Having to meet with the hospitals lawyer

Nurses General Nursing

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Specializes in Huntingtons, LTC, Ortho, Acute Care.

To avoid going into too many details, I am being asked to meet with the hospitals lawyer for a "possible compensable event" I have a little background on the issues (yea two separate ones:nailbiting:) one I know is certainly not my fault.... The second not my fault but I'm sure I'll have a lot of questions directed at me/my judgement. I was following orders but there was an adverse event despite following orders. Again I really don't feel comfortable giving details, but can someone please tell me what it is like I've never done this before and my stomach is in knots. There is a little he said she said too, I was told the patient claims I said something to them, that I definitely did not. But anywho, any advice? It's with my place of employments lawyer, not with any of the patients. Just not sure how these things go or how to prepare myself.

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Specializes in PICU, Pediatrics, Trauma.

I assume you aren't giving any details in order to protect confidentiality....right ? Wrong? Not sure what advice without some info. Do you have a union rep who can accompany you? This is the only advice I can give without more information. Hopefully your charting is thorough. Saved me in the past.

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Specializes in Huntingtons, LTC, Ortho, Acute Care.

I know the lack of info makes this hard to advise on, but what is it like? Because I felt my charting was pretty accurate on both occasions.

The one occasion I didn't document a reassessment of a pain, my facility is having us do hourly rounding but no where to chart it, so it looks like I didn't observe a patient for 3 hours before needing to call a rapid response but I did see them hourly (of course not charted not done) but nowhere to document rounding leaves it difficult to prove I did/didn't. I did put what I observed on my rounds in the report we need to fill out for risk management after patients are sent to higher levels of care.

When delivering the patients belongings to the new floor they were awake so I stated I was sorry they had the experience they had but so happy they were alright, they had me scared. Patient told me they had a similar experience prior, first time I heard that! But they've reported I said to them that I said I almost killed them, certainly never would say that to a patient!

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Specializes in Critical Care.

The purpose of meeting with the hospital's lawyers is to help you feel more at ease with a deposition, in my experience they are pretty good and getting you adequately prepared. Since you're not a defendant in the suit there isn't too much to worry about in terms of what they can do to you, but you do need to avoid anything that isn't up to the standards of a nurse, which would include what you said in the first post; "I was following orders but there was an adverse event despite following orders." That's sure to raise some red flags if you say that in a deposition since we don't actually "follow orders", the MD initiates orders that we implement only if we agree with the order. The fact that you have an order for something in no way protects you in following that order.

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Specializes in Huntingtons, LTC, Ortho, Acute Care.

Thanks muno,

I realize this unfortunately after the fact. It was a patient whose surgeon is notorious for pain management issues and bleeding issues. And out of habit went along with the order because "those patients, more often than not have this issue"... As the song goes "if I could turn back time" good news patients alive, bad news, them putting words in my mouth isn't very good either :no:

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Specializes in Med/Surge, Psych, LTC, Home Health.

I've had to do this before, when I worked at a nursing home. I'm not going to say that it is "no big deal" because it IS a big deal and it is scary. However, because I was not directly involved and I knew I had done nothing wrong... that made it easier to bear. Just answer all questions truthfully and to the best of your knowledge, and you'll be fine.

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Specializes in Critical Care, Med-Surg.

They're going to ask you a lot of questions, and they only expect you to be as honest and accurate as you can. If you can't remember something, or you're not sure - just say that. But try your best not to "fill in the blanks" with your best recollection if you're not really sure.

It's not as scary as it seems.

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Specializes in Psych, Corrections, Med-Surg, Ambulatory.

The lawyer's job is to keep the hospital from having to pay out a pile of money, and he needs you to help him. These situations tend to make us feel like school children being called in to the principal's office, but please lose this mindset.

You are a conscientious professional. Be calm, make eye contact with whomever is asking you questions and give clear, straightforward answers. Resist the urge to start blithering defensively. When asked a question for which the answer is no, then make eye contact, shake your head slightly, and say no. Period. Don't volunteer details, just answer what is asked.

The lawyer will appreciate your calmness and clarity; it will make his/her job easier.

Take a breath. It's all in a day's work.

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I had to meet with a lawyer after an event done by another person. I was the person discovering the problem and taking steps. The lawyer explained to me that that they write down all the fact and what I am stating and such in case that a law suit comes along. He said that most people do not remember enough details after some time has gone by. In addition, they can also judge what the legal risk is.

While it was not my favorite activity, it was not stressful. I answered all questions honestly.

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Don't give answers to anything not actually asked about. Don't bluff, if you don't know the answer then say you don't know.

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I was called by the hospitals legal team once reguarding an event in the ICU when I was precepting. A patient had coded, we got him back, but he was brain dead. I was terrified when I recieved the call without any warning. Legal wanted my account of events. I wasnt in trouble and neither was my preceptor. I got the impression they wanted statements in case the family wanted to sue.

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Specializes in Healthcare risk management and liability.
https://allnurses.com/ob-gyn-nursing/shoulder-dsytocia-lawsuit-1045407.html I made a post in this thread talking about some general principles on what to expect in these situations.
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