It looked like any routine mail from the state’s regulatory agency. Our client, a nurse practitioner (NP) and owner of a newly established mobile healthcare company, thought it might be about license renewal, continuing education, or regulatory updates.
But when she opened the envelope and read the shocking words in the letter — “a complaint regarding your conduct … a possible violation of the Nurses Practices Act” — she realized nothing was routine.
She was even more shocked when she scanned the formal complaint enclosed with the letter and learned who had filed the claim and why. It was a physician at a healthcare facility she had met while networking to promote her services. Our client had never actually worked with the physician or any of his patients. She did, however, know why he filed the complaint. He had voiced his concern during their brief interactions.
Essentially, he was upset that our client had full authority to practice and prescribe medication without a supervising doctor. Our client listened to his concerns and respectfully explained that the state where she practices grants Full Practice Authority (FPA) to NPs who meet certain requirements. The physician, however, had his own opinion about the matter. “He expressed his strong belief that NPs should not be allowed to practice independently,” our client shared. And though the NP was practicing within the law — and had never even treated a patient at the doctor’s clinic — the physician chose to file a board complaint, putting our client’s license at risk.
This is the real story of how even an invalid board complaint can be filed, disrupt a life, need legal defense — and how the Berxi claims team stepped in.
When establishing her business, our client knew she needed nursing malpractice insurance to protect her. Fortunately, she chose coverage from Berxi, part of Berkshire Hathaway Specialty Insurance Company (BHSIC).
She never imagined she would call on that insurance so soon. She did know the impact a licensing board complaint could have on her business and was quite upset. “I [knew I] could lose my license, my business — everything.”
When she received the letter, our client submitted a claim through the Berxi portal. The claim was assigned to Zoey King, Associate Claims Examiner with BHSIC. “She was very upset and told me she needed help,” recalls Zoey. “She said that this had never happened before and that she didn’t know what to do.”
Zoey immediately put our client at ease, reminding her that board actions and license protection defense were automatic coverage extensions available with her nursing malpractice insurance coverage. That means the policy would cover defense costs from an experienced attorney versed in licensing complaints in the state where our client practiced.
In addition to having malpractice insurance, our client had another advantage working for her: she kept copious documentation.
After reviewing the documentation and speaking to the client to get her side of the story, Zoey learned more specifics about the physician’s complaint: he did not want the NP making and “performing surgical decisions at the bedside.” He also cited that “the services our client provided were complex and outside the scope of what nurse practitioners can provide,” and that “NPs must have physician supervision when treating clients.”
Though he acknowledged that this was his opinion and expressed his discontent with the licensing laws, the physician agreed that our client provided a valuable service to the community and that patients could benefit from her care prior to discharge. He also believed that he and our client could work together on discharge planning.
Why then did he file a complaint over a state law that had nothing to do with our client’s qualify of care or treatment of patients? Did he even realize that such a complaint would cost our client thousands of dollars to defend — and put her reputation and license at risk?
Leveraging Berxi/BHSIC’s strong relationships with top law firms around the country, Zoey was able to assign an experienced local attorney to help our client. The attorney crafted a formal response letter on behalf of the NP, citing that she was well within her authority to treat patients unsupervised.
Within just a few weeks, the licensing board ruled that there were “insufficient grounds to warrant commencement of formal disciplinary proceedings.” Our client’s license and livelihood were no longer at risk. “She was appreciative and happy to have this behind her,” recalls Zoey.
As this story demonstrates, any healthcare professional can be subjected to a board complaint — even when the allegations are unfounded. The repercussions of licensing board complaints can have a devastating impact on your livelihood and reputation and may result in:
With so much at stake, it’s critical for healthcare professionals to have malpractice insurance with an experienced provider to help protect them against licensing board complaints and malpractice lawsuits. Such complaints can be extraordinarily costly. In this case, the attorneys’ fees were $6,600. Had our client not had malpractice insurance, she would have had to pay out of pocket.
Even more important, her decision to choose Berxi allowed her to:
As this NP’s story shows, board complaints can come up at any time — even when the claim is baseless. This is why choosing an insurance company with top-rated customer service and the best financial backing in the industry is incredibly important. You want to trust that when you have a claim, you will be in good hands, emotionally and financially.
An added bonus: buying direct from Berxi can save you an average of 20% on your nursing insurance plan. Because Berxi is part of Berkshire Hathaway Specialty Insurance Company (BHSIC), a malpractice insurance policy from Berxi comes with the knowledge that you’re supported by a company that has the highest possible financial strength rating of A++ from AM Best and AA+ from Standard & Poor’s.
With Berxi, you’ll get:
To get this protection and peace of mind for your practice and livelihood, start your quote here.
Image courtesy of iStock.com/SelectStock
Image courtesy of iStock.com/damircudic
More:
The views expressed in this article are those of the author and do not necessarily reflect those of Berxi™ or Berkshire Hathaway Specialty Insurance Company. This article (subject to change without notice) is for informational purposes only, and does not constitute professional advice. Click here to read our full disclaimer
The product descriptions provided here are only brief summaries and may be changed without notice. The full coverage terms and details, including limitations and exclusions, are contained in the insurance policy. If you have questions about coverage available under our plans, please review the policy or contact us at 833-242-3794 or support@berxi.com. “20% savings” is based on industry pricing averages.
Berxi™ is a part of Berkshire Hathaway Specialty Insurance (BHSI). Insurance products are distributed through Berkshire Hathaway Global Insurance Services, California License # 0K09397. BHSI is part of Berkshire Hathaway’s National Indemnity group of insurance companies, consisting of National Indemnity and its affiliates, which hold financial strength ratings of A++ from AM Best and AA+ from Standard & Poor’s. The rating scales can be found at www.ambest.com and www.standardandpoors.com, respectively.
No warranty, guarantee, or representation, either expressed or implied, is made as to the correctness, accuracy, completeness, adequacy, or sufficiency of any representation or information. Any opinions expressed herein are subject to change without notice.
The information on this web site is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment, and does not purport to establish a standard of care under any circumstances. All content, including text, graphics, images and information, contained on or available through this web site is for general information purposes only based upon the information available at the time of presentation, and does not constitute medical, legal, regulatory, compliance, financial, professional, or any other advice.
BHSI makes no representation and assumes no responsibility or liability for the accuracy of information contained on or available through this web site, and such information is subject to change without notice. You are encouraged to consider and confirm any information obtained from or through this web site with other sources, and review all information regarding any medical condition or treatment with your physician or medical care provider. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING THAT YOU HAVE READ ON OR ACCESSED THROUGH THIS WEB SITE.
BHSI is not a medical organization, and does not recommend, endorse or make any representation about the efficacy, appropriateness or suitability of any specific tests, products, procedures, treatments, services, opinions, health care providers or other information contained on or available through this web site. BHSI IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR, ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER SERVICES OR PRODUCTS THAT YOU OBTAIN AFTER REVIEWING THIS WEB SITE.
Click to collapse disclamerWant Berxi articles delivered straight to your inbox? Sign up for our monthly newsletter below!
"*" indicates required fields