Call from Risk Management to speak with Attorney

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Today I received a call from my Hospital’s Risk Management department. They said I’m not directly at fault but I was one of the nurses who took care of a patient who apparently developed a stage 4 pressure ulcer while on my floor. They asked if I remembered him and I said no, they asked if I could come in and talk to the patient’s attorney and even if I don’t remember anything they like it in writing. I find it strange I’m talking first to the patient’s attorney rather than the hospital’s. I told them I would get back to them. Do you guys have any advice for how I should proceed?

Specializes in ICU/community health/school nursing.
12 hours ago, hppygr8ful said:

As a very good doctor once told me there are only three answers to any deposition question "Yes", "No" and "I don't recall!"

THIS. Don't try to explain anything. If you can't remember, say so.

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On 12/11/2019 at 2:23 PM, Daisy4RN said:

You are most definitely not being paranoid RubyJane!

Snickers, do not speak to any lawyer, or for that matter your HR/RM dept, without first speaking to your lawyer. The hospital lawyer is not there for you, they are there for the hospital, CYA.

I absolutely agree with this. Consult with your own lawyer. If you don't have a lawyer, you can likely get a free consultation with 2 or 3.

Write down that you do not remember the patient and keep that for your own record. Dated, name of pt, when it was to have occurred, anything that you think is relevant. Pretty simple if you don't remember the pt.

If you write anything down for the hospital, say simply and succinctly that you do not remember the patient.

Are there any chart entries that you signed on this pt?

Keep a record of everything you say to anyone. And the less said the better. Do not discuss this with anyone except someone who should be in your corner - that is, the lawyer(s) you consult. I don't think I'd even say the pt's name to your lawyer. He or she might be representing the other parties and not mention that to you before you talk to him/her.

Keep quiet, keep your ears open, don't trust anyone. Sad but that's life today.

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This same exact thing happened to me a few months ago. I got an email from risk management and the hospital lawyer wanted to speak to me about a patient I took care of (during one 12-hour shift), 3 years ago on my old unit. Pt developed a pressure ulcer that lead to sepsis. Hospital’s lawyer met up with me at work and we spoke for about one hour during my break. Told him I had absolutely no recollection of this patient. 95% of the one hour talk included me helping the lawyer read and understand the nursing documentation bc the printouts he had from EPIC were confusing and hard to understand if u weren’t a nurse. Totally laid back and he made it clear that I wasn’t the one getting sued, on my side, and that the hospital will most likely settle anyway. I had no union rep & no one else present in the room. I also do not have . I spoke to other coworkers who have been in the same situation who advised me that a union rep or your own lawyer is NOT necessary.

EDIT: You also posted that you were concerned that you were chosen and not your coworkers. The lawyer told me that he chose me bc I was the first person to document that the patient had a break in the skin (I think I put excoriation) and didn’t document it as a pressure ulcer. That or they contacted you because you have documentation that helps their case.

You said you don’t remember the patient so simply, ”I don’t recall.”

Don’t stress over it. Take it from someone who’s been in the same exact position. You’ll be fine.

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On 12/15/2019 at 12:26 AM, nikki said:

This same exact thing happened to me a few months ago. I got an email from risk management and the hospital lawyer wanted to speak to me about a patient I took care of (during one 12-hour shift), 3 years ago on my old unit. Pt developed a pressure ulcer that lead to sepsis. Hospital’s lawyer met up with me at work and we spoke for about one hour during my break. Told him I had absolutely no recollection of this patient. 95% of the one hour talk included me helping the lawyer read and understand the nursing documentation bc the printouts he had from EPIC were confusing and hard to understand if u weren’t a nurse. Totally laid back and he made it clear that I wasn’t the one getting sued, on my side, and that the hospital will most likely settle anyway. I had no union rep & no one else present in the room. I also do not have malpractice insurance. I spoke to other coworkers who have been in the same situation who advised me that a union rep or your own lawyer is NOT necessary.

EDIT: You also posted that you were concerned that you were chosen and not your coworkers. The lawyer told me that he chose me bc I was the first person to document that the patient had a break in the skin (I think I put excoriation) and didn’t document it as a pressure ulcer. That or they contacted you because you have documentation that helps their case.

You said you don’t remember the patient so simply, ”I don’t recall.”

Don’t stress over it. Take it from someone who’s been in the same exact position. You’ll be fine.

not the same

Her employer wants her to talk to THE PATIENT'S ATTORNEY, not the hospital's attorney.

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Specializes in OR, Nursing Professional Development.
7 minutes ago, Kooky Korky said:

not the same

Her employer wants her to talk to THE PATIENT'S ATTORNEY, not the hospital's attorney.

OP clarified on the first page of replies that it is indeed the HOSPITAL attorney she is to speak with.

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20 minutes ago, Kooky Korky said:

not the same

Her employer wants her to talk to THE PATIENT'S ATTORNEY, not the hospital's attorney.

Actually I posted earlier that I got clarification and they wanted me just to speak to the hospitals lawyer.

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Go ahead, meet with the attorney AT THE HOSPITAL.

Every question: I don't know, I cannot recall, you'll have to read the chart, Gee, I could love to help, but have no idea...you'll have to read the chart, etc.

Do not, repeat, do not elaborate, guess, DO NOT clarify anything in your charting, etc. You are going to have to be very blunt, "The only thing I feel comfortable providing in writing is my charting....that's why we chart".

No professional standard nor the BON expects you to recall a patient after the relationship is over.

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On 12/15/2019 at 12:26 AM, nikki said:

This same exact thing happened to me a few months ago. I got an email from risk management and the hospital lawyer wanted to speak to me about a patient I took care of (during one 12-hour shift), 3 years ago on my old unit. Pt developed a pressure ulcer that lead to sepsis. Hospital’s lawyer met up with me at work and we spoke for about one hour during my break. Told him I had absolutely no recollection of this patient. 95% of the one hour talk included me helping the lawyer read and understand the nursing documentation bc the printouts he had from EPIC were confusing and hard to understand if u weren’t a nurse. Totally laid back and he made it clear that I wasn’t the one getting sued, on my side, and that the hospital will most likely settle anyway. I had no union rep & no one else present in the room. I also do not have malpractice insurance. I spoke to other coworkers who have been in the same situation who advised me that a union rep or your own lawyer is NOT necessary.

EDIT: You also posted that you were concerned that you were chosen and not your coworkers. The lawyer told me that he chose me bc I was the first person to document that the patient had a break in the skin (I think I put excoriation) and didn’t document it as a pressure ulcer. That or they contacted you because you have documentation that helps their case.

You said you don’t remember the patient so simply, ”I don’t recall.”

Don’t stress over it. Take it from someone who’s been in the same exact position. You’ll be fine.

Thank you so much! It’s such a relief to hear everything went alright. I did end up meeting with the lawyer and it went pretty much exactly how yours did- just helping him understand charting really. With this guy, he had developed a tear on his sacrum, then we transferred him to rehab and they started documenting it as a stage 2 (so basically same thing, just different wording) and at some point it progressed to a stage 4. I was the nurse who transferred him and thankfully my charting was thorough and his wound looked like it was healing pretty well from what I can tell. I wasn’t the nurse who found it and they were calling in my co-workers as I was sitting talking to the lawyer. I only took care of the guy twice.

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@snickers17 glad to hear everything went alright !!!

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