Deposition Help Please

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Hi everyone. I've read through a few threads regarding depositions but I haven't been able to find some similar to my situation. I have been subpoenaed for a personal appearance by the attorney for the defendant. I had my manager and hospital legal department review it and they said it's not affiliated with the hospital. So I'm on my own there, but they did say I was able to review the chart. The plaintiff is a patient I had almost 3 years ago, and after reviewing my charting, nothing seemed out of the ordinary. It was a pretty straightforward admission and no crazy or out of the ordinary interventions had to be done the night I had him. The defendant isn't anyone affiliated with our hospital and after googling his name, it might possibly be an MD in another city (same state). I don't know if the plaintiff moved and sought his services after his discharge and something might have happened then or what. I'm just wondering if anyone can please give me any kind of insight on what to expect.

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Specializes in OR, Nursing Professional Development.

Do you carry your own ? If so, this is what they're for- give them a call. If not, then contact TAANA fora lawyer versed in nursing. Other than that, we aren't permitted to give legal advice per TOS.

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Thank you for your reply. I don't have malpractice ins (I know-I really should and have been meaning to get some) and my union rep said I wouldn't need it for something like this. I understand no one can give legal advice, I was wondering more if anyone has been in a situation like this before and how it went? Plenty of the other threads on depositions gave lots of info on what to expect, what they might ask, etc., just looking for replies similar to that regarding this type of issue.

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Specializes in Healthcare risk management and liability.

I would just call up the attorney who issued the subpoena and say that you are unfamiliar with the plaintiff and the defendant, and you are curious as to why you are being subpoenaed. I do this sort of thing on occasion for my staff when they are subpoenaed and we cannot figure out why.

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That's a great idea, I wanted to do that but wasn't sure if they would give me any info, thanks so much!

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I wouldn't go into any situation like this, in which the other side is being represented by an attorney (or team of attorneys) without having my own legal representation. I don't care how many people might tell me you don't need an attorney for "something like this." Giving a deposition is v. similar to testifying in court. I wouldn't be comfortable not having an attorney representing me through the process. Just my opinion.

And, as already noted, this is the kind of situation your own professional liability (malpractice) insurance would cover, and a good example of why it's smart to have it.

Best wishes!

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Specializes in Adult and Pediatric Vascular Access, Paramedic.

I work on an ambulance and have had a few depositions.

You basically sit in a room with a table and chairs and both lawyers have the opportunity to ask you questions and everything is recorded just like in a court room. The timed I have gone it has been low stress. Just answer the questions honestly and remeber not to get to stressed out since you are not the defendant!

We have a lawyer that works for our company as an EMT on the side and he advises AGAINST because in the end it onky benefits the person suing you since you are now worth money! Others will disagree, which is fine, but having gotten sued previously by a patient who did not name me in the suit because I have nothing worth taking I agree with my co worker!

Good luck!

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We have a lawyer that works for our company as an EMT on the side and he advises AGAINST malpractice insurance because in the end it onky benefits the person suing you since you are now worth money! Others will disagree, which is fine, but having gotten sued previously by a patient who did not name me in the suit because I have nothing worth taking I agree with my co worker!

Just out of curiosity, how did you get "sued previously by a patient who did not name me in the suit"? Seems to me, if you weren't named in the suit, you weren't sued. Am I missing something obvious here?

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We have a lawyer that works for our company as an EMT on the side and he advises AGAINST malpractice insurance because in the end it onky benefits the person suing you since you are now worth money!

Assuming you trust your employer, and their legal representative, to have your best interests in mind.

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Specializes in Healthcare risk management and liability.
Assuming you trust your employer, and their legal representative, to have your best interests in mind.

And assuming that you trust your own individual insurance company, to whom you pay approximately $ 100/year, to have your best interests in mind. As opposed to say, denying coverage for any claims arising from your employment due to the 'any other insurance' clause in your individual policy.

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And assuming that you trust your own individual insurance company, to whom you pay approximately $ 100/year, to have your best interests in mind. As opposed to say, denying coverage for any claims arising from your employment due to the 'any other insurance' clause in your individual policy.

In the situation described by the OP, there is no "any other insurance" because her/his employer has already told her/him s/he is on her/his own. If you're called before the board to defend your license, there is no "any other insurance." In my experience as a hospital surveyor for my state and CMS, I saw lots of hospitals respond to events likely to end up as lawsuits by firing the individual nurse they had identified as someone they could scapegoat (or at least try to scapegoat in court) as the cause of the incident -- those nurses suddenly had no "any other insurance" (if, indeed, the hospital would ever have actually covered them, and not hung them out to dry; but, once they're fired, it's not even a question). There are lots of situations nurses might face in which the "any other insurance" question is just not an issue; probably many more of those situations than ones in which the hospital's insurance might actually matter. I am a whole lot more comfortable taking my chances with the individual insurance company than I am with trusting my employer to protect me.

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Specializes in Healthcare risk management and liability.

^^^ I am afraid you are simply wrong on your contentions as to the lack of hospital insurance coverage for an employee involved in the typical malpractice claim. It is pretty well established across most legal jurisdictions across the US that the employer is vicariously liable for the acts of the employee under respondeat superior. Whether the employee is fired or not, the employer is still legally responsible for those actions done by the employee within the scope of employment. The typical hospital insurance policy does cover the employer and employee for these malpractice claims. The rare exceptions would include such things as criminal acts of the employee, but that would just usually shift the insurance coverage from healthcare professional liability to employment practices liability for negligent hiring, supervision or retention of the employee. Again, the employer is still financially liable even if there is no insurance coverage. The employer would be the deep pocket.

I have to say that as a claims manager who actually does hospital malpractice claims, I cannot agree with your statement with the number of claims that you cite in which the nurses own insurance would cover situations that the hospital insurance would not, assuming that we are discussing malpractice claims arising out of the nurses work as an employee of the hospital. If you are talking about a nurses possible exposure for something not part of their employment at the hospital, having their own individual insurance policy might be right on point.

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