Sep 13, 2024
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[Warning: This article contains descriptions of domestic violence and might not be suitable for all readers. If you or someone you know needs help, please contact the National Domestic Violence Hotline for more resources.]
Assessing and treating the health needs of patients is the most important priority for nursing professionals. But in the field of mental health, determining the condition and state of mind of patients – and the impact on their family members – can present a huge challenge.
Unfortunately, despite a mental health provider’s experience and best intentions, a single incident, and its repercussions, could change a family forever and leave a lasting impact on that provider.
What follows is the story of a psychiatric NP who, despite having followed the standard of care and being experienced in navigating familial emotions, was faced with a distraught family searching for answers. It is also the story of how Berxi helped defend and protect her throughout this very stressful and emotional time.
Our client began treating a patient who suffered from sleep trouble and anxiety. After reviewing the patient’s medical records, which showed no indication of violence or psychosis, the NP prescribed Xanax, a medication that treats anxiety.
At no point during treatment did the patient express a willingness or desire to have his family join in on his sessions or be privy to his treatment or past medical history. And at no time during her sessions with the patient did the NP witness any signs or behaviors that indicated psychosis or violent thoughts toward his family members. The patient also never mentioned he had access to guns.
That’s why the NP was shocked to receive a frantic phone call from the patient’s wife saying, “he has a gun and is going to kill me.”
The NP immediately followed procedure and notified the police. But when the police arrived at the home, both the patient and his wife denied anything had happened.
Our client continued to treat the patient, who still showed no signs of violence or psychosis. Perhaps the patient’s wife falsely accused him?
But a few years after that frantic call, our client was stunned to hear about a far more concerning incident: the patient had fired a gun in public at his wife. He was arrested for attempted murder.
Our client was further shocked when she received a letter from the state medical board notifying her of a licensing complaint. It had been filed by the patient’s daughter due to “improper treatment” of her father. The complaint cited that the family should have been involved in his sessions since the patient was violent and had access to guns. Our NP’s license was now on the line.
That complaint was soon followed by another one, this time from the patient’s wife who cited the same allegation of improper treatment.
The family also took to social media, posting that the NP was “horrible” and “couldn’t be trusted.” Then they showed up at her office, insisted she provide access to the patient’s privileged records, and told the office manager that they were “out to get her.”
It’s understandable that the family was looking for answers and even for someone to blame. In the meantime, our client was looking for support.
Our client, who never had a complaint filed against her, contacted Berxi, her malpractice insurance provider. Her claim was assigned to Michael Treacy, Vice President of Casualty Claims at Berxi, a part of Berkshire Hathaway Specialty Insurance Company (BHSIC).
Michael’s priority was to reach out to the client and put her at ease.
“Our client was very shocked,” he explains. “She had done everything right but still had to defend her license. I assured her that this is why you have malpractice insurance and that we deal with this all the time and have attorneys who specialize in board complaints.”
Michael also reminded the client about one benefit of her Berxi malpractice policy – automatic coverage extensions, which would cover up to $25,000 of the costs of her legal defense for the licensing complaint (and would be plenty).
After gathering more details from our client about the patient and the treatment she provided him, Michael assigned her a local attorney, who helped respond to the two board complaints.
Within a few months, the licensing board dismissed both complaints with no disciplinary actions. This was a huge relief for our client since disciplinary actions can result in fines, mandated training programs, license suspension, or, in the worst case, license revocation.
The NP was relieved to have the complaints dismissed, but about a year later the story took another twist. The patient, who had cardiovascular disease and diabetes, died suddenly.
The family felt that the medication he had been prescribed by our client was the cause and filed a third licensing board complaint.
Our client was able to connect with Michael immediately. And he was able to enlist the same attorney who defended the previous two claims. Once again, after reviewing the response, the board dismissed the complaints without any disciplinary action.
As this story highlights, board complaints can happen at any time. And according to a National Institutes of Health (NIH) study, the complaint rate for mental health professionals is more than double that of physical health practitioners.
Fortunately, our client had the foresight to have malpractice insurance that offers financial strength, relationships with qualified attorneys, and full coverage to help her save her license and reputation.
It also demonstrates how having professional liability insurance (such as medical malpractice 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:
It’s important to note that typically licensing board actions are not covered by employer malpractice policies. If you are a healthcare provider with employer coverage, you will want to ask about that coverage and look into getting a secondary policy to protect and pay for licensing board actions. (Supplemental policies can start around $87.)
To have this peace of mind for your livelihood, start your quote here.
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Gina Gallagher is an award-winning copywriter, published author, and motivational speaker with more than two decades experience of providing freelance writing services to leading companies.
Berxi Editorial Team Aug 28, 2024
Alexis P. Theriault, Esq. Jul 24, 2024
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