deposition

Tweety, BSN, RN · Oct 31, 2003

Deleted by myself because I was posting in the wrong thread. Silly me.

P_RN, ADN, RN · Oct 31, 2003

I hope she has malpractice insurance. She should contact her carrier. I think some legal advice would be appropriate. I've only given one depo. and that was in a workers comp hearing (mine) and it was rough! Every single word, body language etc is taken down by the reporter.

Erin RN · Oct 31, 2003

She is probably going to be deposed since the family is sueing the hospital. Ireview med mal for an ins co that covers many hospitals here and in several other states. I have actually not ever seen anyone go after a specific RN (although they do sometimes) usually the plantiff will go after the "deep pockets" which is the hospital. I have also seen them go after the MD. Your friend should go and talk to the risk manager for the hospital and possibly the hospitals atty of course if she is deposed she will most likely meet the atty prior to depostition for some coaching..I would hope anyways. Unless your friend was overly negligent or she did not follow policies and protocols then she may be spared. According to the law, the nurse has to provide care based on standards that a reasonable and prudent nurse would follow. That means that if her actions were appropriate even if she did not go the extra mile and she practiced to the standard she should have nothing to worry about...however, lawsuits are won and lost based on many factors other than the actual facts unfortunately. Sorry to be so long and i hope she fairs well...Depositions are HELL.( Iwas going to testify as an expert for the defense so I watched tapes to prepare...eeek)..just tell her to answer simply each question, do not use emotion, if she does not know state "not to my knowledge"...and when they try to discredit her ,which they may, keep her cool. tell her to remember she will never have the "right" answer for the plantiff atty..he or she is not going to all of a sudden say, "oh I see what you mean okay we'll drop the whole thing"...just tell the facts and KISS. Erin

sjoe · Oct 31, 2003

1) If your friend was, will be, or might be named in this lawsuit she needs to speak with her OWN attorney and be prepared by him/her before the deposition. She cannot depend on the hospital to have her interests at heart, no matter what they or their attorneys say. They'll throw her to the wolves if it means decreasing their liability. Count on it.

2) If she has malpractice insurance, she needs to contact her company ASAP and inform them what is going on

3) Regardless, she needs to keep copies of every piece of paper concerning this matter that she can get her hands on, make notes about every conversation or telephone call that has occurred about the incident and the subsequent legal proceedings, and write and say NOTHING about this matter to co-workers or friends or anyone else except HER attorney.

prmenrs, RN · Oct 31, 2003

I got deposed once. Not an experience I'd like to repeat. Took ~ 3 hours, not counting the times I needed to change my underwear!

THAT SAID....

Sit down right NOW and write down every little thing that happened on the shift. EVERY THING whether or not she thinks it's pertinent. It could take months before the depo occurs, it's inevitable she'll forget. If she talked to you or anyone else about the pt. when it happened, write down what you remember she said. Hopefully, she noted every time she called the sturgeon, and what was said. If possible, review the chart. Get copies of the assignment sheet, i.e., who else was on that shift, and what pts they had.

One good thing about a deposition vs court is that you can ask for a conference w/ the lawyer if you're not sure about something. Practice waiting for 5 secs before answering the question, in case Perry Mason wants to object. If you think s/he should object, ask for a conference.

The object of a deposition is to find out if there is enough to take it to court. What you say can make big difference. I agree w/sjoe that you probably need your own atty.

After my depo, the plaintiff's atty decided not to proceed w/the case. During one of the breaks, the hospital's atty was very relaxed and happy. I hated him. He told me I "was doing a great job", I said I was glad HE thought so, I was a nervous wreck. Fortunately, it didn't show. The risk manager was there, she took me to lunch later.

It is possible the hospital may decide to settle before going to trial. (Sounds from what you're saying like a good idea.)

It would seem like she did everything in her power to get the doc in to see the pt; you don't say what the cause of death was, but I doubt it was w/in her 'scope of practice' to fix it! Best of Luck to her--I'm glad she has you to support her.

sjoe · Oct 31, 2003

prmenrs writes: "Hopefully, she noted every time she called the sturgeon"

I don't believe this was a story about fish.

Enjoyed your first-person account. Clearly deposition time is NOT the time to rely on the generosity of strangers (or of employers).

Glad it turned out well (besides the underwear, i.e.) for you.

prmenrs, RN · Oct 31, 2003

Moi??? Casting aspersions upon such a highly qualified and esteemed member of the medical profession. NEVER, I tell you, NEVER!!!!

(My mother told me not to be facetious once when I was ~ 5; I didn't listen.)

SCNuttyMeg · Nov 1, 2003

Usually Family Memebers who sue dont go after the nurse, they go after the hosptial. Who can they get more out of?? A hosptial. We had a case where Im from when a Nurse gave blood to a patient with Dr. Orders to a Jeovah Witness who didnt want blood. He is sueing the hosptial not the doctor or the nurse who gave or intiated the orders. Hope everything works out well for your friend.

StatBlues · Nov 2, 2003

Thanks for your replys :)