I got subpoenaed

[CloudySue]

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?

[caliotter3]

I have personal experience with an employer covering/not covering liability. That is how I can make the statement that you can not count on your employer to cover you. I highly advise all nurses to get their own malpractice insurance. What do you think I did, before the employer's attorneys told me that they no longer represented me? Food for thought from a horse's mouth.

[nursel56]

I was responding to this statement below,not your post.

Oh, I've noticed people saying sometimes phone quoting doesn't always translate accurately to the desktop version. Sorry for the mix-up.

[smartnurse1982]

I can think of three possible explanations:

1. You are working for the agency as an independent contractor, not an employee. If so, the agency's professional liability insurance would not cover an independent contractor.

2. The agency thinks that in the event of a claim, the employed nurse's professional liability coverage will be primary and the agency's insurance will not respond. If the agency makes a deliberate decision to not have professional liability insurance, this is indeed true. Recall that the 'other insurance' clause in the individual nurse policy provides that if there is other insurance through the employer, the individual policy is excess coverage. If there is no other insurance through the employer, then the individual nurse policy would be primary.

If the agency does have professional liability insurance for the employees, and the nurse is an employee of the agency, then the agency insurance will be primary, the individual nurse policy will be excess and will probably not be triggered. The majority of nurses or healthcare administrators have no idea about the 'other insurance' clause and that the individual policy is excess over the employer's coverage. So an agency may ask for the individual nurse professional liability coverage in the mistaken belief that it will be primary coverage.

3. The agency may choose to purchase low limits of professional liability insurance such that there is a greater chance that those limits would be exhausted by a claim, and then the individual nurse liability policy will come into play as excess coverage. So the agency is shifting at least part of the liability cost to the individual nurse. This may be a viable risk management strategy for an agency, which likely has little in the way of assets to seize to satisfy a judgment. So with little insurance or assets, an agency may be seen as essentially 'judgment proof', and the claimant then looks for other deep pockets with insurance or assets. An individual nurse policy with limits of $ 1 or 2 million may be that deep pocket.

The takeaway from this is before working for any healthcare employer, an employee should ask about what professional liability coverage is afforded to the employees, and who is the carrier; what are the limits; and can you get a copy of the certificate of insurance or declarations page showing the coverage.

I receive a W2,not a 1040.

How will an employee know if an agency has malpractice insurance?

I still wonder why they ask to see our Malpractice insurance.

[CloudySue]

I had a phone interview on Friday w the client's parents' lawyer, with the clinical supervisor and office director in the room w me. It went quite well, just straight questions/answers to clarify orders and what I did about them. My supervisor doesn't think I'll be called for the hearing; I didn't have anything new to say beyond what she had said. I hope that's it for me; I have a very busy summer planned and don't want to cancel anything to show up to testify.

[caliotter3]

Glad to hear that it went well Sue. Hopefully that will be the end of it for you.

[SeattleJess]

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 ‘all rise' and sit down when the judge says ‘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 ‘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 ‘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.

‘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 ‘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 ‘yes' or

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

truthfully answered with a ‘yes' or ‘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.

Excellent advice. You did well by your staff.