Need tips...meeting attorney re: pt liabilty case

[bethin]

I'm a friggin' mess right now. Just got a call from HR requesting my presence next week to meet with an attorney. When I inquired further I was told a pt (or family) is suing the hospital and I'm being asked to appear. I asked if I was meeting the hospital's attorney, pt's attorney or both. HR said they couldn't say. I'm not dumb, they're calling me in because either I worked that day or more likely my name is on the chart. What if I inadvertantly charted wrong? What if I charted on the wrong pt? OMG, I'll never work again!

I'm not intimidated my lawyers. I'm rarely intimidated by anyone. What do I say? What don't I say - without lying? I've racked my brain thinking who could possibly be suing but cannot think of anyone. I conduct myself in a professional manner (been told too professional at times) and I chart every little thing, go to the nurse for every pt complaint. I chart every 2 hours when I do rounds that pt is turned, call light within reach, rails up, etc. I've had no complaints against me.

There are a shortage of aides and it makes it extremely difficult to provide excellent care but I do the best that I can. I explain to the pt or family members that their bath may be done after lunch and no complaints there. No experience with hostile pt or family members.

Ok, so how do I conduct myself during this inquisition?

[muffie, RN]

good luck bethin

[leslie :-D]

bethy, take a deep breath.

and you tell the truth.

you don't worry about anyone else.

just tell the truth.

your charting should reflect the story you are telling.

if you don't remember, you simply state that.

don't let anyone bully you.

remain calm and confident.

you sound like a real pro.

leslie

[SueBee RN-BSN]

Don't meet with anyone unless you know what the meeting is about. You better get your own lawyer on retainer, now. They will hang you out to dry if they can. I don't care what the case is about, your the nurse, you get the poop end of the stick. You have rights that hospital administration wants to keep you in the dark about. You had best get yourself some legal advice, and not from the lawyer you will be giving discovery to.

[sirI, MSN, APRN, NP]

If you have Liability Insurance, bethy, you should contact them today.

If you do not, depending on your meeting, you might need to seek legal counsel who will serve as your advocate.

As stated above, relax and just tell the truth as you recall. Do not embelish the facts and listen to all questions in their entirety before speaking.

Most of all, you should not discuss this with anyone, friends, family, (or employer other than what has been discussed with you thus far).

Good luck and IMO, seek out an attorney to have on retainer.

[leslie :-D]

suebee, bethin is a nsg asst.

i'm not sure, but i don't think you can just refuse.

if you do refuse, you'll eventually have to attend.

bethy, it's up to you.

if you want to call an atty, just to see if you are required to go...

but other than that, you don't have a license to speak of.

you've done your job, communicated w/the nurses, charted.

don't start getting all paranoid and defensive.

but most importantly, don't let anyone twist your words.

keep your cool and speak the truth.

you'll do fine.

leslie

[leslie :-D]

oops.

ok....get a lawyer. :chair:

leslie

[RRTM2]

i would bring an attorney with me. they may just be gathering facts, but you have rights too, and your attorney will make sure you keep them.

[wooh, BSN, RN]

You have a right to review the chart. If the hospital isn't letting you review the chart (which by not saying who it is) they're up to something. I would go into HR and tell them I need to know the name of the patient involved so I can review the chart and refresh my memory and give correct answers to the questions asked. If they won't allow that, then I'd tell them that you'll get them the name of your attorney asap, and they can reschedule this meeting with them. Good luck. If it turns out they are on the up and up, and just mistaken the first time they talked to you, and give you the name and the chart, then review the chart, see what you charted. When they ask a question, refer to the chart. Don't give excuses, just yes and no answers to their questions when possible, limit your words when it's not. Above all, keep calm and don't get defensive. If you feel yourself getting defensive, tell them you aren't answering any more questions without counsel present. And then stop.

[DutchgirlRN, ASN, RN]

You have a right to review the chart. If the hospital isn't letting you review the chart (which by not saying who it is) they're up to something. I would go into HR and tell them I need to know the name of the patient involved so I can review the chart and refresh my memory and give correct answers to the questions asked. If they won't allow that, then I'd tell them that you'll get them the name of your attorney asap, and they can reschedule this meeting with them. Good luck. If it turns out they are on the up and up, and just mistaken the first time they talked to you, and give you the name and the chart, then review the chart, see what you charted. When they ask a question, refer to the chart. Don't give excuses, just yes and no answers to their questions when possible, limit your words when it's not. Above all, keep calm and don't get defensive. If you feel yourself getting defensive, tell them you aren't answering any more questions without counsel present. And then stop.

Beth, I understand your panic but try to calm down. #1 if you had been involved where a patient had been injured, such as a fall, you would remember it. More likely than not this has to do with a doctor or nurse.

I totally agree with the above post. I have been called. I was told up front who the patient was, what the issue was, what would be asked of me, etc...When I arrived I was handed the chart to review before the lawyers entered the room. I did not answer any more than I absolutely had to. Most of my answers were "yes" or "no". I wasn't even in the suit. I just happened to be working the same day as the incident in question. Everyone working that day was questioned. I'd be calling them back asking for more of an explanation. If they don't elaborate...I would not go.

IMO I wouldn't spend money on an attorney until you know more. You may not even be directed involved.

[fultzymom]

I have never been in this situation myself, but I am sure that I would be a mess too. If it were me, I would contact a lawyer and tell them that if they want to speak to me, they have to speak to my lawyer too. And there is no way that they can not tell you who you are meeting with. Good luck to you. :icon_hug:

[Dalzac, LPN, LVN, RN]

I have been in this situation twice. Both times the hospital provided the lawyer and I met with them before the deposition and they gave me all the info about the case. one was when I was an EKG tech and ran one on a patient that went home and died. I truthfully did not remember the pt, much less the EKG. The second time was a law suit about a decubitus that was there before the patient came in and I had charted it. Both cases were dismissed. You will get all kinds of intimidating questions from the opposing side. Always look to the hospitals council. Don't say anything until they tell you what and who. Tel HR you need to talk to the hospital lawyer as well.