My First Subpoena

BillEDRN · Sep 25, 2008

I suggest you speak to your risk manager and corporate counsel as they will be representing you. Assist them as well as you can and be honest. Depending on who subpoenaed you, the preparation may be a little different.

If it was for someone who was for a blood draw (I assume the LEO thought the patient was drunk or under the influence of something) I suspect it was the Prosecution who wants to document your compliance with applicable standards for the legal drawing of evidence to be used in building the case against the guy.

rjflyn, ASN, RN · Sep 25, 2008

Most likely you wont even have to testify. Having been subpoenaed in this instance before, most likely its going to get continued a time or two. More than likely on the day before or morning of court the perp will plead guilty.

Rj

rjflyn, ASN, RN · Sep 25, 2008

I suggest you speak to your risk manager and corporate counsel as they will be representing you. Assist them as well as you can and be honest. Depending on who subpoenaed you, the preparation may be a little different.
If it was for someone who was for a blood draw (I assume the LEO thought the patient was drunk or under the influence of something) I suspect it was the Prosecution who wants to document your compliance with applicable standards for the legal drawing of evidence to be used in building the case against the guy.

Yeah sure, i have only worked one place that even cared at all in this particular case. And all they really wanted was that my shift was covered if I was scheduled to work.

Rj

BillEDRN · Sep 25, 2008

Yeah sure, i have only worked one place that even cared at all in this particular case. And all they really wanted was that my shift was covered if I was scheduled to work.
Rj

That's too bad. I have had to work with corporate counsel and risk managers on several occasions with multiple facilities as a staff nurse, and found that each time they were most helpful. I am sure that it was because they were interested in presenting the best possible legal position for the facility. As far as covering your shift, that's the facilities responsibility when you receive a subpoena.

In my current position at a law firm, we advise all of our clients (hospitals) to assist any employee who receives a subpoena, as it's in their best interest to be in the best legal position possible for any legal proceeding.

sfsn · Sep 25, 2008

I suggest you speak to your risk manager and corporate counsel as they will be representing you.

Actually, since I am a witness in a case of The People vs the patient, the hospital is not involved and I don't have representation. So when my risk manager found out she didn't really have anything to say about it.

If it was for someone who was for a blood draw (I assume the LEO thought the patient was drunk or under the influence of something) I suspect it was the Prosecution who wants to document your compliance with applicable standards for the legal drawing of evidence to be used in building the case against the guy.

Yes, I think that is the situation. I'm just afraid I'm going to get nervous and end up looking stupid, or maybe the defendant's attorney is going to try to press me and try to make me seem incompetent or something.

sfsn · Sep 25, 2008

Most likely you wont even have to testify. Having been subpoenaed in this instance before, most likely its going to get continued a time or two. More than likely on the day before or morning of court the perp will plead guilty.

That's what one of my coworkers told me.

Have you ever ended up actually having to testify?

RN1989 · Sep 25, 2008

The opposing side will always try to make you look bad. If they didn't - they could get sued for malpractice.

Don't take anything with you except ID and anything they tell you to bring. Anything you take with you could be subject to being shown to everyone. I've seen some stuff that was seemingly innocuous in someone's pocket be used against them.

Be calm. Wait a few seconds before responding to questions. That lets attorneys have time to object to any questions. It also gives you time to comprehend what they are asking and to formulate a coherent answer. If you are confused, unsure of exactly what is being asked, ask them to repeat the question.

Don't get angry. They may try to bait you. Once you get it into your head that they are SUPPOSED to do this, because it is in the best interest of the attorney's clients, it is easier to chill and not let them rattle you.

Relax and you will do fine. I was deposed once for a suit against a doc. At the time I thought it was the worst thing in the world. Turns out - it was a piece of cake compared to other things that have happened to me since then.

sfsn · Sep 25, 2008

Don't take anything with you except ID and anything they tell you to bring. Anything you take with you could be subject to being shown to everyone. I've seen some stuff that was seemingly innocuous in someone's pocket be used against them.

Wow. That is really good advice, thanks. I would never have thought of that. Like even my regular purse items, wallet, etc?

Be calm. Wait a few seconds before responding to questions. That lets attorneys have time to object to any questions. It also gives you time to comprehend what they are asking and to formulate a coherent answer. If you are confused, unsure of exactly what is being asked, ask them to repeat the question.
Don't get angry. They may try to bait you. Once you get it into your head that they are SUPPOSED to do this, because it is in the best interest of the attorney's clients, it is easier to chill and not let them rattle you.

Thank you, that is very good advice too. You're right about it being their job. I just hope it doesn't really make me feel personally insulted or attacked. I tend to either get flustered or defensive in those types of situations. I hate being put on the spot!

Also maybe the defense would realize that trying to insult a nurse is not something a jury might look upon too fondly.

Relax and you will do fine. I was deposed once for a suit against a doc. At the time I thought it was the worst thing in the world. Turns out - it was a piece of cake compared to other things that have happened to me since then.

That sounds pretty traumatic. And I'm sorry to hear you've been through other more difficult situations.

I have been deposed before, which I would prefer in this case because you don't have to be on the stand in front of the jury and the judge and everything. Of course I'm picturing something like a scene from "Law & Order" when I know it is not going to be anything like that.

RN1989 · Sep 25, 2008

Yes, anything you take with you could be called into question (depending on what answers you give in questioning, if someone sees you with "something" they think they can use against you) and you could have to produce it - even normal purse contents.

Trial testimony is like a deposition - except there are a few more people. Since you have been through depo - you have a good idea of what will happen and what you need to do to remain calm and answer questions succinctly and professionally.

No, it does not look good to make a nurse look bad in front of a jury.

I think you will do just fine!

Altra, BSN, RN · Sep 25, 2008

Subpoenas for the person who performed the venipuncture in DUI cases are common - if this is one of your job functions, it will not be your last subpoena.

Actually having to testify, however, is rare, provided that the venipuncture is well-documented. When doing these legal blood draws, always chart precisely the site, that the pt. was cooperative with the blood draw, and that betadine (not alcohol) was used to prep the venipuncture site. Also chart that the blood was drawn in the presence of the LEO, labeled and given directly to the LEO. Make sure the time of the blood draw is the same on your documentation, the documentation given to the LEO and anywhere else you're documenting.

If you've documented all these things and kept your verbal interaction with the patient to the professional minimum ... it's unlikely that actually having you testify will uncover any new territory for the defense. If there are holes in the documentation, attorneys may feel there's an opening to uncover something to help their client.

There is probably a phone number of the DA's office printed on the subpoena -- call there and ask if you actually have to testify. Most likely they will put you on a "stand by" list so that you don't actually have to go to the courthouse on the day of the trial unless they specifically call you between now & then.

That is the most typical course for this type of event.

It's when the person being subjected to blood draw suddenly decides to refuse ... attempts to assault anyone within striking distance while still handcuffed ... and starts making wild statements that life gets interesting. Been there, done that. :rolleyes:

BillEDRN · Sep 26, 2008

Don't take anything with you except ID and anything they tell you to bring. Anything you take with you could be subject to being shown to everyone. I've seen some stuff that was seemingly innocuous in someone's pocket be used against them.

RN 1989,

I help prepare folks (nurses as well as others) for deposition and trial testimony and think much of what you say is very good advice. I would add that I would wait to respond to questions (and this should be worked out with your lawyer beforehand) while watching your lawyer. If it looks like he/she may try to object to a question, keep quiet until you're sure there is no objection raised.

I do question your advice and would ask for clarification, based on your later comments, about personal objects "being shown to everyone." I would be most grateful if you could share the specifics of your experiences so I might better understand the circumstances and adjust any advice I provide accordingly.

Thank you.