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

Nurses General Nursing

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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?

Specializes in OB, NP, Nurse Educator.

When I had to give a deposition this is what the hospital attorney said to me: Do NOT offer ANY information that they do not ask for. Do not elaborate without asking to confer with me.

If you are unsure or do not remember say "I have no independent recollection of that at this time."

Don't talk to anybody without an attorney there.

Good luck!

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First of all, take a deep breath and relax. They are just investigating at this point and obtaining information. Be honest, if you don't specifically remember something, just say that you don't remember. You are probably a witness to this case. If you had been named as a plaintif, you'd have been served by now. If you need to give a deposition (where they ask you questions under oath in front of a court reporter) the hospital will have an attorney for you. Do not volunteer information, generally a "yes" or "no" answer will suffice. (Example, if they ask you if you know what time it is, the answer is "yes", NOT 2:00 pm.) I wouldn't notify (if you have it) at this point unless you yourself are named in the lawsuit. A lot of these things settle and never even make it to a court room. More than likely, you have nothing to worry about.

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Horrible. Actually, horrible would be an understatement.

Attorney was nice. But I what I had to say in front of HR will not get me any points. But I had to tell the truth. I know legally they can't fire me for what I said but that doesn't comfort me.

Oh, and they refuse to settle so guess who's number 2 on the witness list behind the RN? Me.

I felt so horrible afterwards that I saw a new shiny $60,000 Lexus sitting in a car lot and test drove it with absolutely no intention of buying. I still don't feel better.

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

well at least you handled your stress in a positive way!! big girls always hit the mall....heck you hit the luxury car lot!! I love that! and ....thank goodness you kept all the bumpers intact!

The further I have gotten to know the inner workings of lawyer-dom....or dumb lawyers....whatever floats yer boat, I like them less and less....

In order to be a good one, it seems, you have to be willing to lie.....and that tends to rub most nurses the wrong way.....since most of us perform our jobs daily entirely on the honor system....

I like our profession a whole lot better!!

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First of all, take a deep breath and relax. They are just investigating at this point and obtaining information. Be honest, if you don't specifically remember something, just say that you don't remember. You are probably a witness to this case. If you had been named as a plaintif, you'd have been served by now. If you need to give a deposition (where they ask you questions under oath in front of a court reporter) the hospital will have an attorney for you. Do not volunteer information, generally a "yes" or "no" answer will suffice. (Example, if they ask you if you know what time it is, the answer is "yes", NOT 2:00 pm.) I wouldn't notify malpractice insurance (if you have it) at this point unless you yourself are named in the lawsuit. A lot of these things settle and never even make it to a court room. More than likely, you have nothing to worry about.

It's possible a suit hasn't been filed yet, hence no court service or subpoena.

An attorney for the hospital has the hospital's interest at heart, not the employee's interest.

CYA

The hospital won't do that for you.

Megan

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Specializes in OB, M/S, HH, Medical Imaging RN.
Horrible. Actually, horrible would be an understatement.

Attorney was nice. But I what I had to say in front of HR will not get me any points. But I had to tell the truth. I know legally they can't fire me for what I said but that doesn't comfort me.

Oh, and they refuse to settle so guess who's number 2 on the witness list behind the RN? Me.

I felt so horrible afterwards that I saw a new shiny $60,000 Lexus sitting in a car lot and test drove it with absolutely no intention of buying. I still don't feel better.

I'm sorry Bethy. Saying they won't settle out of court is very common, practically expected. Which attorney did you talk to? The attorney for the other side?

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I'm sorry Bethy. Saying they won't settle out of court is very common, practically expected. Which attorney did you talk to? The attorney for the other side?

I talked to the hospital's attorney and she was very nice and patient while I explained what happened.

Next week is the official deposition. I'm not nervous but again I'm worried because what I say does not look kindly on certain people.

I did get to look at the pt's chart - while I was talking to the attorney so it was hard to concentrate. I didn't chart much but I looked at the nurse's notes and what was written contradicts my memory. I'm going to ask to speak to her in private before the deposition and I'm calling HR Monday to see if I can look at her file again.

It was a conference call but I was chided by HR for not dressing appropriately. I wore brown dress slacks, a white dress shirt and brown heels. Oh, and small diamond studs. What, they want me to show up in a bridesmaid gown??

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Specializes in OB, M/S, HH, Medical Imaging RN.
Next week is the official deposition. I'm not nervous but again I'm worried because what I say does not look kindly on certain people.

All you can do is tell the truth and if it doesn't look good on someone else then that has to be their responsibility, you're doing the right thing. I'm proud of you.

It was a conference call but I was chided by HR for not dressing appropriately. I wore brown dress slacks, a white dress shirt and brown heels. Oh, and small diamond studs. What, they want me to show up in a bridesmaid gown??

Sounds very appropriate to me. Business dress for business type meeting. I agree.

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Specializes in icu, er, transplant, case management, ps.

I have testified at several criminal as well as civil suits. The advice I received during my prep time, answer yes or no, don't volunteer any information, count to three before answering to give the attorney representing you, time to offer objects, if you do not remember, state you do not remember. I always had access to my files before court and reviewed them.

Dress neatly and appropriately. Do not go heavy on the make-up. Don't wear blood red nail polish, clear is the best.

Woody:balloons:

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Specializes in Post Anesthesia.

Does your hospital have a "risk management department"? I think a meeting with them is the first phone call I'd make. Next- I would look into getting your own attorney. I few hendred dollars could make a world of difference in how you are treated. Good luck- It may not be bad at all- just reviewing the facts. I know 2 nurses who have been in that situation and have had one meeting with the hospital attorney myself. It largely consisted of verifying the facts in the chart. A word of advise- this is no time for opinions or feelings. "I think..." should never be in your deposition. Just the facts as you remember them and recorded them. If you are unclear don't guess- "I don't recall" is a much less damning answer than one that contradicts the record or another persons testamony. Honesty is always the best policy in this situation but offer no more than they ask. Most of all try to take it in stride- Are you a good nurse? Do you give safe care? In todays America a lawsuit is some peoples answer to retirement planning. If you work long enough this is bound to happen to you or someone you know. Nurses have shallow pockets compaired to docs and hospitals. I doubt you are at much risk. Last word, I get liability ins. through my homeowners policy. It's only a couple of dolars a mos. but it gives me piece of mind.

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Specializes in ED, ICU, PACU.

I did get to look at the pt's chart - while I was talking to the attorney so it was hard to concentrate. I didn't chart much but I looked at the nurse's notes and what was written contradicts my memory. I'm going to ask to speak to her in private before the deposition and I'm calling HR Monday to see if I can look at her file again.

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For your sake, please don't talk to the nurse in private-you don't want to be accussed of possible collusion. Imagine this at the deposition: "Did you discuss this matter with nurse X after you met with the hospital attorney over this matter?" "What did you talk to her about?" As others have said, just be honest. If what was written contradicts your memory of the event, say just that. Remember that you were seeing it from a different perspective than the nurse & that can account for the difference. Another possibility is that the nurse was trying to cover her a**, or is trying to cover up for the doctor. Basically, all I am trying to say is that you don't know what is going on behind the scene & anything you do or say can & will be used against you if it will benefit your employer. Another thing, this was (I think you said) 4 years ago-all memories will fade in that time. All you can say is that this is what you think you remember: &, because it wasn't much of an issue when it actually happened, you went on with your life/work and built new memories. So, even what you think you remember, are you 100% sure it is a complete and true memory, or just pieces of things that occurred 4 years ago? Only the things you are 100% sure of, are the things you should talk about-the rest should be answered with: "I don't fully recall" PERIOD

Good Luck to you & remember to look out for yourself at all times during this thing.

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I did get to look at the pt's chart - while I was talking to the attorney so it was hard to concentrate. I didn't chart much but I looked at the nurse's notes and what was written contradicts my memory. I'm going to ask to speak to her in private before the deposition and I'm calling HR Monday to see if I can look at her file again.

QUOTE]

For your sake, please don't talk to the nurse in private-you don't want to be accussed of possible collusion. Imagine this at the deposition: "Did you discuss this matter with nurse X after you met with the hospital attorney over this matter?" "What did you talk to her about?" As others have said, just be honest. If what was written contradicts your memory of the event, say just that. Remember that you were seeing it from a different perspective than the nurse & that can account for the difference. Another possibility is that the nurse was trying to cover her a**, or is trying to cover up for the doctor. Basically, all I am trying to say is that you don't know what is going on behind the scene & anything you do or say can & will be used against you if it will benefit your employer. Another thing, this was (I think you said) 4 years ago-all memories will fade in that time. All you can say is that this is what you think you remember: &, because it wasn't much of an issue when it actually happened, you went on with your life/work and built new memories. So, even what you think you remember, are you 100% sure it is a complete and true memory, or just pieces of things that occurred 4 years ago? Only the things you are 100% sure of, are the things you should talk about-the rest should be answered with: "I don't fully recall" PERIOD

Good Luck to you & remember to look out for yourself at all times during this thing.

I wasn't clear - I want to speak to the hospital's attorney in private before the deposition.

What I highlighted is what I'm having a problem with. I'm having a hard time deciding what happened and what was rumors. Thus, I'll be saying alot of "I don't recall".

My gut: something is going on behind the scenes.

I remember vividly the md's conversation and I will NOT lie about that. They can fire me but I will not lie. To me, this is serious, a young woman is dead, she had kids and a husband. I'm not implying we were negligent as I would feel this way about anyone.

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