Deposition and what do I expect?

Nurses General Nursing

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Don't want to toot my own horn, but my patients and their family members typically adore me. I've been and ICU nurse since graduating from nursing school 6 years ago and...knock on wood...never heard a negative remark/complaint against me. In fact, patients, family members, and even management sing my praises. Fast forward to Thursday. I get a call from administration requesting my presence at a meeting a week from tomorrow to "review a patients chart." She told me the pt's name (with a face I do not recall) and said that "N," my charge nurse (excellent nurse, 30+ years experience, basically runs the unit, etc.) was scheduled also to meet and review the pt's chart right before my meeting. So of course I get a little panicky and the lady said she really didn't know anything else, but "it will only take about 30 minutes."

I hang up, call "N" at work to ask what is going on and she said she has no idea and does not remember the pt. either. I asked her to please talk to "B," our supervisor when she got a chance and I would call back later to ask what the heck is going on. I call "N" back at 6pm and she said she talked to "B" and "B" said not to worry that it is probably nothing personal, but probably a complaint against the hospital. I AM TERRIFIED. "N" said in all her years she has never had to do this either, but she also said she is not going to worry about it since "B," our supervisor did not seem all that concerned.

Does anyone have any advice for me? How should I prepare for this? I've always been thorough with my documentation, but what if this was one day where I was slammed with three critical patients and missed something?? I may develop an ulcer over this next week...:crying2:

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If you can, go to med rec and ask to review the pt's chart. Above all, RELAX!!! Just because you were called to a deposition, it doesn't mean that the negative part involves you. Just answer the questions to the best of your ability, don't embellish, and think before you answer each one.

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I forgot to add that "N" said a risk manager is not involved. Should I ask to speak to one?

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I forgot to add that "N" said a risk manager is not involved. Should I ask to speak to one?

Whatever they told you you don't need, you NEED. And right now.

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Even if I'm only to be used as an expert witness?

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Someone may possibly be suing the doc which makes the whole chart up for scrutiny. Just stand by your documentation and don't waiver. You have the right to read and review what you have written to refresh your memory of the patient and situation.:bowingpur. If it gets too rough and incriminating..........you can always plead the 5th.

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Call your carrier immediately and report this. You have to assume the worst, particularly since your supervisors are not forthcoming with information, and any legal matters must be reported to your carrier as soon as you become aware of them. Right now you don't know how far this will go. Your insurance carrier will probably advise you on what steps you should take concerning obtaining legal representation. This meeting wasn't called a deposition, but it wasn't described as unnecessary also, so protect yourself.

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Thanks for all the advice. I know it's better to be safe than sorry, but should I really hire a lawyer before I know how involved I am? That could be pretty expensive if I don't really need one, no?

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Specializes in Med-Surg, Psych.

Suggest you call the Association of RN Attorneys (877-538-2262) to get the names of local RN attorneys. Then call one and discuss the situation. You will probably get some very useful free advice by phone. Agree with the advice of others, and that this may not be about any problem with your work.

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Specializes in ER, PACU, Med-Surg, Hospice, LTC.

In the deposition, it is best to answer "yes", "no" or "I don't remember" or "I don't recall" ---for closed ended questions.

If you don't remember, that's OK. Don't make up something just to say something.

Never add anything, never explain yourself----UNLESS ASKED!

It is human nature to want to explain yourself or the situation. And remember that the opposing attorney is not your friend. As kind and as understanding as they sound, don't buy it.

And I LOVE this part of the article (that I've posted below):

When there is a silence -- and this is very important -- do not try to fill the silence. Answer the question. Then be quiet. Do not be embarrassed by the silence. Do not try to expand on your answer. Sit there for 40 minutes of silence if that is what it takes. Wait for the next question.

Good luck! I know it's stressful, but you will get through this.

PS Don't bring in any notes or paperwork to the deposition. I've been told that if you bring it in, they may ask to look at it or make a copy of it.

Also, if you need a break, it is perfectly OK to ask for one.

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Specializes in Community Health, Med-Surg, Home Health.
Suggest you call the Association of RN Attorneys (877-538-2262) to get the names of local RN attorneys. Then call one and discuss the situation. You will probably get some very useful free advice by phone. Agree with the advice of others, and that this may not be about any problem with your work.

Is this number also used for LPNs? Just curious in case the need arises. Thanks!

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Specializes in Med-Surg, Psych.
Is this number also used for LPNs? Just curious in case the need arises. Thanks!

Probably. I have mostly worked with only other RNs, so I tend to use RN (incorrectly) to abbreviate for the term nurses. No disrespect to LPNs intended.

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