Freeked Out In A Law Suit

Specialties Emergency

Published

I am have recently been named in a law suit by an OD we recieved in the ER one night. The pt was brought in by EMS. Lab work revieled methadone, valium, phenergan, thc and etoh on board. I followed normal protocol;ewall, folley, monitory o2 ect.

The suit states that I sexually molested the pt. The pt as well as my self are male. I am married with a child. I have ER MD documentation of pt halucinating and low respirations ect. He received cha, narcan and romazicon. Later documentation in the ICU from an out of house psych facility shows Halucinations and delusions. The hosp. has provided an attorney. He says not to worry that this will not make it past deposition. My concern is that There was not much nursing documentation on him in th ER due to the fact that he was out of it most of the time. There is doc. of sternal rubs due to LOC and things of that nature, This is my first, and hopfully, my last suit. Any advise or coments? Als there have been no criminal reports filed agianst me and the date has passed for him to do any. The lawyer says my lisc. is not in jeopardy. HELP!!!!!!!!!!!!!!!!!!!!!!!!!!!

1) Retain your OWN legal counsel ASAP. It is not unheard of for hospitals to sell out nurses to save themselves. They view us as expendable.

2) Keep a log of everything that happens and what you learn along the way. Later you can look back on this as a learning experience. You may even write a story or article about your experiences. Nice way to make a positive out of a negative.

3) The plaintiff probably has no case - but do not rely on this. Remember law often has no correlation with justice (sad, I know, but true).

4) The case may get thrown out. If it does, consult with YOUR attorney (see above) about counter suit for frivolous filing, endangerment of livelihood, and emotional distress. If filed, you can also recoup legal fees.

5) Another learning point. Where this concept of not carrying your own professional comes from eludes me. As you have seen, you can get sued without it. NO research has indicated that those who carry their own insurance are more likely to be named. Plus it pays attorneys fees. I pay $80 per year for $3 mil of coverage. Less that one hour of attorneys fees.

6) Another learning point. Document, document, document. Even drunks that are passed out and sleeping it off should have consistent documentation. Sounds paranoid but now you see why.

Donald

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Donald Cox, RN, BSN, CEN, RCIS

mailto:[email protected]

IM me on AIM or Yahoo! - doncoxrn

http://www.cox-family.org/Donald/

Currently on assignment in New Jersey

But still calling North Carolina home.

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I feel like my wild oats have turned to shredded wheat.

I don't think you have anything to worry about. The patient was "out of it" and hallucinating -- it won't take long for the attorney to ascertain that the patient doesn't have other lucid memories of his ER experience.

Don't get paranoid and spend a fortune on an attorney of your own. You were functioning as the hospital's agent when this happened, so your liability is THEIR liability, and it's in their best interest to provide you with the best possible counsel.

I agree with the posters who say get your own attorney!!!Why should the hospital go out on a limb for you? If there is ANY difficulty you will be glad you as an individual are represented. You know how most hospitals treat nurses-I'm not saying they will really treat you badly, but if it is you against them in any way you know who will lose, as the lawyer's first responsibility is the hospital. I have carried since 1963 and hav neve had to use iT But i know plenty of nurses who hav had to. Good luck!

YIKES, WHAT A SCARE. I HAVEN'T BEEN IN A SUIT BUT A FAMILY MEMBER WANTED TO SUE ME AND I DID GET WRITTEN UP. I WOULD THINK THAT A PHARMACOLOGIC MESS WOULD BE FAIRLY EXONERATING BUT YOU SHOULD HAVE ANYWAY. IF THERE IS EVER A CASE INVOLVING YOU AND AN MD THE HOSPITAL WILL SIDE WITH THE MD AND OFFER YOU NO PROTECTION. I HAVE PREPAID LEGAL BECAUSE MY FRIENDS DAUGHTER SELLS IT AND I WAS DOING A FAVOR THINKING I WOULD KEEP IT A YEAR. IT HAS BEEN 2 YEARS NOW AND I HAVE USED IT IN EVERYDAY LIFE SEVERAL TIMES AND HAVING A LAWYER TO REFER PEOPLE TO CHANGES THINGS FAST. I WOULD GET A LAWYER NOW IF I WERE YOU IT MAY NOT COST WHAT YOU FEAR AND IT WILL PUT SOME WEIGHT IN YOUR CORNER FOR THIS PATIENT TO THINK ABOUT. GOOD LUCK AND KEEP US POSTED.

Originally posted by kitty=^..^=cat

Don't get paranoid and spend a fortune on an attorney of your own. You were functioning as the hospital's agent when this happened, so your liability is THEIR liability, and it's in their best interest to provide you with the best possible counsel.

Do you live in the US? If so, have you ever had any encounters with liability? I'm not attacking you but this is an extremely naive view and just wanted to know from what perspective you have this opinion.

Donald

OK. In 17 posts we have 5 for obtaining your own legal counsel and 2 against. Anyone else want to 'vote'?

Donald

Voting here................

Get YOUR own attorney!!! The hospital counsel will "throw you under the bus" in a heartbeat if they need to!

I've worked as a risk manager and Director of QRM for the past twelve years and have been through numerous (50+) lawsuits against the facilities where I've worked (two small and one large). I have NEVER seen a claim against a nurse make it through to the trial phase of a case, and I have NEVER observed that a nurse's /individual counsel provide any beneficial service to the insured. I know first-hand that hospital counsel is MOST concerned about managing the liability of the nurse or other practitioner, since the hospital shares the exact same liability.

Originally posted by howie122832

Voting here................

Get YOUR own attorney!!! The hospital counsel will "throw you under the bus" in a heartbeat if they need to!

i agree!!!:eek:
Specializes in Oncology/Haemetology/HIV.
Originally posted by katscan

I agree with the posters who say get your own attorney!!!Why should the hospital go out on a limb for you? If there is ANY difficulty you will be glad you as an individual are represented. You know how most hospitals treat nurses-I'm not saying they will really treat you badly, but if it is you against them in any way you know who will lose, as the lawyer's first responsibility is the hospital. I have carried malpractice insurance since 1963 and hav neve had to use iT But i know plenty of nurses who hav had to. Good luck!

Sorry Kittycat,

My experience is that Risk Managers serve the Hospital suits and not the nurses.

I would no more trust the hospital lawyers (at any place that I have worked) to look out for my best interests or the truth than I would trust a pig to fly the concord.

Keep and have your own atty at any legal question and answer session.

Yes to your own attorney and Yes to . Better safe than sorry.

Specializes in Trauma, Teaching.

I've been told by several nurses that our hospital has settled out of court just to shut people up, even though the nurse was absolutely in the right. It costs less to settle than to go to court to defend your nursing reputation.

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