Region: New England
Profession: Family Nurse Practitioner (FNP)
Overview:
An FNP was taken to trial for allegedly failing to diagnose a subdural hematoma in a patient who later required brain surgery. Despite the severity of the claim, a thorough defense and lack of clear early warning signs led the jury to rule in favor of the provider.
What Happened:
A male patient presented to the FNP after falling and hitting his head. He complained of a burning, band-like headache but showed no visible signs of trauma and walked with a normal gait. The provider diagnosed dehydration and advised fluids and Tylenol.
The patient returned a week later with a pounding headache and was diagnosed with a tension headache. A full neurological exam was not documented at either visit. Two weeks after the initial encounter, he went to the emergency room, where a CT scan revealed a subdural hematoma requiring surgical evacuation.
The plaintiff alleged that the FNP failed to order imaging or refer to a neurologist, resulting in permanent neurological deficits and a significant loss of quality of life.
Key Legal & Clinical Issues:
- Failure to order CT or MRI after reported head trauma
- Incomplete neurological documentation
- Alleged failure to recognize red flags or refer appropriately
Outcome:
The case proceeded to trial. The defense presented expert testimony showing that the patient did not present with symptoms that would typically indicate a subdural hematoma. Further, the defense argued that earlier detection would not have changed the clinical outcome.
After two weeks of trial, the jury found in favor of the FNP.
Risk Management Takeaways:
- Always perform and document full neurological exams when patients report head trauma
- Document any absence of red flags or loss of consciousness clearly
- Provide and chart patient education on when to seek urgent follow-up
Estimated Savings:
The plaintiff’s demand reached into the high six figures, citing lost wages and life care costs. A jury verdict in favor of the FNP saved an estimated $500,000–$750,000 in defense and indemnity exposure.
Why Malpractice Coverage Matters:
CM&F clients are backed by MedPro Group — the nation’s strongest malpractice insurer.
- 90% National Trial Win Rate
- 80% of Claims Closed Without Payment
- Defense costs covered, even in dismissed or frivolous claims
Disclaimer:
Nothing contained in this article is intended as legal advice. Facts and details have been altered to protect privacy. For legal or medical guidance, consult your attorney or healthcare advisor.
