Freeked Out In A Law Suit

[CMORELOCK45]

I am have recently been named in a law suit by an OD we recieved in the ER one night. The pt was brought in by EMS. Lab work revieled methadone, valium, phenergan, thc and etoh on board. I followed normal protocol;ewall, folley, monitory o2 ect.

The suit states that I sexually molested the pt. The pt as well as my self are male. I am married with a child. I have ER MD documentation of pt halucinating and low respirations ect. He received cha, narcan and romazicon. Later documentation in the ICU from an out of house psych facility shows Halucinations and delusions. The hosp. has provided an attorney. He says not to worry that this will not make it past deposition. My concern is that There was not much nursing documentation on him in th ER due to the fact that he was out of it most of the time. There is doc. of sternal rubs due to LOC and things of that nature, This is my first, and hopfully, my last suit. Any advise or coments? Als there have been no criminal reports filed agianst me and the date has passed for him to do any. The lawyer says my lisc. is not in jeopardy. HELP!!!!!!!!!!!!!!!!!!!!!!!!!!!

[purplemania, BSN, RN]

he sounds like a real scum bag. If he was under the influence wouldn't that be enough reason to suggest he had altered mental capacity and "imagined" those things?? Sounds like he just wants to make a quick buck off the hospital and has no regard for you. Of course, if he is an addict, he does not have much regard for himself. I am so sorry you are going thru this. Remember, it is not the first time for the lawyer, however, so try to accept their advice for now.

[Brownms46]

Get your own attorney It might cost you a little something now to do so, but it might save you from being blindedsided later.[/b] The fact that you did nothing wrong, and this guy was out of it, doesn't mean that you shouldn't protect yourself, and like others have said, the hospitals attorneys are there to protect the hospital..period!

[canoehead, BSN, RN]

The patient is a freaking idiot and I have no doubt he'll be laughed out of the deposition chamber. If I was you I would research who would be a good lawyer to retain and make the decision after the deposition. I can see why you wouldn't want to spend money on something unless you knew you needed it.

However, I would be very tempted to file a countersuit for whatever you can come up with, and/or discuss your case during that initial free consultation. No risk to you, puts a bit of a scare into the plaintiff, and you get some advice and reassurance for a minimal amount of money.

[Scis]

cmore:

First of all, calm down. The more you get frantic, the more it will appear you are trying to cover up something. He is the OD'er, you are the professional. Do not let your emotions get into any encounter you have with anyone over this accusation. It is exactly that, an accusation. You have the MD and your other professional nurse to back you up. This OD'er's memory is remarkable, especially for the snowing his CNS must have been under at the time. As someone else said, do not wait to obtain a lawyer, get one immediately to work on your behalf only! To depend on a hospital's lawyer to fully defend you is ludicrus(sp?). If they do win, who do you think will be found at fault? Not to scare you, but the lawyer does work for the hospital. I have always maintained my own malpractice insurance as well as being covered at the hospital. Look into it as soon as you can. It may be difficult to obtain a malpractice policy at the present time, but as soon as this suit passes, get one and keep it up to date! You won't regret the money you spend.

Again, try to relax, hopefully you'll get someone along the line who tells this jokester to buck up, stop being an ass, and stay out of ER's in the future unless he's dealthy ill. These types of patients take up so much of our resources and emotional reserves, they are not worth it! Think cognitively, not emotionally, and you'll be more convincing that all you did to this patient was what had to be done to ensure his safety and proper care by obtaining the info. necessary for proper diagnosis and treatment. In his mental state, he could have hallucinated any of the complaints he alledges. Have faith in yourself, your profession, your integrity. This too shall pass. Doesn't sound like the case will get far, but stranger things have happened! Remember when it's over to protect yourself with your own legal reserves and complete documentation! Best of Luck to you!

[grouchy]

Just a general comment on the issue of carrying malpractice insurance or not: I don't see how going "naked" discourages lawsuits. Couldn't someone just go after my house, my savings and my future earnings instead?

Good luck ER nurse! I would spend some spare time web searching for similar cases. Anything you find may help you put together a list of informed questions to ask a potential attorney.

[tonchitoRN]

grouchy asked if they could go after his stuff. (in most states your home is protected) probably yes. but lawyers want their money now. they don't want to wait 50 years for you to pay $100 per month to settle a case. this is why they want to sue someone with insurance.

[tonchitoRN]

do get a lawyer. you might have to go before the bon. hope not.

[Scis]

CMORE:

Do get your own lawyer and carry your own malpractice insurance, you won't regret it...that said, remember, in any negligence lawsuit the plaintiff must prove 4 key elements:

Duty to the patient; breach of duty by the healthcare

professional; injury resulting from the breach; and that the

breach of duty was the proximate cause of the injury (ENA,

Prof.Issues,1998).

Sounds like your patient will have some trouble proving these

key elements. You will prevail, but you'll never be the same in your practice. For yourself, your family, and your mental state, please cover yourself with a nice malpractice policy for use in the future, then go on and practice your profession with a clear head. You can't avoid these types, especially in ER nursing, but you can diminish the effect on your mental state by documenting appropriately any nursing intervention you institute and the outcome of your intervention. Remember, the patients come and go, then several years later you may be confronted with your documentation when you cannot even remember the event and/or patient. Document now with this in mind. I'm thinking of you and hoping for the best. Keep posting. Patty

[Katnip, RN]

I was told by a hospital attorney, and a couple of nurse attorneys that it is best to get your own insurance. When push comes to shove, the hospitals are going to put all their resources into defending the hospital, not the nurse.

I was also told by the same attorneys that the decision to sue is made before anyone knows whether you have insurance or not. That might depend on your state laws.

[traumaRUs, MSN, APRN]

What a freak! I work in the ER too. Once, I was accused of taking a urine-soaked $20 bill from some jerk! His girlfriend told the people in court, "He spent it on crack!" The public is filled with idiots.

[sammycat]

As a nurse following a Dr's order on an overdose pt. you should be covered. Also check the hospital and emergency room procedure book that covers this type of event. I know in our ER we have these proceedures laid out very well. This pt. was out of it, hallucinating, unable to make any decisions for himself due to his condition. At that time he was under the care of the doctor and did not have the freedom to object to any test, medication or proceedure. Had he been medically stable, he probably would have been Baker Acted (restrained for psych eval against their will). As he was delusional and had no witnesses to this "assault" his case can go nowhere, but might still cause you inconvience. Sorry for the pain this "piece of sunshine" has caused you. Good luck.

[sammycat]

Question......Where would a person go on the web to research the question of malpractice insurance or not. Similar case examples and so forth. Any ideas, please let me know because I have no insurance either. I always thought if I had insurance they would be more eager to come after me as well.