frivilous lawsuits and the toll they take on nurses

[hyacinth]

I thought I had heard everything then I heard this. A post-partum nurse doing mother baby did her routine shift assessment of baby and mother in pt rm,head to toe on mom and baby and 85 days later the pt writes a letter to the CEO of the hospital accussing the nurse of stroking the baby to erection twice during the exam!!! The mother is in her 40s,the father was also in the room per pt and her husband. Nothing said @ time. Experts have weighed in state the infant newborn male does not have the circulating testosterone to even make this a possibility.The pt a year later filed a 500,000 plus lawsuit against nurse and hospital accusing this nurse of molesting her baby!!!!!!!! Has anyone ever heard anything so crazy!!Hospital filed no police reort or DCS report as it is not medically even possible for this to have happened.Obviously this pt is trying to get $$$.Can the pt be criminally prosecuted for lying?

[hyacinth]

This is so horrifying if a pt has bad intentions these suits can happen. I believe they are rare,but it does give one pause when we hear this type of thing. I am friends with this nurse she is a RN of 20 yrs.with a great reputation . I know this story has spread in the L&D and mother-baby PP nurse community and really frightened nurses and most ufortunatly has re-enforced for pp nurses who skipped doing this required assessmnet or even an assessmnet as required on the mother (falsifying records saying they did it-and checking that the genitals are normal when they haven't even assessed them.)They now justify that this is exactly why they don't and won't do the required shift assessment on mother and baby. When I am doing my shift assessments checking to make sure the baby's testicles are decended into the scrotal sac and the urinary meatus is in the corret position(as we in my hospital are required to do as part of our newborn shift assessment) I always think of my friend who is still working but a bit shell-shocked still dealing with this suit which will god willing be tossed out of court soon. DO WE NEED TO FEAR OUR PATIENTS??

[cougarnurse]

Has this been written up in the paper? If so, provide a link....

[hyacinth]

No not written up in the paper as suit is ongoing.The nurse was told by the insurance company that even though they feel this is a bogus suit it is very expensive to defend(a very conservative estimate is 50,000 dollars) and that plantiffs like these and their unscupulous attorney bank on this and insurance companies throw "a bone" to the plantiff,nothing like what they are asking for but "40 to 50 thousand" OUTRAGEOUS!!! EXTORTION I think.The nurse has envoked the cumis rule which is a civil law that when the insurance companies reserve their rights allows the insured to have their own consul not tied to the hospital and the insurance company must pay.My friend will fight tooth and nail settling but it is possible that a settlement might be signed off by the hospital against her will. Anyone out their have info or experence withthis type of thing?

[hyacinth]

Good News-my Friend Secured A Nurse Attorney Who Is Preparing A Lawsit Against Pt And Her Unscrupulous Attorney.my Friend Won't Budge-if This Is Not Dropped By The Plantiff She And Her Attorney Will Go To The Media With The Pts Insane Letter.

[cougarnurse]

Best to have an expert witness, also. With a nurse attorney on board, am sure they are aware of that.

*Sigh* What next?

[hyacinth]

Oh they have a neonatologist(who is also a professor @ medical school/university ) and a pediatrician(also a professor@ medical school)they(the expert witnesses) particulary hold not only the pt in contempt but also her lawyer-for taking such a case.My friend said one of these very serious and dour experts called the plantiffs attorney "repulsive" I agree.All expert witnesses have said the accusation is impossible that a newborn infant male does not have the circulating testosterone to be stimulated like that. I am so disgusted by this---I think that low life of a plantiff has a truck load of bad karma coming her way! She should be in jail,it makes me wonder what her poor child is in for with such awful parents-there should be laws that criminally punish people like this. Can you imagine what my poor friend has gone through?She said never in all her life could she have ever imagined this-she has been a nurse for @ least 2 decades and never been deposed or involved in a suit....

[hyacinth]

New news my friend has found an attorney eagerly wanting to sue both the plantiff but especially her attorney. He was recommended by a former DA(as he was himself)apparently he specializes in this kind of thing,he told my friend to say nothing as if they drop the suit he may not be able to do much. Best of all he is taking the case on a contingency.While my friend initially hoped they would drop it(the plantiff)she dosen't now, as their persueing this he says is akin to beating a dead horse in that will gain nothing for them but definatly prove the case for malicious prosecution. So she is totally being guided by him in all communications with the insurance adjustor.....

[hyacinth]

oh and this is the same attorney that was once a nurse in the military I think.

[hyacinth]

Update. Pt now saying she feel "incident" not sexually motivated!!!LOL!I guess they must now know that it is medically impossible.My friend needs to legally flog this horrid woman.