potential witness

Editorial Team / Admin · Sep 3, 2011

You should contact an attorney to get the proper answer. We cannot answer this question.

wildtulip · Sep 3, 2011

Thank you, I will contact an attorney, but I was wondering who has any kind of experience in this matter or advice as well.

xtxrn, ASN, RN · Sep 3, 2011

Thank you, I will contact an attorney, but I was wondering who has any kind of experience in this matter or advice as well.

This is from the state health dept? If so, it's probably some follow up to a complaint- or some problem that you may be clueless about.

Personally, I don't call attorneys whenever someone farts upwind :) I don't trust them to have my best interest in mind- just my bank account- and if this isn't a criminal situation about you, I can't understand why you'd need one. The majority of people do not have an attorney on retainer to ask about daily life as a healthcare employee. JMO. If it were a criminal situate with you as the defendant- then yeah- get an attorney. He/she will be interested in WINNING (whether or not you're innocent) and that will work in your favor :)

You could talk to your administrator and see what's up. He/she may not be able to help much if also being questioned, but could at least put your mind at ease about talking to them. And, won't cost you. The admin is invested in the facility- and won't want anything lousy about the facility getting out- including not cooperating with the state. IF the situation with the DON is flaky, the admin will also have a clue...the state (where I've worked anyway) doesn't just come into a facility and start chatting up the staff. They talk to the head cheese in charge and go from there. Evidently, whatever is going on, someone thinks you can help figure it out. It could be absolutely nothing.

I'd call the administrator first. Not sure how you can avoid the state, but start where you work- don't talk to the state without talking to someone with your company :) Don't talk about it with other co-workers (you don't know for sure what is going on and who all could be involved).

Or call an attorney- for what, I'm not sure. They just want to ask you questions- if it were the police, I'd think differently :)

FLArn · Sep 3, 2011

My response is always I'm sorry but I don't discuss anything related to my employment with anyone outside of the facility. If they want info from me badly enough they will sub peona me, then either my employer will provide me with an attorney or I will hire my own.

wildtulip · Sep 3, 2011

Thank you, that was very good advice!

I'm sure I am not in trouble myself, it's just I don't know what has been the cause and where it would go.

Anybody else has any thoughts on this too?

JustBeachyNurse, LPN · Sep 3, 2011

Do you have malpractice/liability insurance? If so call them, that's what they are there for

If this is the board of nursing, in my state you have a legal obligation to reply to an inquiry. However, the board of nursing would not make informal inquiries like a phone call, the BoN would send you a formal notice on letterhead with specific details as to what is expected of you.

I think FLArn has the best response, you have no way of knowing if it is an official inquiry via phone or a "fishing" expedition. Plus if they really want to speak with you, they should send you a formal written notice either directly to your home address or via your employer.

Whispera, MSN, RN · Sep 3, 2011

You don't even know if it was really an investigator from the state. People can say all sorts of things that aren't true over the phone. Never answer questions over the phone when someone cold-calls you.

mercurysmom · Sep 4, 2011

The one time I was involved in a state investigation (a CNA being investigated for pt. abuse after family called the LTC Ombudsman) the DON called me at home, and I went in for an interview the next day. From what I recall, a phone interview would have been scheduled and confirmed in writing, not a call out of the blue. Sure, this was before caller ID, but I doubt that protocol would have changed that much.

I agree with previous posters: don't say a thing, but nicely take down the caller's name and contact info, then call your DON immediately.

mm

MrChicagoRN, RN · Sep 4, 2011

You don't even know if it was really an investigator from the state. People can say all sorts of things that aren't true over the phone. Never answer questions over the phone when someone cold-calls you.

Definitely.

Tell them to contact you through your employer, or through US Mail, without giving them ANY other information at all. Or, they can give you a verifiable call back number. i.e.- you call the BON number, ask for Agent Smith, and they connect you to the investigator.

If you get anything in the mail, bring it to your employer, or your own attorney, as appropriate.

And for your own protection, don't discuss the particulars anywhere online.

Esme12, ASN, BSN, RN · Sep 4, 2011

I would talk to an attorney. I would tell my boss about the phone call. I would not answer any questioins over the phone with anyone.....and I wouldn't talk about it on a board.....:)