deposiition

NephroBSN, BSN, RN · Apr 10, 2006

Ive been called for for a deposition, does the nursing malpractice insurance help and what shoud i expect , will it be like tv court or will the plaintiff lawyer try to get you so upset that they make you trip all over your words

Do you have malpractice insurance?

Multicollinearity, BSN, RN · Apr 10, 2006

I have had to do depositions before. Not as a nurse, but rather when I was an insurance broker. First, if you have malpractice insurance, have you notified them? Secondly, the hospital (or whoever you were employed by) should have had their attorney prep you.

A few ideas. Try to isolate your answers to yes or no. If you do not remember, just say so. Don't volunteer any info. Don't fall for the trap of speaking to fill silence. You don't have to look (in the eyes) at the attorneys if that bothers you. Remember even if they try to intimidate you, really what can they do to you? Also, don't believe any attorney who looks like s/he is sincere or trying to be helpful in the depo (unless your own). They are trying to trap you with honey. Don't offer opinions. Just stick to the facts as briefly as possible. If you need to take a break, just say so. However you cannot take a break if a question has just been asked.

Also, it is possible that the plaintiff or family member may be at the depo. It is unusual, but done sometimes in an effort to unnerve you. Prepare yourself for that, so you won't be surprised and flustered. It probably won't happen though.

Thing is, depos are actually more low-key than most people expect. It's just you, the lawyers, sometimes the other party and a transcriptionist. They may ask if you wish to waive your right to review and sign the transcription for accuracy. I wasn't comfortable with that - I wanted to review the transcript and sign for accuracy. Good luck, you'll do fine.

Dalzac, LPN, LVN, RN · Apr 10, 2006

I have been to 2 depositions. One was more of a joke than any thing. Before I was a nurse, I had run an ekg on a man in ER. The deposition came about 5 yrs after. They showed me the EKG and ask if I ran it I told them I did if my initials were on it. They were. They then ask me about the man in question and if I remember him. I didn't. they ask me about 10 more times and berated me for not remembering him I just told them the truth That I ran around 35 ekgs a night including pre-surgeries and all EKG,s and I didn't remember any of them either. And it was several yrs after the fact. the attorney with me finally jumped in and ask them how many more times they needed the same answer I had already given them 10 times

The second time They ask about a pt. that had come into ICU and if she had a breakdown on her butt when she came in Thank God I did remember her and charted the breakdown on her admission. The attorney took me out for a very nice dinner on the hospital becaused I saved them a huge lawsuit. always to remember to chart everything and a lawyer with the hospital will be there with you going over everything before the deposition starts

mom2michael, MSN, RN, NP · Apr 10, 2006

I've done 100's of depositions in my previous job and the one thing I learned, answer honestly each and every single time they ask you the question and they will ask you the same question about 10 different ways. If you don't know the answer, DO NOT make it up. You don't know and tell them you don't know.

indigo girl · Apr 10, 2006

If you are the one at risk here, hire your own attorney. You should not depend on the facilities' attorney entirely. He is there to defend the them in particular, and you only incidentally.

mom23RN · Apr 10, 2006

My experinece was similar to Dalzacs. It was about 5 years after the incident. I was an ER nurse and had discharged the patient. So of course my initials were on it. I had to delay the deposition for almost another year because I was VERY pregnant and then nursing so I was going for my convenience not theirs.

When I got in there they asked the dumbest questions. You can tell they get paid by the hour. :devil: I told them that obviously I had discharged the guy and read him his instructions, but I didn't remember him and that was it. Their stupid lawyer kept grilling me about all these questions about the case. Finally, after answering several questions yes/no I said "did you not understand it when I said I dont' remember this guy???". That was about the end of the deposition.

In my case the hospital attorney was there as my backup. I had talked to her several times. Oh, and the case was against the hospital and the guy's family doctor.

teeituptom, BSN, RN · Apr 10, 2006

Dont you just hate all attorneys.

Im sure deep down they are good, 6 feet down

Maybe they need open season on attorneys, without a daily quota

leslie :-D · Apr 10, 2006

there was a hospice facility i worked at yrs ago. a nurse had asked me to come in and help with a pt. she was plugging in the o2 concentrator when the outlet exploded, sending electrical currents up this nurse's arm and down her other arm. she sustained mass injuries. i was the only witness and when i went to the deposition, there were around 10 lawyers in the room. i didn't find it bad at all, probably because i knew what i saw. the nurse's lawyer did most of the questioning, and he was very gentle with me; i was their star witness.

after the deposition is over, you will get a copy of the entire deposition. if you say "ummmm", you'll see that on the copy! :uhoh3: evidentally i said alot of "ummmms".

just tell the truth, don't let anyone tell you otherwise. you'll do fine.

leslie

toney · Apr 10, 2006

thanks for the respones i ve recieved about depositions, i want not present at the time of the incident but as part of the administrator team i guess they felt a need for me to be present