I'm a friggin' mess right now. Just got a call from HR requesting my presence next week to meet with an attorney. When I inquired further I was told a pt (or family) is suing the hospital and I'm being asked to appear. I asked if I was meeting the hospital's attorney, pt's attorney or both. HR said they couldn't say. I'm not dumb, they're calling me in because either I worked that day or more likely my name is on the chart. What if I inadvertantly charted wrong? What if I charted on the wrong pt? OMG, I'll never work again!
I'm not intimidated my lawyers. I'm rarely intimidated by anyone. What do I say? What don't I say - without lying? I've racked my brain thinking who could possibly be suing but cannot think of anyone. I conduct myself in a professional manner (been told too professional at times) and I chart every little thing, go to the nurse for every pt complaint. I chart every 2 hours when I do rounds that pt is turned, call light within reach, rails up, etc. I've had no complaints against me.
There are a shortage of aides and it makes it extremely difficult to provide excellent care but I do the best that I can. I explain to the pt or family members that their bath may be done after lunch and no complaints there. No experience with hostile pt or family members.
Ok, so how do I conduct myself during this inquisition?
Remember that anything you say will be used against you. Give them no information, as they have not even given you the courtesy of informing you who the patient was. It seems like that are trying to catch you off guard. Sit there and ask questions, ask to see the information they have and remain stone/poker face. Even if they ask you if you remember that patient, reply that you will not answer any questions and am there to gather much needed information to take to the attorney you plan on having protect your interests. You could tell them that manner in which they have summoned you to this meeting suggests that you will need to retain counsel to protect your interests. Don't tell either way about malpractice insurance you may have-advise them that you will not be answering a single question.
Good Luck to you. Just keep in mind that they are trying to intimidate you. Go ahead and intimidate them right back! Show no fear as you should have nothing to fear if you did everything to the best of your ability, given the particular set of circumstances that existed.
Unless you are directly charged with something I wouldn't necessarily get a lawyer. You're not on trial for anything here. It's just a inquisition. I've been to a couple of these things and they aren't that bad.
As Leslie said, just the facts, short and sweet, even if it makes your coworkers, yourself, or your organization look bad, keep it to the facts without any extras, or guilty sounding excuses.
I would definately get more information pior to going in, such as who the patient was and to review the chart because most of the time by the time these things get to this point it's been a couple of years and you've taken care of 1000's of patients in the mean time. Definately talk to your hospital's risk management/lawyers, etc. and see if they need to coach you.
Unless you are directly charged with something I wouldn't necessarily get a lawyer. You're not on trial for anything here. I would definately get more information pior to going in, such as who the patient was and to review the chart because most of the time by the time these things get to this point it's been a couple of years and you've taken care of 1000's of patients in the mean time. Definately talk to your hospital's risk management/lawyers, etc. and see if they need to coach you.
:yeahthat:
I think if they won't give you more information you have every right to refuse to attend. It's basically a request not a subpoena.
Getting an attorney is so easy to say...it's the first thing everyone says... but lets face facts...she doesn't even know if she's directly involved and lawyers are expensive.
We were once advised, by a trusted professional, to retain an attorney to protect our rights. The retainer was $2,000. Just the retainer! It turned out we never needed a attorney from the git-go and I called this attorney the following day and requested to talk to him regarding a refund. No way I was told. I went to the office and demanded to talk to the attorney. My dh was mortified. I told him exactly what the $2,000 meant to me and politely pointed out that he was driving a Lexus and I was driving a 95 Ford Ranger. I argued for probably 30 minutes but I did get my money back.
Don't jump the gun Bethie, love ya, try to relax hon.
I called HR and spoke to a different person and expressed my concerns. He said that the hospital's attorney will prep me on Fri and that next Thurs I will give my deposition. The first time the HR gal did not mention a deposition. She made it sound like I was just meeting with the hospital's attorney casually. I feel better after speaking to HR again. He told me the pt's name and I do remember her but this was 4 years ago so I'm trying to remember exactly what I did.
I'm a CNA, not a nurse. I'm afraid that what I did which I feel uncomfortable about will get me grilled by the opposing attorney. HR stated that the pt's chart has been reviewed and that nsg care is not in question but MD's is. Guess that's where I come in at. There's ALOT more to this story but I don't want to give too many details.
I don't know how protected I am if I state what I did. I did not chart what the dr said but I told the RN. I think that was a mistake - maybe I should have charted that but this is why I hate being a CNA. I get caught in the middle.
HR said not to worry, that no one is questioning my charting or my care - yeah right.
Specializes in ER, ICU, Infusion, peds, informatics.
hr stated that the pt's chart has been reviewed and that nsg care is not in question but md's is. guess that's where i come in at. there's alot more to this story but i don't want to give too many details.
please, bethin, take a big deep breath in and let it out.
the parts of your post i quoted say just about all that needs to be said.
the issue is the doctor's care, or lack of care. since you were the one to page her, they are going to need to hear from you what she said.
as everyone else said, keep to the facts. tell them what she said. tell them what you did.
it is a horrible feeling to be involved with a lawsuit, esp when you helped to provide care.
I have to agree a lawyer is not needed at this juncture. You are not under subpoena your presence has been requested. Therefore it is up to you whether you attend or not. I would suggest attend. But prior to attending I would talk to your HR dept and inform them you need more information. If they are hesitant or refuse I would inform them that if they want you to give truthful and factual information it would be in their best interest to provide you with all pertinent information. With or without information do not lie or try to cover your behind. If at all possible give only yes or no answers. Give only the information they are asking for. No more no less. Do not embellish your answer. Short sweet and to the point. As you are not under subpoena you can stop any time you wish. If you feel that you are being attacked and and feel you may be in trouble then stop and inform them you will need to consult counsel prior to proceeding. And then do it. Talk to a lawyer most lawyers do either free or low cost initial consults. If the attorney recommends you be represented either retain them or another attorney. You local Legal aid can give you a list of attorneys. If you can't afford an attorney Legal aid can usually put you in touch with an attorney that best fits your financial condition. Hope this helps.
Take a deep breath. Relax it is not a life ending event. It is intimidating but not the end of the world. You will do just fine. Look at it as a leaning experience and try to have fun with it. :balloons:
loricatus
1,446 Posts
Remember that anything you say will be used against you. Give them no information, as they have not even given you the courtesy of informing you who the patient was. It seems like that are trying to catch you off guard. Sit there and ask questions, ask to see the information they have and remain stone/poker face. Even if they ask you if you remember that patient, reply that you will not answer any questions and am there to gather much needed information to take to the attorney you plan on having protect your interests. You could tell them that manner in which they have summoned you to this meeting suggests that you will need to retain counsel to protect your interests. Don't tell either way about malpractice insurance you may have-advise them that you will not be answering a single question.
Good Luck to you. Just keep in mind that they are trying to intimidate you. Go ahead and intimidate them right back! Show no fear as you should have nothing to fear if you did everything to the best of your ability, given the particular set of circumstances that existed.