Real NP Malpractice Claim Story: My Hospital Wouldn’t Cover Me

Life can change in an instant. Nursing professionals understand that from the work they do every day.

Many, however, may not realize that their professional lives and career outlook can change in a moment too. And sometimes that shift happens through no fault of their own.

That was a harsh reality for our client, an experienced, self-employed Cardiac Nurse Practitioner (NP). One day, he was going about his duties at the hospital where he was contracted when he received shocking news.

The hospital, along with a few colleagues employed there, was being named in a wrongful death lawsuit. The NP was even more shocked when, not long after, a server approached him and handed him a summons. He had also been named in the malpractice claim.

Then the hospital informed him it would represent some of the parties named, but not our client. As a contract worker, he was responsible for his representation and defense.

Fortunately, our client had made a pivotal business decision earlier in his career: he had purchased nurse practitioner malpractice insurance through Berxi, a part of Berkshire Hathaway Specialty Insurance (BHSI).

What Caused the Malpractice Claim

The death of the patient had occurred more than a year before. The patient, age 58, had come to the hospital one evening after experiencing shortness of breath. The NP, who was working at intake, learned the patient had a history of congestive heart failure and pulmonary artery disease.

Our client admitted the patient into the hospital under the supervision of the hospital cardiologist. Once the patient was settled, our client completed his shift and left for the night.

Unfortunately, the patient’s condition took a tragic turn overnight. He went into cardiac arrest and suffered oxygen loss to the brain, which resulted in a devastating brain injury.

After two weeks in the hospital, the patient was transferred to a long-term care facility where, five days later, he died.

Our client, who followed hospital protocol and the doctor’s advice, was shocked to be named in the lawsuit, especially since there were doctors involved in the patient’s care, including a cardiologist.

But the patient’s family alleged that our client had seen the patient once and should have exercised better judgment by admitting the patient into the ICU. They believed he would have been monitored more closely there.

The family was asking for $100,000 from our client, and more from the hospital and other members of the medical team.

Getting Help, Support & Funds for a Defense

Once he was served the papers, our client contacted Berxi to file a claim. Typically, a policyholder gets a response within 48 hours. But when Elizabeth Walker, Complex Claims Director, Healthcare & Casualty Claims at Berkshire Hathaway Specialty Insurance, learned about the claim, she contacted our client immediately.

“He had just been served and was really nervous, especially when he found out the hospital wouldn’t be helping with his defense,” Elizabeth recalls. “He also was told he had a limited number of days to respond to the lawsuit, so we needed to act quickly.”

At this point, Elizabeth wanted to get the details of what happened directly from the NP. She also wanted to assure him she would get him a lawyer to help represent his interests.

“He was vulnerable, and my primary concern was that he knew he had someone to talk to and was supported,” she shares.

After learning more about the case, Elizabeth, who also has a law degree, was shocked the client was involved in the lawsuit, given his minimal involvement in the patient’s treatment.

Supporting & Defending Our Client Every Step of the Way

As she promised the NP, Elizabeth helped secure counsel from a panel of vetted defense attorneys who work with Berxi in the state where the patient died (this is a great benefit of being a BHSI company!).

After Elizabeth contacted counsel, the attorney conducted a conflict clearance to ensure our client’s case didn’t interfere with any other cases for which the attorney was responsible. When that was complete, Elizabeth put them in touch with our client.

Elizabeth remained very engaged in the case, serving as the point person to help oversee and manage the defense and help strategize with our client and his attorney on defense tactics.

A Settlement Is Reached

After about three years, the Berxi team successfully settled the case out of court for $50,000. This compromise avoided the added cost and expense of going to trial. Plus, it reduced by half the plaintiffs’ original demand of $100,000.

While it can be frustrating to have to give any money in a settlement, the Berxi team negotiated that the NP did not have to admit liability or fault. Plus, the settlement payment and defense expenses were entirely paid for by his Berxi malpractice policy.

The Importance of Having Malpractice Insurance Working for You

This NP’s story exemplifies how health professionals can be brought into medical malpractice cases even when they have followed all the guidelines in the course of duty. It also demonstrates how having professional liability insurance from an experienced and trusted provider can not only help save money but also preserve a provider’s professional reputation.

Without that added protection, our client would have potentially had to:

• Pay damages out of pocket, which could have reached $100,000.
• Cover attorneys’ fees, which reached $139,000 by the time the case was settled three years later. But these were entirely paid for by the insurer.
• Potentially endure the additional defense costs and hassle of a trial.
• Navigate the process on his own without the assistance of an experienced claims person who could help secure defense counsel and keep him informed every step of the way.
• Endure even more stress and sleepless nights managing the legal back and forth.

It’s never easy to be part of a medical malpractice case. Our client had to face the uncertainty of a looming lawsuit and the difficult steps involved in his defense, such as giving depositions. He was pleased, however, that Berxi was able to help him through the ordeal.

“He was happy to put the lawsuit behind him and move on with his life,” shares Elizabeth.

To enjoy the peace of mind of having a professional liability provider that has your back, learn how much medical malpractice would cost you.

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The views expressed in this article are those of the author and do not necessarily reflect those of Berxi™ or Berkshire Hathaway Specialty Insurance Company. This article (subject to change without notice) is for informational purposes only, and does not constitute professional advice. Click here to read our full disclaimer