Just got called for a depostition for a pt from 5 yrs ago!

carol72 · Aug 6, 2008

I can't say I have any experience to share with you, I don't, but I just wanted to send a hug. Best wishes.

psalm, RN · Aug 6, 2008

I haven't either, but prayers and hugs for you. If you've documented everything, you have nothing to worry about. Praying you will have clarity of mind and recall, and that you remain calm and concise.

Pediatric Critical Care Columnist · Aug 6, 2008

That's just the sort of thing that got me started keeping notes on situations that could be ugly later...

I first started working the the PICU in Winnipeg, Manitoba around the time that nurses were being subpoenaed to the pediatric cardiac inquest (details to follow) and many of my new coworkers were sweating bullets waiting to see if they were on the list. It was NOT the greatest time for me to be the only new nurse there! The emotion and fear were palpable. As it turns out, only one of my new coworkers was called, and her testimony was very concise and confident. The finding of the judge in that case was that the nurses were entirely blameless and that their charting was beyond reproach.

For those unfamiliar, in 1994 the pediatric cardiac surgery program at e Winnipeg Children's Hospital had a new, very inexperenced but cocky surgeon who took on cases that were well out of his skill range. Twelve babies and children died in a very short period of time. The nurses were the first to go to administration with concerns about his skills, his demeanor and his behaviour toward those he considered his inferiors - anyone who was not a surgeon. The nurses had specific concerns and they only got worse over time as their concerns were pooh-poohed. But when anaesthesia began refusing to work with him TPTB sat up and took notice. The program was suspended for awhile, restarted with his agreement to do only low risk cases, which lasted about two weeks, and then he was back attempting Norwoods, and more babies died. The program was suspended forever late in '94 after the 12th child died. The ensuing inquest was the longest medical inquest in Canadian history. The inquest report is available in its entirety on the web and I've read most of it. Of the 12 kids who died, the finding was that only 1 of them would have died no matter what. Now all the peds cardiac surgery in western Canada is done at the hospital where I work now.

PICNICRN, I'm so sorry this has happened to you. I hope your role in this case is only because your name is on the chart! Please let us know how it all comes down. I'll be thinking of you.

ShayRN · Aug 6, 2008

I just spent the last week in court from a case 5 years ago. PM me and I will give you details of my deposition and eventual testomony in court. It is scary, but you can and will get through this and be stronger in the end. (((HUGS)))

GrumpyRN63, ADN, RN · Aug 6, 2008

I was 'deposed" from a case that was five years old as well,this was 16 yrs ago. I was freaking out, the lawyers were great and did a good job in helping us out. The deposition lasted a couple of hours, then spent 2 days in superior court in front of the judge. I was somewhat defensive when put on the spot from the prosecuting attorney, and I would retort often, that this was FIVE years ago, I don't remember. The judge was great and we(the hospital) won. I hope to never go thru that again. It was nerve-wracking, but we all got thru it, you will too, best of luck, Grumpy

Vegas RN, MBA · Aug 6, 2008

I had a deposition once from a patient I treated three years from the time I received the deposition.

Go get a good night's sleep.

From the attorneys, I received the patient's record that all the nurses charted on, so a time line came into mind. I didn't remember this patient, but pretty much I do things the same.

During the deposition I just read the charting silently a few times, remembered what I do to help save people's lives every day, and the rest was easy.

When the attorney asked me why I did what I did, I told her from my instinct, as that's what I would normally do every day with anyone presenting with these same symptoms. Nothing differed from everyday care, and my everyday care was GREAT two snaps up! (Yes, that was a saying at the time). A few more questions followed, but all the answers were the same. I gave standard care given that situation.

I was never called again. Just tell them that you do not recall thais patient, but in your best estimation you did what you do every day. Hopefully tour charting backs your natural instinct up.

Not for out of joy, but as a warm-up to the LegalSpeak that may come:

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iluvivt, BSN, RN · Aug 6, 2008

Yes I have given many depositions about the IV pieces of a case as well as reviewing charts for lawsuits. Remember that a lot of nurses are initially called in on a case to see what they know because at one time the during the hospital stay or close to an incident they took care of the patient. First,before you freak find out what it is all about and review your charting and the whole chart to help your memory. If you are deposed,this occurs in an office somewhere (not in a courtroom),you will be sworn in and there will be attorneys present and a court reporter. Remember everything you say is recorded (unless the attorney requests an off the record consultation with you) even Uhhh and Ohs....so concentrate and think carefully before you utter anything. Answer honestly to the best of your memory It is OK to ask for a repeat of the question.It is all very civil but be advised that the other attorney will word things in such a way to work you into saying what they want to hear and if you give them an inch they will run with it! So do not be wishy-washy be firm and certain and if you know what the standard of care is do not let them sway you. Be familiar with the term "Standard of Care and make certain that when you review your charting see if you follwed the standard of care as well as the policy and procedure at that time. They will obtain a copy of that policy and procedure...so review it. I would not take any medication to relax,rather get a good nights sleep and eat something that will give you long acting energy. Keep us posted and you will be OK it is not that bad.This reminds us all just how important charting is!!!

Batman24 · Aug 6, 2008

Another word of advice when being deposed...only answer what is asked. Don't offer additional info. No long winded answers. Short and concise. Answer yes or no when applicable. If you can't remember state as much.

"Were you infant delivery nurse?!" Yes

"Did you admit baby to NICU?!" Yes

No elaborating and no drawn out explanations. Just the facts. They will be looking to trip you up but if you are honest and concise they can't.

My guess is you aren't a big part of this case because if you had been a part of a major problem or something had gone really downhill at that time you would remember. Don't be nervous. You will do great.

oramar · Aug 6, 2008

That's just the sort of thing that got me started keeping notes on situations that could be ugly later...
I first started working the the PICU in Winnipeg, Manitoba around the time that nurses were being subpoenaed to the pediatric cardiac inquest (details to follow) and many of my new coworkers were sweating bullets waiting to see if they were on the list. It was NOT the greatest time for me to be the only new nurse there! The emotion and fear were palpable. As it turns out, only one of my new coworkers was called, and her testimony was very concise and confident. The finding of the judge in that case was that the nurses were entirely blameless and that their charting was beyond reproach.
For those unfamiliar, in 1994 the pediatric cardiac surgery program at e Winnipeg Children's Hospital had a new, very inexperenced but cocky surgeon who took on cases that were well out of his skill range. Twelve babies and children died in a very short period of time. The nurses were the first to go to administration with concerns about his skills, his demeanor and his behaviour toward those he considered his inferiors - anyone who was not a surgeon. The nurses had specific concerns and they only got worse over time as their concerns were pooh-poohed. But when anaesthesia began refusing to work with him TPTB sat up and took notice. The program was suspended for awhile, restarted with his agreement to do only low risk cases, which lasted about two weeks, and then he was back attempting Norwoods, and more babies died. The program was suspended forever late in '94 after the 12th child died. The ensuing inquest was the longest medical inquest in Canadian history. The inquest report is available in its entirety on the web and I've read most of it. Of the 12 kids who died, the finding was that only 1 of them would have died no matter what. Now all the peds cardiac surgery in western Canada is done at the hospital where I work now.
PICNICRN, I'm so sorry this has happened to you. I hope your role in this case is only because your name is on the chart! Please let us know how it all comes down. I'll be thinking of you.

I remember that case, nurses spoke out, early on nurses warned the institutions the surgeon was incompetent. Their concerns were brushed aside for reasons we all know.

Jo Dirt · Aug 6, 2008

I remember that case, nurses spoke out, early on nurses warned the institutions the surgeon was incompetent. Their concerns were brushed aside for reasons we all know.

What became of this idiot quack?

PICNICRN, BSN, RN · Aug 6, 2008

Thanks all for your wisdom!!!

I have had a good nights sleep and have calmed from the initial shock. Bottom line is I do not remember this pts name which is probably a good thing, as I do remember a handful of other pts names that did go downhill over the years. So I guess I will start by reviewing the medical record as soon as I get it and go from there.

I guess it's just all part of the job, huh? I will keep you all posted on the progress-especially if I start freeking out again! And thanks for the offer to PM you.... I will do that this evening!