Received Letter In Mail About Hospital Lawsuit At Old Job

[dreamshake18, BSN, RN]

I got a letter in the mail today from a law office that represents the hospital I no longer work for (Stopped working there over a year ago). The estate of a deceased patient is filing a lawsuit against the hospital, and I apparently cared for them at some point. I don’t recognize their name, and therefore have no remembrance of the care I provided to them. They asked me to contact them to discuss the care, but I’m not sure what I would say if I don’t even remember the patient? This has never happened to me so I’m just looking for advice. Do I need to do anything about this?

[Wuzzie]

First call would be to your malpractice insurance company.  

[Hannahbanana, BSN, MSN]

(Not an atty, not giving legal advice)

You do need to respond, and you should ask your malpractice folks before you do. However, the vast majority of cases are initially filed c every name they can find in the chart. As discovery proceeds (the period and process when the law firms learn more about the case), folks c small pockets or nurses whose actions had nothing to do c whatever the problem seems to have been are dropped from the suit. Nurses are rarely sued individually, but you need professional advice on this for your peace of mind.

As an aside, NEVER ignore this kind of letter, LOL. 

[dreamshake18, BSN, RN]

On 5/5/2021 at 12:37 PM, Hannahbanana said:

(Not an atty, not giving legal advice)

You do need to respond, and you should ask your malpractice folks before you do. However, the vast majority of cases are initially filed c every name they can find in the chart. As discovery proceeds (the period and process when the law firms learn more about the case), folks c small pockets or nurses whose actions had nothing to do c whatever the problem seems to have been are dropped from the suit. Nurses are rarely sued individually, but you need professional advice on this for your peace of mind.

As an aside, NEVER ignore this kind of letter, LOL. 

Thank you for this reply, it was very helpful and also reassuring! I’ve only been a nurse for two years, and I’m very confident in the competency of my care. So, this letter was very random and confusing. But I won’t be ignoring this and will be responding accordingly. Thanks. 

[Daisy4RN]

I am not sure I would contact the attorney (that sent the letter) just yet. If the letter doesn't say that you are named in the lawsuit there may not be a need at all or it may not be the right timing.  As other PP stated I would not say anything until you contact your own attorney, the hospital attorney works for the hospital and will not be working for your best interest!

(I also am not an attorney nor giving legal advice)

[dreamshake18, BSN, RN]

1 minute ago, Daisy4RN said:

I am not sure I would contact the attorney (that sent the letter) just yet. If the letter doesn't say that you are named in the lawsuit there may not be a need at all or it may not be the right timing.  As other PP stated I would not say anything until you contact your own attorney, the hospital attorney works for the hospital and will not be working for your best interest!

(I also am not an attorney nor giving legal advice)

Right, that’s my line of thought too. It says I cared for them but not that I’m named in the lawsuit, it just says that the lawsuit was filed against the hospital. I will definitely be seeking my own legal advice before responding to the letter for sure!

[JadedCPN, BSN, RN]

Yes to what everyone has said so far. Contact your own malpractice insurance/own attorney before doing anything. I just want to add that it’s perfectly OK if you do have to speak with the attorney that sent the letter, to directly state “I do not recall the patient in question” (assuming your lawyer agrees too). No need to make up anything if you don’t remember, it’s ridiculous to think a nurse would remember every patient they’ve cared for years in the past.

[TriciaJ, RN]

Sounds to me like the hospital attorney is trying to scoop up as much info as possible to have ammo to counter the suit.

If you feel comfortable, you can contact the attorney to say you have no recollection of the person and your charting will have to stand on its own.

Meanwhile, I would certainly contact my professional liability provider.

[amoLucia]

Also avoid discussing this issue (and anything else that becomes legal-ese) on social media . Or with anyone else who DOES NOT have a true need-to-know. This would incl any ex-coworkers you might still connect with.

Hopefully, everything 'will all come out in the wash'. Good luck to you.

And welcome to AN.

[dreamshake18, BSN, RN]

I really appreciate all these replies. They’re helpful and reassuring. As a newer nurse, I wasn’t sure where to turn to and this feels like a safe place. I’ll of course be sure not discuss this on social media and definitely not with old coworkers. Or...anywhere else for that matter honestly. I just want to deal with this as quickly and efficiently as possible and not stress over it LOL. 

[Orca, ADN, ASN, RN]

If I were to call under these circumstances, the conversation would be very brief. "I remember nothing about this patient or the care that I gave. I would have to review the medical record to comment further."

[sleepwalker, MSN, NP]

I have had the exact same situation years ago when I worked for a hospital system. 

I contacted my malpractice insurance and they said it wasn't an issue for them to be involved in since I wasn't being sued..just named. They said to go ahead and meet with them through the hospital attorneys.

I would contact your malpractice insurance and document what they say (I.e. I.e. name, date, what was said) and move forward from there.