anybody ever have to do a depostion?

  1. I was called by risk mgmt today saying my name was brought up in a lawsuit of the hospital. IT happenned over 1.5 years ago. The patient had fallen and broken her hip. I've never had to do one of these in the 7 years i've been a nurse and am nervous about it. The risk magmt said it was nothing to worry about(easy for her to say). I'm meeting with the insurance company next week on the case. If it's who i think it is, the woman was fifty years old with a sprained ankle and decides to get out of bed without calling for the nurse. I always chart well after someone falls, but am nervous about the whole thing, any advice? I'm going in next thursday.
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  2. 10 Comments

  3. by   BadBird
    When I worked in S. FL I had 17 depositions in one year, all from drunk drivers trying to get out of their DUI's. Just document well, and state the facts. If you don't remember just say you have no recollection of that event. What the lawyers were hoping for in the ones I was involved in was that I used a alcohol pad to clean the arm before drawing blood for the legal alcohol kits, nope I didn't soap & water and betadine. Not one of them one. I guess working in the ER we are more succeptable to those kind of cases.
  4. by   Peyton
    I've been called for a couple of depositions. Not medically related, but still. It was for an employer.

    My mother is a court reporter, my stepfather an attorney, so I wasn't very intimidated by the process.

    Just tell the truth *shrug*. You'll do fine.
    Last edit by Peyton on Feb 16, '04
  5. by   traumaRUs
    I am in the midst of a legal issue too and relaxing is difficult to do. However, its all you can do. Good luck...
  6. by   Katnip
    When you're asked a question, answer it very simply. If it calls for a yes or no answer, just say,yes or no. Do not embellish, do not try to explain anything further. If they want more information from you, the lawyers will ask it. If you need to clarify something, your lawyer will help you.
  7. by   Peyton
    cyber gives some good advice. "Just the facts, mam." LoL
  8. by   Tweety
    Quote from cyberkat
    When you're asked a question, answer it very simply. If it calls for a yes or no answer, just say,yes or no. Do not embellish, do not try to explain anything further. If they want more information from you, the lawyers will ask it. If you need to clarify something, your lawyer will help you.

    Very good advise. Don't offer any information unless they ask. Saying "I can't remember" is not wrong either. I've been to one and it was quite nerve wracking, but that was all in my head. Just be honest, even if it makes your institution look bad. You'll be fine, good luck.
  9. by   EastCoast
    Hi,
    I'm due to meet with the attorneys for a bazillion dollar skin care suit in which i was the manager of the ICU. I had met with the hospital lawyers so many times i finally stopped being available to meet with them. I waited to be supeaned (spell check please!!) by the other side. Anyway, at one of the first meeting i was told stay away from using the term "it's the standard of care". I guess those are words that open a can of worms. Good thing I made a return to this board. I almost forgot about the deposition....thanks for the reminder.

    By the way...if you are meeting with hospital on your time and are an employee...check the policy for reminbursement. Good luck.
  10. by   rn-jane
    Thanks everyone, the supervisor on duty that night is a good friend of mine she called me tonight, she's been called in too. She told me not to worry, it's merely a formality by our insurance company. She said she saw the chart and it's in our favor. The support of this board is incredible, there is nothing like IT anywhere. THANKYOU!!!!!!!!!!!!
  11. by   SmilingBluEyes
    VERY good article about giving depositions in this month's RN magazine. Read it if you get the chance, the advice is priceless. Good luck to you.
  12. by   WyomingRN
    My husband (15 years as a paralegal) says that you can also request to look at your notes (or the charts, etc) if it has been a while since the incident in question. Simply say something like, "I can't recollect, I would need to see the chart to be sure." or "I don't recall; I have to review the chart to refresh my memory."

    Enough "I don't recalls" and a smart attorney (who is acutally trying to get to the truth) should ask if you would like to review the chart, paperwork, etc.

    Also, the attorney for the insurance company should be willing to meet with you before the dep. to give you some ideas of what to expect.

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