notice of trial - witness

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Specializes in ICU, CVICU.

I was just wondering if anyone has been called as a witness against a pt you took care of in a criminal trial? I have - for an alleged drunk driving accident (the DAs office told me). I don't remember this person in the slightest. I called the DA to see what exactly they want me from me(no response yet). Im assuming I took care of this guy. This seems wrong. My job is to take care of people, no matter why they are in the hospital. What do you all thinkof this in general? Will it just be me acknowledging what I charted? I mean, Im no expert!!

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I was just wondering if anyone has been called as a witness against a pt you took care of in a criminal trial? I have - for an alleged drunk driving accident (the DAs office told me). I don't remember this person in the slightest. I called the DA to see what exactly they want me from me(no response yet). Im assuming I took care of this guy. This seems wrong. My job is to take care of people, no matter why they are in the hospital. What do you all thinkof this in general? Will it just be me acknowledging what I charted? I mean, Im no expert!!

I would think they should direct all correspondence through your work-since you were an agent of your employer.

Not sure what your employer's take on this would be though.

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Also,

shouldn't you be allowed to view any charting that you may have done to make sure you really DID care for this person and when?

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I wouldn't just blindly go in. I would get some advice from someone, even if it is the legal counsel from the hospital, who will have the hospital's interests in mind. You should seek counsel for yourself. You don't want to inadvertently make yourself a taget by the individual or his family. Worth the effort on your part. Surprised the DA has not contacted you. Other than to advise you to seek legal advice, we can not give legal advice on this site per TOS, so hope you get someone who can give you a good idea of what to expect and how to protect your own interests in this.

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Specializes in ICU and EMS.

Contact your Risk Management Department. They should be able to provide guidance and be the go-between between you and the prosecutors. I'm sure they'd like to know that one of their employees is being pulled into court-- that's part of their job.

I have had to go to court as an EMT for drunk drivers. They usually want me to say if the person had been under the influence... I cannot answer that since I'm not trained to determine if someone is under the influence. I only care for and treat their symptoms. If the individual admitted to drinking ETOH, and I document that in my report in quotes, then they usually want me to verify that I wrote the report, and actually heard the individual admit to ETOH use.

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Specializes in 14 yrs ER, 1 yr psych.

Did u do a blood draw? If u did, they will want u to testify about that, to include the chain of custody. Gone to court several times for that, as I work in an ER

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Specializes in floor to ICU.

I have been involved in a video-taped deposition before. Didn't have to go to the courtroom though. it was done in our hospital.

Nerve racking! Got the summons at home late on a Friday with a guy asking me "Are you so-in-so the nurse?". After saying yes, he shoved the paper in my hand. I went all weekend not knowing anything. The patients family sued our hospital because the patient coded and died. He was non compliant with his malaria meds and was very sick. The patient coded on Christmas Day. I was (thankfully) called off that day due to low census so i was not present during the code. I had however taken care of him on Christmas Eve. I was allowed to re- read my nurses notes prior to the questioning. This was about 6 years after the fact. You always hear how important charting is. Unfortunatley, sometimes we are so darned busy with patient care that it takes a back seat and we are left scrambling 2 hours after your shift to recall everything in order to document. I was praying that I hadn't forgotten anything in my documentation because it was Christmas Eve and I am sure I had other things on my mind.

I gave my deposition but couldnt really remember anything about the patient (why charting is soooo important!). He was stable when I reported off.

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Specializes in Med/Surg, Neuro, ICU, travel RN, Psych.

Definitely talk to your risk management department. They will be able to direct you. As someone else said, being that you were working, they should help you out.

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Specializes in ICU, CVICU.

Thanks for the replies! I did already talk to risk management. Since it is a criminal case against the pt, it is not a hospital issue. It does not involve my nursing care at all - or so they said. I do not work ED, so did not draw BAL. And i was not issued a subpoenae (sp?) just the notice of trial.

I know I can't get legal advise here, I was just wondering opinions on the if it is really my responsibility to get this man convicted!

So I'll see when I talk to the DA. Im hoping when I say I have no idea who this man is, I can convince him it is pointless for me to be a witness. Ha! probably just wishful thinking!

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Do you carry any insurance? Even as a student nurse I signed up for insurance just in case something occurred as I know that the school and hospital would probably throw me under the bus so fast my head would spin!!!!!!!!

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Specializes in ICU, CVICU.

well my services are not needed! It was infact regarding a BAL blood draw. Told him "nope, don't do that." So he said I won't be called. Man, they need some help reading these charts!

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Good for you! Now back to your interrupted daily life! :)

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