Freeked Out In A Law Suit

Specialties Emergency

Published

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!!!!!!!!!!!!!!!!!!!!!!!!!!!

Get your own insurance anyway. The also covers "good samaritan" acts, i.e., someone goes down on a city street and you start CPR, etc. You as a professional can be held liable for any acts you do/do not do in this case. You need to make sure your license is protected whether or not you perform acts within or without of the hospital setting where you are employed. I'm sure you have worked hard to earn your RN status and for anything else you've acquired because of practicing your profession, protect yourself!

Patty

Up Vote Up Vote ×

So, have you gotten a lawyer?

Update, please?

Up Vote Up Vote ×

That is really rough and upsetting. I know - I've been there. The hospital bailed and I was left by myself. A hospital attorney had been appointed, but dropped me when I moved and had to get a job not so far away! I had asked if I would still be covered and was told I would. I received this news 9 days before I had to answer to the board!! I knew I had done nothing wrong, but proving it to a bunch of ivy towers is another thing. The best thing I did was talk to everyone that was there. I had notarized letters from the doctors and nurses. I wrote my own letter. Just the facts - no emotions - and attached the notarized letters. I was cleared the day after they got my letter. Although the hospital (administration) dropped me, my collegues did not. I had worked with them all for years. Even my director rallied. There are ways that help that the lawyers don't think about. Just food for thought. Don't put emotions in it. Put only logic and fact. The board does read it. Don't know if that helps or not - I would advise a good lawyer thought, not the hospital one. If I had had the time and money, I would have retained my own.

Up Vote Up Vote ×

Get your own lawyer!

NOW!

Do not wait!

While it may not help you now, get your own insurance.

I carry 3.5million through my practice, however I personally carry an additional 5 million in addition.

There is just too much to loose.

David Adams, ARNP

ACNP, FNP

Up Vote Up Vote ×

so what happened???

Up Vote Up Vote ×

what a bs lawsuit.......i am sure your lawyer was right and it won't go past deposition after all the documentation of hallucinations - the fact he said you pulled on the cath when it was documented HE actually was doing that.......

when you are cleared (and you wiil be) - turn around and sue that a....hole right back - for the stress and defamation he caused you..... 500,000 sounds appropriate :)

Up Vote Up Vote ×

I have a question and maybe someone can answer it for me. In regards to carrying , some people say that if you carry it you're more likely to get sued. My question is, how is a patient to know you even carry malpractise insurance?

I also agree with everyone who says get your own lawyer. This may seem like a frivolous case that won't go anywhere but don't be so confident of that. I used to work in a law office and believe me, I've seen plenty of cases that went to court and won that shouldn't have even been filed. I've heard of other cases that are just ludicrous and won (i.e. a woman goes into a furniture store, trips over an unruly two year old falling and breaking her ankle, sues the store and wins $780,000-- here's the kicker, the two year old she tripped over was her own kid!!). Someone can even injure themselves while breaking into your house to rob you and can sue you for all you own. So yes, by all means do hire a lawyer.

Up Vote Up Vote ×

i understand what you are referring to w/ the above ludicrous cases winning money for those who don't deserve it... however in this case it is a hallucinogenic male "remembering" these things - he has absolutely no injury or proof, yet there was an ER full of staff etc to vouch it didn't happen - if any judge went on w/ this - they should be disbarred.

i had a girl a few wks ago who was all hopped up on amphet, cocaine etc.... we had to cath her because she said she couldn't pee - so she was cooperative and let us i/o cath her (it was myself and a female tech both caucasion in race)

the next day she told everyone that two black men were sticking things in her lady parts in the ER the nite before...... shows very clearly how drugs completely alter the mind..

Up Vote Up Vote ×

I know I am in the minority..but as a person who has spent a great deal of $$ on my lawyer this year, I think your first instinct to wait until the deposition. My guess is the hospital will settle, settling is cheaper for the hospital.

Up Vote Up Vote ×

I am forwarding this thread to a Nurse Attorney friend of mine and hope she will offer some free (but limited) advice.

-HBS

Up Vote Up Vote ×

CMORELOCK45....What happened, we're all waiting to hear how things turned out!

Up Vote Up Vote ×

Someone stated that it is in the hospital's best interest to give you the best legal representation.they will usually be upstanding as long as you "followed protocol".They pay people big bucks to find any legal loophole they can to prove you weren't following protocol.Once they can establish that you will probably be on your own......... and under the bus.I have never been sued but work in a legally high risk area of nursing(corrections).........they attempt to sue us all the time.

Up Vote Up Vote ×
+ Add a Comment