Deposition advice

MarySunshine · Sep 9, 2005

BabyNurse, my best advice is to not be talkative. As in, answer the questions as concisely as possible, do not elaborate or opine about the situation. Just "yes," "no," be short and to the point. If you don't remember the details, say "i don't remember." They might try to make you feel dumb or bad about not remembering, but don't let that get to you. Better to tell the truth than give contradictory/false information. If you need a moment to think of the answer, ask for it. Good luck to you!

Editorial Team / Admin · Sep 9, 2005

I have to give a depostion next week and I am so nervous. I am not named in the lawsuit but ! was the nurse taking care of the patient the night the incident happended. The patient didn't die that night but almost a week later at another hospital and I didn't actually know what happened until I was reading the chart to prepare for the deposition but it is clearly the MD's fault and not something I could have known about or prevented. I am nervous though becuase I had only been a nurse for about 4 months at the time, I was just off orientation and working a double. The happened 3.5 years ago and although I won't forget it becuase it was my first code, I don't remember a lot of the details. Anyway I guess I am rambling now. I am just looking for some words of wisdom or encouragment! Thanks.
~Lisa

Hello, Lisa,

Depositions are scary. Take a deep breath and relax.

Write down, just for yourself, the events as you remember them. I realize you will not remember graphic details, but, as you said, you remember if things were done correctly and basically what happened in that code for it was your first.

Good advice has been given you in regards to keeping your answers short, concise, without tangents, 'yes or no'.........to not add to or take away from the event in question regardless of your opinion. And, keep your opinion about the physician to yourself unless you are directly asked. You will not, I am sure. And, do not discuss this with ANYONE.

You will do just fine. Good luck.

Siri, CRNP, CLNC, RLNC

Demonsthenes · Sep 9, 2005

Usually such malpractice cases are barred by the "Statute of Limitations" within about a year of the occurence of the same, the date in which the malpractice was discovered, or a year after the malpractice should have been discovered. In any case, I would ask the defense in this case to pay for an attorney to represent as the plaintiff's attorney may make every effort to discredit your professionally and personally by inappropriate questions, innuendo, and so on.I would send the defense attorneys a letter in writing, by certified mail, requesting that they obtain an attorney to represent you. I would go to a law school book store and obtain a list of appropriate "objections" to deposition questions which you could refer to if necessary. If the defense attorney tells you, however, that you should not object and should answer, then I would do the same.

I would go to your local law library and look up medical legal situations similar to yours so that you can think about and prepare yourself for the possible questions relevant to the legal framework involved.

Best of Luck!

I am an RN and a Certified Legal Assistant. I am not an attorney. I suggest that you obtain the advice of an attorney with regard to this matter. :uhoh3: