A 68-year-old man was undergoing spinal decompression surgery.
Near the end of surgery, numerous issues arose with his vital signs, and the anesthesiologist tried addressing them one after another to stabilize the patient so the surgery could be completed. During these well-meaning attempts, time passed, and the patient died from brain injuries.
A claim was filed, and investigation ensued. During expert review, a panel of physicians unanimously agreed that the surgery should have been stopped due to the time lapse. The anesthesiologist, a Physicians Insurance Member, agreed.
Settlement was being negotiated, then hit a roadblock when the patient’s widow mistakenly believed that the retirement benefits she would receive would decrease due to her husband’s death. Negotiations were paused, and Physicians Insurance hired a specialist who researched the issue and reported that this was not the case, recommending that no additional reimbursement would be necessary for that income element. Nevertheless, the widow remained concerned. To the dismay of our Member, the case was proceeding to trial. “Knowing that we were preparing to go to trial was a real low point for me. I knew I had made a mistake,” the physician recalled. “I am a pragmatist and did not think we were close in negotiation, so I was not hopeful about that process.”
“My Claims Consultant, however, remained encouraging and was very empathetic. He checked in regularly to see how I was doing and offered me names for counseling or peer support, if I needed it.”
Physicians Insurance Goes Above and Beyond
While prepping for trial, the PI Claims Consultant continued mediation efforts. To support our Member and to make the widow feel whole, Physicians Insurance and the defense team decided to compromise on the disputed economic loss, despite the expert evidence to the contrary. Physicians Insurance factored the widow’s perceived financial loss of retirement benefits into the agreement negotiated, leading to a higher settlement amount, but this decision drove the conclusion of a difficult chapter for both plaintiff and defendant. And it was a price Physicians Insurance was willing to pay to act in our Member’s best interests.
Physicians Insurance’s support continued through the process after the settled case was reported to the National Practitioners Data Bank, with our Member’s costs for legal response to his medical board’s subsequent administrative inquiries reimbursed along the way.