Attorney contacted me about lawsuit

meanmaryjean, DNP, RN · Aug 20, 2015

Quoted for truth. There are ways to deal with recalcitrant witnesses, and you probably are not going to like them.

It's called Contempt of Court and you can go to jail for it. Think about that for a minute.

And despite what you may WANT to believe, the care rendered the patient in question follows you - whether you still are employed or not. Your obligation does not end when the job ends. I think you lack a basic understanding of the entire issue.

AcuteHD · Aug 20, 2015

The attorney asked that I meet with him at my convenience

Schedule a meeting for 2 A.M. on your next night off and ask if lunch is provided.

Sorry I don't have any real advice.

allnurses Guide · Aug 20, 2015

There's only three ways a prudent person answers questions in a deposition" "Yes, No" and "I don't recall"

hppy

allnurses Guide · Aug 20, 2015

There's only three ways a prudent person answers questions in a deposition" "Yes, No" and "I don't recall"
hppy

Example: Did you take care of patient X? Yes (no elaboration)

No (no elaboration) or I don't recall. Never explain or elaborate on your answers. Never give a personal opinion on the facts in question etc...

Jensmom7, BSN, RN · Aug 20, 2015

Example: Did you take care of patient X? Yes (no elaboration)
No (no elaboration) or I don't recall. Never explain or elaborate on your answers. Never give a personal opinion on the facts in question etc...

And that's why you meet with the hospital lawyers BEFORE the deposition-you need to be prepped (not the same as being coached), so you know what to expect from the other side's team.

The hospital lawyers will be there at the deposition. One piece of very useful advise they gave me was to pause for a few seconds before answering a question, because they have the opportunity to object or to ask you if the question is clear to you.

My depo wasn't too stomach cramp inducing, probably because like I said, I wasn't named in the lawsuit.

If you honestly don't recall something, and the chart is of no help, say so. Better to say "I don't recall" than get caught in a lie.

WKShadowNP, DNP, APRN · Aug 20, 2015

I had to speak to a lawyer about a case that happened 3 years ago. I'm so glad that I documented. It was the hospital's lawyer and just a fact-gathering session. I don't think I was deposed. But it was enlightening. I was happy to cooperate even though I was nervous going in. They didn't tell me what it was about before I got there .

NicuGal, MSN, RN · Aug 20, 2015

In my area parents have 18 years to file. I was just in one last year and the kid was 21 years old (took 3 years for it to get to court). Chew on that for a bit.

Everyone has given great advice. It sucks but you have to go. Just be honest, don't be hostile or snarky, it is what it is. I have been deposed several times. I've been in court 3 times. One trial I was there for 2 weeks. And there were a few nurses who had retired and were brought in from out of state. That stunk.

scottaprn · Aug 20, 2015

The attorney asked that I meet with him at my convenience and I said I have no interest in meeting wirh him or being "prepped" in any way. I've advised him the people they need to be talking to have MD, NP, or PA after their names, not RN.

You can make your own decision about wether or not to speak to the attorney now or risk getting called and being forced to do it later- Which one do you think would be the more pleasant experience?

And just a quick word. Having RN after your name is a big deal. It shows you are a professional licensed healthcare worker with your own scope of practice. It means you are held to a standard. You are not subservient to MD, NP or PA.

We can't demand that we be given the respect we deserve in the nursing profession and then act like our professional designation doesn't matter.

BuckyBadgerRN, ASN, RN · Aug 20, 2015

Yeah, you've figured wrong. Quit being difficult and talk to them before they get REALLY horked off that you keep blowing them off. You won't win this pizzing match.

This is the hospital's counsel. The plaintiff has evidently named every person that documented something as a witness, so meeting with this attorney will do nothing to alleviate getting a subpoena.
The risk management department made 2 earlier attempts to contact me and I didn't return their calls. I figure I no longer work for them, they've done me no favors since I resigned and I don't owe them anything.

resilientnurse · Aug 21, 2015

I know how valuable your time is. I also hear your anger and disgust by the whole matter. I cannot say that I would react any differently. But this situation is like a toothache. It is not going away. I would go in to meet with the hospital's counsel and listen information r/t the case. They are not your counsel, but it's your best resource for now unless you decide to seek counsel on your own. You may not remember the details of the case. I know I would not necessarily remember one specific patient from 2 years ago unless it was something remarkable that happened. You need to know what this case is about just in case you do get subpoenaed. I also would not volunteer any information about the hours you work now or worked at the time.Also, do not feel intimidated. Take along a trusted nurse friend (a super nurse someone soundly versed in theory with good crtical thinking skills) and/or a friend with some legal experience in case you forget what was discussed. Take notes and do not be afraid to refuse to answer questions if you do not want to. But find out what you are facing so that you can plan your next steps. Hope this helps! Good luck to you!

Oceanpacific · Aug 21, 2015

I am reading it as the OP is feeling like he may become a defendant.

BuckyBadgerRN, ASN, RN · Aug 21, 2015

Even MORE unlikely then that they are going to go away and forget about her.

I am reading it as the OP is feeling like he may become a defendant.