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Subpoena Summons

School   (640 Views | 13 Replies)
by seedanurse seedanurse (New) New Nurse

seedanurse has 6 years experience and specializes in School Nurse.

143 Profile Views; 6 Posts

Hello, I'm sorry to bring up the same'ish topic twice, but am having trouble obtaining guidance at work.  

I have received a subpoena to testify regarding two students, in relation to a custody battle. The summons also requires me to produce documents or objects including electronic information. This is the first subpoena I have ever received.

My admin is telling me that I do not need to talk to the district lawyer, I will not have legal representation during the subpoena questioning and they are not advising me as to which documents to provide. 

I feel stuck between a rock and a hard place, I HAVE to answer the summons obviously, but do not want to appear unprepared or unsure of how to answer. Perhaps it is routine, and I honestly do not have any information for them, other than number of visits and my nurse notes, but I am still concerned at the lack of apparent interest on the school's part. 

Is this when I contact my professional liability coverage plan and ask for advice? Do I push back to the district and say I need representation? Go answer the questions and just let the chips fall where they may?  I'm feeling frustrated by the lack of work support and am grateful for you all's advice 🙂 

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BrisketRN has 4 years experience as a BSN, RN.

684 Posts; 2,754 Profile Views

I'd contact professional liability coverage plan and ask for advice.  Perhaps they can get someone to talk to your admin.  By admin do you mean your principal? Superintendent? I'd go as high up as possible.

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Csn2016 has 14 years experience as a BSN and specializes in Emergency Medicine, Women's Health,School Nursing.

87 Posts; 1,500 Profile Views

are you the only one involved in this?  I would assume teachers are being subpoenaed as well too for information?  I know this happens frequently with students involved with serious C& Y cases and basically we print out what ever records they request and wait to hear if we have to testify (typically in the past the nurse has never had too...only once because it was a serious neglect case with multiple health office visits.)  If its against your nursing license thats a whole other issue but it sounds like they are just trying to get all the documentation the school may have on the students?  I could be totally misunderstanding 

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SchoolNurse91 has 8 years experience as a BSN, RN and specializes in School Nursing.

134 Posts; 2,288 Profile Views

1 minute ago, BrisketRN said:

I'd contact professional liability coverage plan and ask for advice.  Perhaps they can get someone to talk to your admin.  By admin do you mean your principal? Superintendent? I'd go as high up as possible.

I second this. Have you spoke to the district's attorney yourself? 

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CanIcallmymom has 4 years experience.

381 Posts; 1,106 Profile Views

I mean, the only documentation you will really have will be any med orders for the student, their visit log, and any vaccines. That's all I would think you will need. I wouldn't worry too much. This isn't about you as a nurse, so I don't see how your liability coverage would help--but I suppose they might.

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5 Followers; 37,388 Posts; 100,244 Profile Views

If you have questions about this process, and it appears that you do, then you need to seek legal counsel, your legal counsel.  We are not allowed to give legal advice on this site, other than to advise you to seek legal advice.  I certainly would not enter any deposition situation without having spoken to an attorney first, or better yet, having my own attorney present for the deposition.  JMO

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CanIcallmymom has 4 years experience.

381 Posts; 1,106 Profile Views

And honestly, I don't see why admin keeps advising you NOT to contact the district attorneys. That is fishy.

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1,240 Posts; 7,996 Profile Views

7 minutes ago, CanIcallmymom said:

And honestly, I don't see why admin keeps advising you NOT to contact the district attorneys. That is fishy.

Agreed. The students' only contact with you is in the school, this is literally why districts have attorneys. 

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Flare is a ASN, BSN and specializes in school nursing, ortho, trauma.

2 Followers; 5 Articles; 4,201 Posts; 35,659 Profile Views

are you in the union?  If so contact your union rep ASAP.  They may insist you have legal counsel and pay for it.  

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OyWithThePoodles has 10 years experience as a RN and specializes in Med-surg, school nursing..

1 Follower; 1,313 Posts; 12,290 Profile Views

I've gotten one for a custody case before. Our district attorney called the lawyer and let them know that I would not be attending since it wasn't a CPS or state case. 

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seedanurse has 6 years experience and specializes in School Nurse.

6 Posts; 143 Profile Views

I was told not to contact the lawyer by my principal. Instead I spoke w her supervisor who was mad a ME for not telling my principal sooner or sending the subpoena to a higher up.  Uuuugh, I did that the moment I received the papers! The admin cannot get organized, and I get a different answer from everyone. 

If I don't hear back from our director today I will contact my liability coverage and see what they can do. Not a member of the union. 

Thank you for the help everyone!

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OyWithThePoodles has 10 years experience as a RN and specializes in Med-surg, school nursing..

1 Follower; 1,313 Posts; 12,290 Profile Views

19 hours ago, seedanurse said:

I was told not to contact the lawyer by my principal. Instead I spoke w her supervisor who was mad a ME for not telling my principal sooner or sending the subpoena to a higher up.  Uuuugh, I did that the moment I received the papers! The admin cannot get organized, and I get a different answer from everyone. 

If I don't hear back from our director today I will contact my liability coverage and see what they can do. Not a member of the union. 

Thank you for the help everyone!

It sounds like your admin is the type that you need to follow up with email after telling them in person, to CYA. 

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