Suit from my last job.. tail coverage?

[hellacoolpa]

I wish this was hypothetical... Looking for anyone with experience or knowledge of the subject. 

A few years back, my boss and I had a post operative death - she was doing okay on POD #1 and I discharged her - my boss did not see her. She went home with a foley due to urinary retention which she said she has after every surgery. UOP was okay post op. Her husband called 3 days later and said no urine had come out since they went home... sent them to the ER. Long story short - she was septic. CT showed mild fluid in the abdomen but that was really it. We had to re-explore. Didn't find any perfs but her gallbladder looked like hell. Called in general surgery and it was removed - best they could tell was she was septic from a gangrenous gallbladder - unrelated to her original surgery. She unfortunately died a few days later in the ICU. 

Fast forward almost 3 years - husband filed for extension on the statute of limitations and ultimately filed a suit. 

I no longer work for that surgeon but left on very good terms. I'm not sure about my contract there or tail coverage.. honestly I don't think I have it. My questions is - since I was covered at the time of the event, am I covered for this case? If not, does it really matter? 

I feel like this is day 3 of several years of stress... 

[MT2PA]

If you had claims coverage without tail then you are NOT covered for this event.

if you had occurrence based coverage, you are covered.  If you had claims + tail you are covered.

You are absolutely at risk for being named in this suit.  It absolutely matters what your contract says and what kind of coverage you had/have for your time at that employer.

Find a copy of your contract ASAP.

[SedRate]

Consult a lawyer. Are you listed in the suit? Contact the old workplace for a copy of your contract, which should list your malpractice insurance company or coverage type. Contact the insurance company for details of your coverage, e.g., coverage dates, claims made, occurrence, and tail.

[GetMeOuttaThisMess]

Always, always, ALWAYS get a copy of the declaration page/policy showing that YOU are covered under what type of policy if covered by your employer and a policy is not in your name.  If you are not covered then while they can make your life hell you still can’t get blood from a turnip and they will chase the big fish.  Even if not named they will still make your life hell with a deposition, and in the event this is one of those small percentage of cases which actually goes to trial, your court testimony.  By the way, this process is not one that proceeds quickly if you want it done and gone.  I speak from experience in regard to the “name the chart” case in which I was involved but was never involved with the primary missed diagnosis/failure to properly treat scenario.

[AbeTheBabe]

I've read that even if you don't have tail you should still be covered as long as your SP still has malpractice insurance. Not sure if it has to be with the same company though.

[hellacoolpa]

Thank you all. This was my first job and I had no idea what to expect. I guess I was naive in thinking everything was fine.

Update - I found my face sheet for malpractice through old employer -  claims only without tail. Interestingly, policy still active til Nov 2018. I talked to practice management at my old employer today. They plan to back me using the same attorney as my old boss. They got me in contact with malpractice claims rep who verified that I am covered right now. I won't be after November unless the company buys me a tail policy. They DO plan to do this for me.

Obviously, I am keeping close tabs on the situation. I am still close with my old boss and I feel 100% certain she wouldn't roast me. 

I read the petition. I wish I wouldn't have. Of course, it's grossly wrong and an inaccurate description of what happened. Really makes very little medical sense. Still very hurtful and disappointing. And nerve racking. 

I haven't been served yet. Every man that walks in the building makes my heart drop, thinking they are here to serve me. 

 

[SedRate]

2 hours ago, hellacoolpa said:

Thank you all. This was my first job and I had no idea what to expect. I guess I was naive in thinking everything was fine.

Update - I found my face sheet for malpractice through old employer -  claims only without tail. Interestingly, policy still active til Nov 2018. I talked to practice management at my old employer today. They plan to back me using the same attorney as my old boss. They got me in contact with malpractice claims rep who verified that I am covered right now. I won't be after November unless the company buys me a tail policy. They DO plan to do this for me.

Obviously, I am keeping close tabs on the situation. I am still close with my old boss and I feel 100% certain she wouldn't roast me. 

I read the petition. I wish I wouldn't have. Of course, it's grossly wrong and an inaccurate description of what happened. Really makes very little medical sense. Still very hurtful and disappointing. And nerve racking. 

I haven't been served yet. Every man that walks in the building makes my heart drop, thinking they are here to serve me. 

 

Get the paid tail coverage policy in writing. 

I'm sorry to hear you're having to go through this. Chin up and good luck. 

[GetMeOuttaThisMess]

4 hours ago, hellacoolpa said:

Thank you all. This was my first job and I had no idea what to expect. I guess I was naive in thinking everything was fine.

Update - I found my face sheet for malpractice through old employer -  claims only without tail. Interestingly, policy still active til Nov 2018. I talked to practice management at my old employer today. They plan to back me using the same attorney as my old boss. They got me in contact with malpractice claims rep who verified that I am covered right now. I won't be after November unless the company buys me a tail policy. They DO plan to do this for me.

Obviously, I am keeping close tabs on the situation. I am still close with my old boss and I feel 100% certain she wouldn't roast me. 

I read the petition. I wish I wouldn't have. Of course, it's grossly wrong and an inaccurate description of what happened. Really makes very little medical sense. Still very hurtful and disappointing. And nerve racking. 

I haven't been served yet. Every man that walks in the building makes my heart drop, thinking they are here to serve me. 

 

Glad to hear that you have coverage.  Even without the tail to this point you still would’ve been covered if same policy remained in place during this time.  Only once the policy is no longer in effect does the tail come in to play, as per my understanding.  Remember this will be a marathon and not a sprint process most likely.  I was dropped after my deposition.

[Anachronist]

Also, for what it is worth. Try to keep in mind that the attorneys are just after money (I'm related to a DUI/personal injury one ). If someone isn't covered, they seldom try to come after them personally, even if they have assets, it is a long road to actually get them even after a settlement; a check from the insurance company is what they want.

Also don't let it become personal, I watched my dad go through that, he was eventually dropped from the suit but it took a toll on him. The family is just doing what the lawyers tell them to and they may or may not have any personal grudge toward you or anyone else; and they probably don't understand everything that is going on. You're most likely just another name to them that the lawyers want to use to get at the insurance company.