I got subpoenaed

JustBeachyNurse, LPN · May 28, 2015

Call your malpractice carrier to ensure your best interests are covered. I've not been called as a nurse but I was as an EMT. My charting got me excused by the subpoenaing attorney as it was simple and factual and wasn't the slam dunk victory they were hoping for. My malpractice carrier provided an attorney to represent me at the deposition who coached me how to stay truthful but protect myself. The case was civil and I was okay called as a witness not a party to the action.

I'm sorry

allnurses Guide · May 28, 2015

Hasn't happened to me yet but don't go in there without seeking legal counsel first!

Both sides will try to use you to their advantage and may express their displeasure at your failure to do that by discrediting you to make sure you don't also help the other guy's case.

Hoping the child is the ultimate winner in this case......

Jory, MSN, APRN, CNM · May 28, 2015

Fantastic. I've been subpoenaed by the lawyer of a client's parents who recently had their child removed from the home to testify on their behalf. I'm supposed to meet w their lawyer, the other nurse on this case, and our company lawyer. Has this ever happened to you?

Good grief, you don't need your malpractice attorney.

Folks...READ what she wrote: Her nursing care isn't being called into question.

I have had to go to court three times before on infants that ended with custody issues. I don't flip out going to court. These court cases do not question your care, they are asking you to confirm the documentation as it relates to CUSTODY.... That's it.

Yes, you get paid for it. That is part of your job and you are being called in accordance to what you witnessed and documented. The family seems to think it will help them.

Talk to your manager and ask to review the chart and refresh your memory before going in.

People freak out over court cases and unless your quality of care is being called into question, "flipping out", calling your malpractice insurance and getting a bunch of lawyers involved I'm sorry, is just going overboard.

If you go to court and ANYTHING about the quality of your care starts getting called into question. You simply stop, you tell the judge that this is not what you were told you were there for, they will reschedule the case and then seek legal council.

I work in an area of nursing where we run the risk of getting called to court quite a bit. If I flipped out and called a lawyer every time this happened my malpractice insurance would cancel me.

RiskManager · May 28, 2015

Jory above gives the exact advice that I would give, and I handle several deps a month for our staff. As a factual witness, you are there to answer questions about what you have observed and performed based upon the care you have provided. Key things to remember are tell the truth; if you don't understand the question, ask to have it rephrased; and "I don't know' or 'I don't have an opinion' are wonderful answers; no one expects you to know everything.

RiskManager · May 28, 2015

This is the handout that I give to my staff who are going to give testimony at court. Most of what I say also applies to the depositions.

Dress and act professionally. Remember that the judge, jury or

attorneys will be forming an opinion of you based in part on how you

look and act in the courtroom. If you dress and act as an educated and experienced professional, your credibility goes up. Dress as you would for an important job interview.

If you are going to the courthouse, remember that you will be going

through a metal detector. Do not bring any weapons, pocket knives,

pepper sprays or self-defense items into the courthouse. Turn your cell phone off before entering the courtroom. Do not bring food, drinks or gum into the courtroom. If you need to communicate with someone in the courtroom while court is in session, whisper or pass a note. Stand up when the bailiff says â€˜all rise' and sit down when the judge says â€˜be seated'. In some cases, witnesses are not allowed into the courtroom until it is time for their testimony.

Always tell the truth. Remember that you swore an oath or took an affirmation to tell the truth.

Wait for the entire question to be asked and pause for a moment before

you answer. This ensures that you do not interrupt, gives people the

chance to make any objections and gives you a moment to think about

your answer.

If you did not hear or you did not understand the question, ask for it to be repeated or rephrased. Simply say â€˜I don't understand your question. Could you ask it in a different way?'. Never answer a question that you do not understand.

In a court proceeding, stop talking when an attorney says â€˜Objection'. The judge will make a decision on whether to allow the objection or not and will tell you to answer the question or not.

â€˜I don't know' is a wonderful answer if indeed you don't know the answer

to the question being asked. You are not expected to know everything.

If you don't remember something, say so. Preface any response to a recall question with â€˜To the best of my recollection'.

Answer only the question being asked. As far as possible, keep your

answers short and to the point. If the question can be answered â€˜yes' or

â€˜no', do so. Do not volunteer information, but if the question cannot be

truthfully answered with a â€˜yes' or â€˜no', you should explain more in your

answer. Do not guess or speculate. Answer the question based on your firsthand knowledge of the facts: what did you personally see, hear or do? Do not answer based on the observations of someone else or your impressions of what occurred or should have occurred.

If you are in a trial with a jury, turn and look at the jury when giving

your answer. If you are in a hearing or trial with a judge, turn and look at the judge when giving your answer. Speak clearly and distinctly so that everyone in the room can hear you. Do not answer questions with a nod or gesture since the court reporter cannot record that.

When giving testimony, do not take any paperwork with you unless your attorney or risk manager has first looked at each page of the paperwork and approved taking it with you. Try to answer using simple language. Avoid using professional jargon or acronyms since almost no one will know what they mean.

Don't get angry, condescending, sarcastic, make jokes or argue with the

attorneys or the judge while giving testimony. Testimony is serious

business and must be treated with respect. Also be patient since outside

factors may make it impossible to follow the schedule for your testimony.

Stick to your area of expertise. If you are asked about the standard of practice or how to do things in another area of healthcare different from yours, reply that this is outside your area of expertise.

If you cannot answer a question without referring to the medical chart, say so and ask to be given a copy.

If at any time during your testimony you realize you have given an

erroneous answer or you have misspoken, correct your answer as soon

as you recognize your error. Tell either the opposing lawyer that you

misspoke, or tell your own attorney at the first available opportunity.

BuckyBadgerRN, ASN, RN · May 28, 2015

I was served with a subpeona 3 times in 20 years as an EMT. None were about my care for a patient. (one was a gunshot wound suicide, questionable foul play, they wanted our testimony as to what we saw upon arrival., one was a wrongful death suit---carload of kids screwing around, ended badly, parent's sued. and one was a "behavior" issue an officer had towards a patient)

I don't see the need for an attorney for OP's situation----she's being called as a witness, not a defendant!

AdobeRN · May 28, 2015

I have been called once - at the time worked in Corrections, inmate was "sueing" Sheriffs dept for being mistreated during her booking; I was called because my name was on one of the reports - so thankful I was wordy with my documentation on the care I gave her.

Mavrick, BSN, RN · May 28, 2015

For most practicing nurses, getting a mandatory invitation to attend court is a first, and hopefully ONLY experience of a lifetime. We are constantly fed the line of fear that our license (i.e. way of life) is threatened by every thing we say, (or don't say), do, (or don't do), lawyers are scum and have no one's interest but themselves. Courts are rigged for the wealthy and once they're out to get you only the lawyers win.

Of course that is a great exaggeration but like bulletproof vests most of us don't willingly put it to the test.

No one wants a bad outcome.

Mavrick, BSN, RN · May 28, 2015

deleted

Jory, MSN, APRN, CNM · May 28, 2015

For most practicing nurses, getting a mandatory invitation to attend court is a first, and hopefully ONLY experience of a lifetime. We are constantly fed the line of fear that our license (i.e. way of life) is threatened by every thing we say, (or don't say), do, (or don't do), lawyers are scum and have no one's interest but themselves. Courts are rigged for the wealthy and once they're out to get you only the lawyers win.
Of course that is a great exaggeration but like bulletproof vests most of us don't willingly put it to the test.
No one wants a bad outcome.

One of the first thing that I tell nursing students is that it is RARE that nurses are named in a lawsuit. That is when you can get $2 million in coverage for malpractice for under $200 a year. If it was a routine thing I can assure you it would be much more.

I also have students to go to their board of nursing and look at the reasons that nurses have had their licenses suspended or revoked...it's almost always the same thing:

* False charting.

* Impaired by alcohol

* Impaired by drugs

* Criminal conviction you didn't report to the BON

* Failure to pay student loans.

* Entering a drug treatment program.

* Diverting meds.

I think this unfounded fear needs to stop.

RiskManager · May 28, 2015

And the primary reason why nursing insurance is so cheap is that payouts are rare. This is due to the 'other insurance' clause that effectively excludes the typical nursing claim from coverage by the nurses own insurance policy, noting that the 'typical claim' are those arising from providing patient care as an employee of a hospital or other healthcare facility. Here is the clause as written in the typical CNA nursing insurance policy:

AVAILABILITY OF OTHER COVERAGE

This Policy is written as specific excess insurance over the insurance policy, self-insured retention, deductible, indemnification agreement, trust agreement, patient compensation fund or other fund or risk transfer arrangement of any sort ("other insurance") provided by a third party. If any "other insurance" is available to you, such "other insurance" must pay first. It is the intent of this Policy to apply only to the amounts covered under this Policy which exceed the available limit of any "other insurance" whether primary, contributory, excess, contingent, or otherwise. As such, this Policy will not contribute with any such "other insurance".

What this means is that the individual nurse coverage typically only kicks in if the hospital insurance limits are exhausted, or your insurance serves as excess coverage. Since the typical hospital has many millions in insurance, the chance of that happening are extraordinarily low. I have been doing malpractice claims for three decades, and I just don't see cases in which nurses are named as defendants and are not covered by the hospital's insurance for a claim arising out of the scope of their work as a hospital employee. 'Vicarious liability' and 'respondeat superior' are the legal theories for which the hospital is on the hook for the actions of their employees.

Certainly, if you provide care outside of being a facility employee or think you might have cause to use the licensure defense benefit (although that too has conditions), or having your own insurance just makes you sleep better at night, it may be useful to you. It is not likely to kick in for the typical malpractice claim involving a nurse, however.