Need tips...meeting attorney re: pt liabilty case

Nurses General Nursing

Published

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?

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.
Would that include questioning as was described here, where the person is (apparently) not likely to be named in the suit?
Up Vote Up Vote ×
Specializes in Education, FP, LNC, Forensics, ED, OB.
Would that include questioning as was described here, where the person is (apparently) not likely to be named in the suit?

From NSO:

If you have been contacted in regard to a lawsuit, or you suspect that you may be contacted in the future, it is important to contact us immediately so that we can proceed in your defense, if necessary.
Up Vote Up Vote ×
Nurses nor CNA's should chart anything that is said unless the patient said it.

i've heard both sides and i've yet to receive a clear answer.

i have charted what docs have directly said to me.

of course there are going to be those who are appreciative in what you don't chart: esp if it makes one of the vip's look bad.

but how does a nurse protect him/herself if a doctor won't intervene, says something very incriminating and it looks like the nurse didn't respond appropriately?

i've always charted contents of a conversation.

but if anyone has a source citing something different, i'd love to read it.

leslie

eta: siri, what type of atty do you think is preferable?

employment atty or nurse atty?

Up Vote Up Vote ×
Specializes in Emergency, Trauma.

I disagree with most, I would not be worried at this point....when a pt sues the hospital, HR, hosp. attorney, and/or Risk Management speak to everyone whose name is on the chart, no matter how insignificant that interaction may have been. (I have been called down to speak with Risk Management and hosp. attorney when my only interaction with the patient had been doing an EKG on a previous visit, not even the visit the pt was suing over) I'm in the ER, and have been called down to speak about several cases. A copy of the chart has always been given to me to review (while right there in same room with questioners) before any questions are asked. It sounds like they are in the information gathering stage if this is the first you have heard about it, and no specific pt or incident is sticking out in your mind. Sometimes the case has actually occurred several months to years ago. (I've been being subpeonaed on the same case ( I drew a legal blood alcohol level on a pt) for almost two years now, the case keeps getting rescheduled.

However, if you go down there and the questioning seems to focus on a specific aspect of the care you provided, or implies that you have done something wrong, then I would ask for my own representation prior to answering anything further. Relax, if this is a specific issue about you, you would have heard about it from your nurse manager by now.

Up Vote Up Vote ×
Specializes in Education, FP, LNC, Forensics, ED, OB.
eta: siri, what type of atty do you think is preferable?

employment atty or nurse atty?

My opinion as it relates to professional experience: One should seek an attorney with experience in health law. Nurse Attorneys are excellent choices when dealing with nursing-related issues.

The key is "the experienced" attorney who is focused on the individual's interests.

Up Vote Up Vote ×

I really think you just need to relax beth...I have given many depositions over the last 20 years in nursing and as a paramedic. I have even given depo's in federal court on cases. The meeting wioth the attorney may just be a preliminary meeting. A fact finding meeting before they even issue subpeona. I would walk in there with an open mind and realize thay they are just trying to get information. They are not trying to fix bklame at this point. That is what the judge and jury part of a trial is for. Also you can honsetly say I do not remember if you do not. Do not try and look like you are trying hard to remember anything. This happened 4 years ago. You would not be expected to remember everything. Plus the hospital will NOT hang you out to dry even if you screwed up(and I am not saying you did). It is in the hospitals best intrest to make you look like a cross between Mother Theresa and Florence Nightengale.

On another point do not worry if you find you missed charting something like a bath or even a diaper change. They can only sue on the things that relate DIRECTLY to the incident in question. If there is something that happened 4 days before the incident and has no bearing on the incident itself they cannot bring it up in court nor can they question you on it. I know this from both the depo's I have given and the fact I dated a mal practice lawyer for a couple of years. Even her advice to me was not to use my own lawyer let the hospital foot the bill for the lawyer. He will be defending you as you are acting as an agent of the hospital while you are working for the hospital.

Just relax and do not worry.

Up Vote Up Vote ×

Thanks everyone for your replies. My hr is now down to 110 from 160 :)

I'm going to wait after the meeting on Fri before I decide to hire an attorney.

I'll let you know what happens.

Up Vote Up Vote ×

I am not offering legal advice but I found these guidelines helpful when I gave depos...

Let them completely finish their sentence before you answer. Count to 3 slowly --tap your fingers slowly on your knee 3 times before you answer. This gives you time to think and keeps you from blurting out an answer.

If you need more time to think, as them to repeat the question.

If you don't know the answer--tell them you don't know. Don't attempt to guess or assume what happen.

Stick to the facts--never offer an opinion.

If you need a break, tell them you are taking a break. Go to the bathroom, get a drink of H20.

Now you know what it like to be chum in the middle of the sea...the sharks will circle...:trout:

Up Vote Up Vote ×

Siri, or anyone, can you recommend a reputable co?

Up Vote Up Vote ×
Specializes in Education, FP, LNC, Forensics, ED, OB.

Have always used NSO. Others may have suggestions, too.

www.nso.com

You can receive free online quotes.

Good luck, bethy.

Up Vote Up Vote ×
Specializes in ICU;CCU;Telemetry;L&D;Hospice;ER/Trauma;.

DO NOT GO TO A MEETING /DEPOSITION/DISCOVERY, without counsel...

I repeat....do not go to a meeting, deposition, discovery without counsel...

The fact that the facility is not divulging to you what your purpose is in going says ALOT.....

YOU ARE NOT REQUIRED TO GO FOR DEPOSITION UNLESS A COURT HAS ORDERED YOU TO DO SO....ie, the matter is before a judge...if your presence is so required, let them subpeona you, and have you swear under oath....THAT WAY YOU HAVE AN ATTORNEY WHO CAN SUPPORT YOUR ANSWERS.....

grilling you in "secret" is the sneaky bastard way of trying to hang blame on someone, ie you....DON"T GO THERE....EVER!

Unless and until the facility sends me a written invitation to speak about what I saw, did, or didn't do, I don't go....they have to spell it out in writing and have it signed by a judge and have me served with a subpeona....that way, it get's RECORDED in a court room, or by a court reporter, and becomes part of the court record....which is mighty important down the line.....it cannot be used against you then....what you say off record, can be used against you....because the oppositional attny. can and will twist your words or actions....

get counsel...and make sure you are clear on your purpose as to why you are being asked to "meet with them".....

this kind of lynching makes me sick...ugh.

Up Vote Up Vote ×

grilling you in "secret" is the sneaky bastard way of trying to hang blame on someone, ie you....DON"T GO THERE....EVER!

agree

Up Vote Up Vote ×
+ Add a Comment