Deposition - page 2

by bancho

9,306 Views | 11 Comments

I have to give a deposition in a malpractice lawsuit where I am might be ask to testify against my coworkers. According to my agency lawyer, the hypothetical question might be as follows: Mr. Bancho, on this date nurse X did not... Read More


  1. 0
    Don't speculate for either side. Your best answers are yes, no, I don't know. They will try to get you to say more and twist what you say, so the less said, the better. If you are not the expert, do not offer your opinion. Just facts.



    Quote from fiestynurse
    You are not being deposed as an expert witness, so I am confused by the nursing standard of care question. It sounds like you are being deposed as a possible witness. I do not think it is necessary to obtain your own lawyer at this point. How are you involved in this case? Does your name appear in the chart somewhere?

    Just answer the questions honestly and follow the instructions of your employer's attorney. Chances are the case will settle and that will be the end of it.

    In regards to the documentation question. I would say, "Just because something was not documented, doesn't mean that it wasn't done." This nurse could have been keeping track of the patients output, but just forgot to document the totals. I tend to side with the nurse and give her the benefit of the doubt. How well staffed was the unit on the day of the incident. Was it the night shift or the day shift? There are so many factors to consider.

    And remember it usually takes a calamity of events to cause a bad outcome. There are usually many reasons and people involved. Unfortunately, the nurse is the last line of defense and always gets blamed. I would stay away from any finger pointing.
  2. 0
    Depositions serve as a road map for attorneys to formulate their questions prior to a trial. The agency's attorney represents the agency, he does not represent you. Prior to the deposition, I would meet with an attorney, of my own, and discuss with him your options.

    Greannynurse


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