I Don't Want To Go To Court!

Love-A-Nurse · Aug 17, 2002

i do wish you all the best.

MQ Edna · Aug 17, 2002

Flowerchild, I've given a deposition before and it isn't fun! (I wasn't the one being sued, thank the Lord). Above all else, DON'T TALK TO ANYONE ON THE PHONE!!! There are slash-and-burn lawyer groups who will, without actually lying, most definitely lead you to believe that they represent your hospital, your malpractice insurance company and ask you to give all sorts of information. I've heard of it being done to friends, and had it attempted on me.

Phone rings: (It's 11:00 at night)

Me (groggy): Hullo?

Voice: Hello, this is the lawyer addressing the case of Mrs ????? (didn't remember it from Adam) who fell in the shower at your institution four years ago. The case goes to trial tomorrow morning (I'm not kidding on this) and we are wondering if you will be able to give testimony...

Me: (What I wish I'd said): For confidentiality reasons, I do not give information on patients or professional matters over the phone at my place of residence. Please approach me officially at work with my supervisor present.

Me: (What I actually said): HUH?????

Anyway, Flowerchild, please be careful. Know who you are talking to, and protect yourself. I truly wish you hadn't pitched the documentation; I would recreate what you can remember, including dates and times, for your own benefit. Take care! JeannieM

flowerchild · Aug 17, 2002

Thanks JennieM, I am hoping this lawyer is who he said he is... I knew after the conversation that I probably answered too many of his questions and kinda wished I hadn't. Too late now. Like I said I hope I was too wishy washy with what I remembered for him to call me to the stand... I hope so.... It was 2 years ago and I didn't recall everything very well anyway. I figure that they'd subpeona me anyway, even if I hadn't said anything. Your right I need to write down what I do remember. The documents I threw out recently, I didn't even read them so none of the info is fresh in my mind. Let this be a lesson to others, keep your documentation. If I had kept the documentation I'm sure I'd of been subpeoned though. So getting rid of it just might save me from going to court... I hope. I don't know. I'll be much more careful in the future.

SmilingBluEyes · Aug 17, 2002

flowerchild. my best wishes are with you. and happy birthday, even tho it's not. i am so sorry. good luck.

debralynn · Aug 17, 2002

Happy Birthday to you, Happy Birthday to you, Happy Birthday Dear Flowerchild, Happy Birthday to you.....and many more......on channel four......etc. etc. etc..

researchrabbit · Aug 17, 2002

HAPPY BIRTHDAY!

I too hope you are not called to court!

nimbex, RN · Aug 17, 2002

been there, though not on my birthday, wishes to you. I can tell you that should you have kept the notes, they most likely would be ADMISSABLE evidence in the court. Which can be a very bad thing if even one comment or word was not strictly professional.

Never talk to a lawyer over the phone. When I was needed to be contacted by an attorney, it was handled through my hospitals attorney, who briefed me to the rules of the game and sat with me through the deposition. He told me under no circumstances should I discuss this with anyone especially the attorney.

I suggest you contact your facility risk management ASAP! for damage control.

PS, they WANT wishy washy, not a confident person standing with a lawyer who says "NO COMMENT". Good luck.... have a BIG slice of cake from me!

montroyal · Aug 17, 2002

Flowerchid, several years ago a I learned how to stay out of court. Nurses are liscenced by each state as professional. As such we can charge for services in which we use are professional trainning. This includes talking to attorneys and testifing in court as a professional. Md's have been doing this for years. As an ED nurse, I have been contacted several times by attorneys reguarding civil cases. As soon as the lawyer identifies himself, and explains the reason for his call, I tell them I charge a professional fee of $900.00 and hour plus expenses for these services. I then explain to him/her that this fee covers all conversations and phone calls. I then ask the lawyer if he wishes to continue with this conversation. No one has. Check with your local Board of Nursing to see if they have any guidlines reguarding of fee schedule for these services. You will be surprised how little control is over this industry. Keep in mind that this works for civil cases, not criminal cases. Good luck

sjoe · Aug 17, 2002

Montroyal. That is an excellent idea, and a fair price.

froghairfinlay · Aug 17, 2002

My brother is an attorney. He said that you should not answer any more questions unless you are represented. You need to talk to the department that handles these type of situations. Also, someone else has already suggested it, but you need to sit down and try to remember what happend and then write it down. Good luck.

Jenny P · Aug 17, 2002

Please get a lawyer who has experience in cases like this to represent you! Most lawyers will not charge for the first hour for consultation; so you can talk to them to find out what they can and can't do for you and what your risks are.

Another piece of advice for others (that does not apply to you in this instance) is don't go to a lawyer who has no knowledge of medical issues if you are being charged with malpractice or negligence. It makes a big difference in your defense to have a lawyer who understands the nursing environment.