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?
Don't say what you feel, say what happened. In short, concise statements. Don't ramble about should haves/would haves/could haves. Nothing you did caused her death. A BP is just a number (an important one yes, but only one of many other things going on), if your number wasn't accurate, and the pt was deteriorating, it would have manifested in other s/s that would have caused the RN to look closer and recheck it if needed. So don't look at blaming yourself (I'm sure the MD would love to hear that! Don't let them!) And delete that stuff in your post, don't want it coming out somewhere letting this MD off the hook.
If you have liability insurance, bethy, you should contact them today.
If you do not, depending on your meeting, you might need to seek legal counsel who will serve as your advocate.
As stated above, relax and just tell the truth as you recall. Do not embelish the facts and listen to all questions in their entirety before speaking.
Most of all, you should not discuss this with anyone, friends, family, (or employer other than what has been discussed with you thus far).
Good luck and IMO, seek out an attorney to have on retainer.
Siri, I'm just wondering....if the attorney represents the patient and not the hospital, would it be wise for her to just refuse to speak to them at all until she can get an attorney present to advocate for her?
You know how those people like to take everything and twist it.
Specializes in icu, er, transplant, case management, ps.
Siri, I'm just wondering....if the attorney represents the patient and not the hospital, would it be wise for her to just refuse to speak to them at all until she can get an attorney present to advocate for her?
You know how those people like to take everything and twist it.
It depends. If one has been subpoena for a deposition, you must appear. If you have just been contacted by an attorney, you have the right to refuse. But you need to bear in mind, the attorney will jump to the conclusion that you have something to hide.
Nurses nor CNA's should chart anything that is said unless the patient said it.
i.e. "I'm not going to take a bath" or "I'm not going take that medicine"
If the pt's (whatever) was charted. The RN is responsible inform the doctor of whatever was abnormal. If the doctor choose not to act on it then it's his responsibility.
I had a doctor once tell me he didn't care if the patient was hurting. I reported him but did not chart it. QA sent me an e-mail and thanked me for not charting it.
Specializes in Education, FP, LNC, Forensics, ED, OB.
Siri, I'm just wondering....if the attorney represents the patient and not the hospital, would it be wise for her to just refuse to speak to them at all until she can get an attorney present to advocate for her?
You know how those people like to take everything and twist it.
One thing of concern:
If an individual (nurse, etc.) concludes that his/her interests lie contrary to the hospital (entity in question) or in other words the individual thinks someone within the entity was negligent, the hospital's (entity) attorney can and probably will, refuse to represent that individual for that attorney has the hospital's interest at heart and will not want to help prove any liability of the hospital.
All the more reason to have your own attorney present.
One thing of concern:The hospital's attorney can and probably will, refuse to represent that individual for that attorney has the hospital's interest at heart and will not want to help prove any liability of the hospital.
All the more reason to have your own attorney present.
How do you know when to hire an attorney? How do you find a reputable one?
Specializes in Education, FP, LNC, Forensics, ED, OB.
All liability carriers will advise one to contact them as soon as the individual is aware of a claim made and that they are named and/or needing to be questioned.
As for how to find an attorney? That's a question I probably cannot answer adequately. There are many legal links to find attorney's in your own area; word-of-mouth or other personal connections.
ohmeowzer RN, RN
2,306 Posts
get a lawyer and never go alone.. please tell us what happens