Timeframe in being sued?

I don't know. But both times I was contacted about cases where we were being sued, the cases were over two years old. Very hard to remember anything. But the lawyer read back my documentation over the phone and the lightbulb went off "yeah, I remember now.............". Weird to hear a lawyer read a copy of your notes from several years ago. :)

It can also depend on statues of limitations or the time limits upon which one can file a a medical malpractice lawsuit. It can range from 1 to 3 years depending on the state in which it is filed and begins on the day one is injured, or on the day the injury is discovered.

One joy with pediatric/neonatal is that they (or their guardians) can file suit something like 2 years after they turn 21. My memory is definately not that good, I will need to rely on what I charted.

I have a deposition in 3 weeks on a case that happened 5 years ago...my last deposition was canceled but that was from a case 6 years prior...

I was contacted approximately one year after an incident occurred. It has made me very conscientious about my charting. After giving several depositions and testifying in the court trial--I decided I never wanted to be involved in a lawsuit again. Although I was not the defendant, I realized that it can become a blame game and if your charting is not what it should be you could become a party in the suit.

Does anyone know the average time between patient care and subpoena?

We are looking for information to tell our staff explaining the importance of charting to jog one's memory at time of deposition.

It depends, as someone said, on the limitations set by your state. But good for you for talking about this- good charting is essential when lawsuits happen years later- I know it helped me when I had to give a deposition about something that happened several years previously- I was really glad I had charted thoroughly on that patient!

Hi!!

In class last week my prof. (who was an L&D nurse for 15 years prior to obtaining her PHD) told us that 21 years ago when she first started out in L&D she had to make one of those very hard ethical decisions...well, she technically could have lost her liscence over it and was very upset....it had to do with a cesearin section and informed consent....she consulted a lawyer and was advised that the gaurdians or the child can still sue her up to 21 years after the incident....she says this september will mark the 21 yr line for her.

A friend of mine (a pediatrician) lost a case because his office staff didn't chart adequately that the 2 or 3 year old child in question had

(!). never been seen for any well baby checks.

(2) had not had the newborn testing for metabolic disorders

(3) that the mother had been advised to follow through with well baby followups, immunizations, etc.

The mother came back a few years later, sued and won because her child was hypothyroid, with all the attendant problems.

The child was being seen in the Dr.s office for the first (and last) time for an ear infection and was, of course, lethargic. Difficult to diagnose cretinism under those circumstances.

It's good to see that you're emphasizing the importance of adequate charting.

Timeframe in being sued?

Does anyone know the average time between patient care and subpoena?

We are looking for information to tell our staff explaining the importance of charting to jog one's memory at time of deposition

I remember something from my Medical Ethics class about a certain amount of years after the first symptoms are identified...there was an exception for children. Varies state to state. So if you have a treatment done, and 1 year later you have symptoms that are not part of the side effects that were identified, you can see a lawyer and the clock for statute of limitations clicks then...

Here is an explanation for the state of FL...just googled it.

http://www.floridamalpractice.com/med2.htm