Deposition and what do I expect?

[nursalicious]

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...

[nursalicious]

The lady from administration who called me called it a "meeting to review a patient's chart." She never said "deposition," but this is what I assumed. Should I consider the meeting a deposition?

[caliotter3]

We can't give legal advice here per the TOS. Please consult with an attorney or with your malpractice insurance carrier. We have less information than has been provided to you, so none of us can advise you about this meeting. Personally, I would go into this "meeting" with my attorney in tow. Why? Experience, and the other side's refusal to give me anything to convince me that this is really "nothing to worry about". Been there, done that when it comes to depositions. Again, consult an attorney or come back and tell us (for the benefit of others) what your insurance carrier advised you to do.

[woody62, RN]

I have been named in two lawsuits, in my nursing career. One back in the 1970's and one in 1989. The first one, I was named along with everyone else who had had any contact with the patient. I was later dropped from the suit. The second one, I was named along with my employer. It took me a year to have the law suit dismissed by a judge. I have also spent time testifying in court, in New York and Florida, as an expert witness. And I have always carried my own insurance. In both cases, I am glad I did. My insurance company provided me with an attorney, to protect me. My employer was not interested in protecting me, they were interested in protecting themselves. For this reason, their attorneys are not representing you, they are representing your employer. And they put your employer's interest first. If there is the very slightest chance you may have done something wrong, they will throw you to the wolves.

As for giving a deposition, this is what my attorneys advised me and what I testified to in court. I answered questions with a yes or no. I did not volunteer any information. If an attorney wants a longer answer, it is up to him to ask the specific questions to obtain such an answer. If I did not know the answer or was uncertain, I stated as so. I never kept any notes about any of my cases. Such notes can be subneo by the opposing party. I had to rely on the my nurses notes or on my case reports to the insurance company that paid for my services. Since I wrote very specific notes and reports, all the information I need was there.

Anyone can file a lawsuit against anyone. My second suit was filed because the attorney had settled with the client's WC company for $35,000 when her settlement should have been for a great deal more. He sued me, saying I was negligent because I did not pay for a class the client had taken at a local university. It was not my responsibility to pay and I have covered myself by sending a certified letter to all parties when I closed her file. Being named is a scary thing. But you will live thru it.

Woody:twocents:

[VivaLasViejas, ASN, RN]

We can't give legal advice here per the TOS. Please consult with an attorney or with your malpractice insurance carrier. We have less information than has been provided to you, so none of us can advise you about this meeting. Personally, I would go into this "meeting" with my attorney in tow. Why? Experience, and the other side's refusal to give me anything to convince me that this is really "nothing to worry about". Been there, done that when it comes to depositions. Again, consult an attorney or come back and tell us (for the benefit of others) what your insurance carrier advised you to do.

This is excellent advice, and indeed, caliotter is correct in that we cannot assist with legal questions of any kind. Competent legal advice from a qualified attorney is what you need, and well worth the expense.

Closing thread now.