I might be followed IN PERSON by a PI. I know that I'm boring and mostly safe, but it tripped me up to hear it and to not know my rights about being followed.

Yeah, the physical following part is what tripped me up. I know that just like Indiana Jones said that a lot of archaeology is done in the library, much of medical legal stuff is done from the charting.

NurseGirl525, ASN, RN · Sep 16, 2015

Then I think the legal nurse consultant is confused if that is what you were told. I cannot imagine why a PI would have to follow you in your daily life. Maybe around the hospital? I don't know why they would ever need to follow you. Your personal life would have absolutely no bearing on a medical malpractice lawsuit.

On a side note, Private Investigators have to be licensed. And honestly, say one was following you in your day to day activities, they would not be a good PI if you knew they were following you. They usually only follow people who are cheating on their spouses, people conducting criminal activity, or say you go missing, they may follow you then. :sarcastic:

I think your reading too much into it, the hospital just wants to make sure you don't talk to anyone at all if there is a lawsuit. These kind of things are put into place pretty much by any big corporation out there. I have people try to sue different companies I have worked for in discrimination lawsuits over being fired and such. Most of the time I fired them for stealing, and they didn't have a leg to stand on. I was always instructed to never talk to anybody. I have had to sign various forms about it over the years and PIs were often included in people not to talk to.

NurseFifty · Sep 16, 2015

I am thinking OP can call the police for fear of harm from this person following her, whether the person is PI or not.

Hospital lawyers work for the hosoital's interest, not the nurse,