Lawsuit.. Discovery phase.

Published

I found out that a patient has filed a lawsuit against my health region for a fall in hospital from 2 years ago. I witnessed the fall, but was not directly related in anyway. I only came into assist when I saw her falling, and eased her down to the floor. This person had a significant brain injury from 6 years prior, as well as complex mental health issues. At the time, the patient was grateful for my help. I didn't think much of it, other than feeling bad that she had fallen. 3 months ago, I got a call from my manager that she has named me in the case. My manager assured me that my charting on the matter, as well as her history will save me and the case will likely get thrown out. I've been feeling incredibly stressed about it, not sleeping and anxious about all of the time I need to take off of work for meetings, briefings and the discovery. They have asked that I open my calendar for 2 different dates, as the woman filing the lawsuit might not be available one of the days!! That is a total of 5 days that I need to book off of work. It just doesn't seem fair, but I know I need to suck it up and go through the motions.

Has anyone else been called in for questioning? Can you let me know what your experience was?

Up Vote Up Vote ×
Specializes in NICU, ICU, PICU, Academia.

I went through this years ago. They ask you questions..You answer as best you.can. If you.don't remember, say so.

It really is not that big a deal it sounds like. You will not lose your job or home or livelihood over this.

Up Vote Up Vote ×
Specializes in ICU/community health/school nursing.

So...the hospital is providing you a lawyer? Do you have ? If so, now would be the time to let them know about the discovery.

Meanmaryjean is probably right. You will answer questions as best you can, try not to get flustered.

Up Vote Up Vote ×
Specializes in Ambulatory Care-Family Medicine.

I was called to give testimony when one of the physicians I work with was named in a malpractice suit. The Dr did nothing wrong and the hospital lawyers told me exactly what to expect and offered advice throughout the whole process. Contact your hospitals legal department and schedule a time to meet with them before the court date so you can ask questions, that's why hospitals have lawyers on staff.

Up Vote Up Vote ×
I found out that a patient has filed a lawsuit against my health region for a fall in hospital from 2 years ago. I witnessed the fall, but was not directly related in anyway. I only came into assist when I saw her falling, and eased her down to the floor. This person had a significant brain injury from 6 years prior, as well as complex mental health issues. At the time, the patient was grateful for my help. I didn't think much of it, other than feeling bad that she had fallen. 3 months ago, I got a call from my manager that she has named me in the case. My manager assured me that my charting on the matter, as well as her history will save me and the case will likely get thrown out. I've been feeling incredibly stressed about it, not sleeping and anxious about all of the time I need to take off of work for meetings, briefings and the discovery. They have asked that I open my calendar for 2 different dates, as the woman filing the lawsuit might not be available one of the days!! That is a total of 5 days that I need to book off of work. It just doesn't seem fair, but I know I need to suck it up and go through the motions.

Has anyone else been called in for questioning? Can you let me know what your experience was?

This is exactly why nurses should have . Do you have it? If so, you should have called them the minute you learned that you have been named specifically in a lawsuit.

Up Vote Up Vote ×

I live in Canada, and we automatically pay for it with our license. I already have a lawyer involved and will meet with her prior to the questioning to go over how to answer questions.

Up Vote Up Vote ×

Don't sweat it - my fiance had to go through this a couple of years ago.

I can't say much on it because I don't want to give away anything identifying, but he was called to assist in a code. 2 years later, he got named in the case even though he was on the scene maybe 5 mins?

Your hospital's legal team should coach you~ Don't give up information they don't ask for.

You charted etc. and followed protocol; your mgr. has faith that everything will be OK so try not to worry too much.

Up Vote Up Vote ×

An inmate I discharged from a forensic hospital committed suicide about 10 months later in prison. It had nothing to do with me, but I was called in for a deposition. 75 people were named in the lawsuit, ie every name in the chart.

The entire thing was a farce. The patient was an extremely impulsive young man who committed suicide just a few months before his release, although multiple professionals evaluated him for serious mental illness and did not find it.

The family wanted money. They found a sympathetic but very inexperienced lawyer, no doubt cheap, who seemed to truly believe the system had done this young man wrong.

I never heard another thing. That was 10 years ago.

I worked for an agency at the time that liked to torment employees about losing their license, if there was ever a lawsuit, but I never saw it happen when people had done their job.

The only person who ever got into any trouble documented something that didn't happen, and there are cameras everywhere in prison.

They are looking for money, and end of story.

Up Vote Up Vote ×
Specializes in Med/Surg/Infection Control/Geriatrics.
This is exactly why nurses should have malpractice insurance. Do you have it? If so, you should have called them the minute you learned that you have been named specifically in a lawsuit.

Can't say that I agree with this. In Texas, where I use to live, very few nurses carry it. All it does is provide the person who is suing, with a free bank account courtesy of you and the insurance company when they find out you've got a policy. They cannot sue you for your home or anything like that.

I use to carry it myself but don't anymore.

It would be best to consult with the lawyers though in any case.

It does sound as though you did some great documentation when the occurrence happened so well done! This is why documentation is so important!

Up Vote Up Vote ×
Specializes in Hematology-oncology.

I was a barely 18 year old nursing assistant, working in a LTC, when I witnessed a patient fall. I had just finished morning care on one of my residents, gotten them up to the wheelchair, and opened the room door so they could see out while I tidied the room/made the bed. Out in the hall, one of the ambulatory "memory care" residents was walking, when another resident wheeled up behind her, shoved her out of the way, and she fell.

I'll never forget it, because I was so terrified giving a deposition at that age. I had a lawyer from the facility with me, and they went over my testimony before the actual deposition. I answered questions to the best of my ability, and never heard anything afterwards.

Up Vote Up Vote ×

I live in Texas and all of the nurses I work with carry it.

Also, I own a second home, and they can definitely go after that, so you better believe I'm covered.

Up Vote Up Vote ×
Specializes in Med/Surg/Infection Control/Geriatrics.
I live in Texas and all of the nurses I work with carry it.

Also, I own a second home, and they can definitely go after that, so you better believe I'm covered.

It's a personal choice. As I said, most of the nurses I worked with didn't carry it.

Up Vote Up Vote ×
+ Join the Discussion