Friday, January 20, 2017

An Expensive Lesson



   

     An attorney friend referred “Betsy” to me, urging me to help the poor unfortunate lady.  Betsy had uncovered evidence of her supervisor’s illegal activities.  Getting fired was Betsy’s reward for reporting this to her employer.   After reviewing the evidence, I agreed to represent her and we were off to the races.  Unfortunately, I soon discovered that there were two sides to this story.

     I noticed that my client never held a job for very long.  Further research disclosed that she’d filed suits against landlords, grocery stores, neighbors, former employers, ex-husbands, her health care providers, former attorneys, and even her church.  I was representing a “serial plaintiff.”  And like her other victims, I lost money in the process.

     The case taught me the hard way how important it is to thoroughly research the background of a potential client BEFORE taking on his or her case.  In my work with health care providers, I’ve also found that it is important to check out potential employees and patients.

     A doctor I represent had interviewed several candidates to work as his new billing clerk.  He decided to give one of the applicants a “working interview.”  After she had been on the job a few days, he called me because he was very unhappy with her work performance.  He wanted to know how he should terminate the relationship. 

     The results of the lady’s background check nearly sent me to the hospital.  She had a long criminal record that included time in jail for aggravated assault and theft.  We needed to immediately let her go.  Fortunately, she had not had a chance to steal from us or attack any of our patients when we relieved her of her duties.  We were equally lucky that she did not file an unemployment claim. 

     Another clinic I work for called me about a patient who had groped one of its nurses. The administrator wanted my help in dismissing the patient from the practice.  After reviewing the report of the assault, statement of a witness, and the patient’s chart, I agreed that we should dismiss the patient.  I drafted a letter telling him that because of his actions, we were banning him from the clinic.  From the chart, I knew that the patient was married.  Not wanting to stir things up with his wife, I hesitated sending the letter to his home.  Unfortunately, our records merely listed his employment as “retired.”  Imagine my joy when my research disclosed that he was a retired attorney who had specialized in litigation.

     It is simple and inexpensive to obtain necessary background information.  Google™, LinkedIn™, and Facebook™ searches are a great start.  There are also numerous companies that provide thorough background information for a reasonable fee.  Health care providers can easily obtain information from their patients on “Welcome to the Practice” forms. 

     Before conducting a job interview or a background check on potential employees, employers must comply with numerous laws governing hiring practices.  These laws prohibit employers from asking questions that might constitute illegal discrimination.  They also require consent of the applicant to certain background checks.  I have found that applicants rarely object to the background checks and that the information gained is well worth the extra effort.

     Please take the time to learn about your patients, potential employees, and clients.  The information may protect you from making bad choices regarding these relationships.  Equally important, the information will help you understand those people and improve the quality of your care and relationships with them.  It can be a positive choice for everyone involved.