Hello Nurse Beth,
I once worked in a nursing home 3 years ago, where a dementia patient suffered a severe fall injury (fractured neck) in the bathroom, in spite of all fall precautions in place. The injury was found non operable, given his cognition etc. 7 days later patient died. Now patient's family sued the facility but their lawyer served me a notice of deposition as a witness to the occurrence. I no longer work for the facility. I had relocated out to another state. They told me I was going to be a witness since I was nurse on duty and wrote the incident report. What do you think is best I do? Attend the deposition scheduled where I currently live? Request a copy of the incident report because I cannot remember the patient very well. If I witness for the patient, do you think the facility will come after me?
I am so sorry for the terrible accident and also for you being pulled in.
The deposition is voluntary if you have not been subpoenaed. Typically if you still worked for the facility, the facility's attorney would prep you and accompany you, but I do not know how it works with a previous employee. I'm surprised the facility hasn't contacted you.
I have been involved in depositions and it's easy to say the wrong thing or say too much if you haven't been prepped by an attorney.
Thankfully, the facility is being sued and not you. I don't know if the facility can sue you, and can’t think of why they would but please consult with an attorney, it’s not my area of expertise.
I hope you’ll keep us informed.
Very best wishes,