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Allen M., Esq.
Allen M., Esq., Attorney
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Experience:  Lawyer and legal specialist.
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Hi, I received a letter today from an attorney representing

Resolved Question:

Hi,

I received a letter today from an attorney representing a former patient of mine. I am a registered nurse and the letter states there is an intention of their client on bringing a civil lawsuit for negligence against me. It also states there are other healthcare providers involved as well. I no longer work for the hospital where the said patient was treated. At the end of the letter it states to have my representative contact them with any questions and/or if I have any interest in reaching an amicable resolution prior to the initiation of litigation.

Since I do not work this hospital anymore what do I do? I spoke to a friend and was told to contact the hospital's risk management director. I do not have personal malpractice insurance but thought of applying for it.
Submitted: 11 months ago.
Category: Legal
Expert:  Allen M., Esq. replied 11 months ago.
Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

Your friend was right. You need to contact the hospital risk management director or legal office. Obtaining personal malpractice insurance now wouldn't help, because it would not be covering you for the period in question. It works like other insurance and would consider this particular incident a "pre-existing condition" for lack of a better term.

You would have been covered by the employer's insurance coverage during that period and so you should contact them so that you can be placed into contact with the insurer/legal representative for you.
Customer: replied 11 months ago.

So I should have legal representation from my previous employer? I am also wondering why I was personally contacted at my home. Is it because I no longer work for the hospital? Am I to assume this patient sent a similar letter to the hospital as well?


 


Also wouldnt the hospital be looking out for their own interest rather than mine in association with a possible lawsuit? I didn't know if and when I should get an attorney for myself.

Expert:  Allen M., Esq. replied 11 months ago.

You should at least contact the previous employer, to determine what insurer you were under. That insurer will be representing their interests. The hospital will be liable for anything that you might be liable for, so their interests and your interests will tend to coincide. They don't legally gain anything by saying "she did it."

It may be worth getting your own attorney at some point, but it's too early now to know if you need to and may be an unnecessary expense.

Allen M., Esq., Attorney
Category: Legal
Satisfied Customers: 15546
Experience: Lawyer and legal specialist.
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