Question:

I have recently been involved in an incident at work (labor and delivery) and, although my background and experience in the situation is being questioned, it is now three days later and I have not been called to give my account of what happened. I have never been involved in a potential legal case and am not sure what steps I should take. I am very distraught about what happened and am seeking counseling through my employee assistance program. What is my first step?Signed,Mary

Answer:

Dear Mary,Being involved in an incident, which I assume caused an injury to the mother and/or the fetus, is an upsetting thing. The benefits of counseling can not be underestimated, so it was wise of you to take advantage of this employment benefit. The counselor-patient relationship is a confidential one, so it allows you to share your concerns freely and in aprotective setting.When a work incident occurs, it often takes time to gather the facts about what happened. Reviewing the medical records, talking with all staff who were involved or who might have been witnesses, and talking with specific healthcare providers providing care at the time takes careful and special analysis by risk management, other quality assessment staff and committees, administration, and legal counsel. Another factor that may take time to reevaluate is what the patient is going to do about the incident. Is a suit going to be filed? What are the alternatives to a suit, if any (e.g., agreement to settle the case)?If you have purchased your own professional liability insurance, it requires you to notify the insurance carrier of a suit or the possibility of a suit so they can prepare to defend you in that suit. The attorney assigned to your case is a good resource for you and can inform you of the process and legal rules governing your situation.If you do not have professional liability insurance, you should consult with an attorney in your state for the rules and process that might be involved in your situation.Cordially, Nancy