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The Attorney Wants to Take My Deposition
The Attorney Wants to Take My Deposition j Lorie A. Brown, JD, MN, RN Katie, a registered nurse, was finishing her shift in radiology imaging when her supervisor came to her and asked if she would stop by administration on her way out. Katie was shocked. She could not understand what administration would want to talk to her about. Was she in trouble? Was she getting fired? She collected her things to go home and as requested, went to administration. There she was taken into a room along with her supervisor, the director of nursing, and a man in a suit who she did not know. The man introduced himself as the attorney for the hospital. Now Katie was getting scared! She could not imagine why her supervisor, the director of nursing, and the lawyer in the black suit wanted to speak with her. Surely, she was going to be fired. But, Katie had no idea what she might have done wrong. The attorney broke the ice by saying that 3 years earlier she had started an intravenous line (IV) on a man to give contrast and that man had now filed a lawsuit against the hospital claiming he has been suffering from phlebitis and a serious neurological injury in his arm where the IV had been started. He also claimed that the tourniquet that was applied was too tight and left on too long, which caused injury. Katie was stunned; 3 years later and she is just finding out about this. She had always been a good nurse and could not believe this was happening to her. The attorney then told Katie that the patient’s attorney would like to take her deposition. “A deposition?” Katie thought, “What in the world is a deposition?” The attorney said a deposition in a matter like this is when the patient’s attorney gets to discover the facts in the case by asking questions to witnesses under oath. The witnesses’ responses are taken down by a
Lorie A. Brown, JD, MN, RN, Nurse Attorney with Brown Law Office, PC, Indianapolis, IN. Corresponding author: Lorie A. Brown, Brown Law Office, PC, Indianapolis, IN. E-mail: [email protected] J Radiol Nurs 2015;34:160-161 1546-0843/$36.00 Copyright Ó 2015 by the Association for Radiologic & Imaging Nursing. http://dx.doi.org/10.1016/j.jradnu.2015.02.003
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court reporter. The attorney added, “I will be there to object to anything that I don’t think is proper.” The date for the deposition was set, and Katie left with her head reeling. When she arrived home, she looked for her malpractice insurance policy. She said, “Maybe they can help me with this situation.” Katie called her malpractice insurance carrier and was told that she could have her own attorney attend the deposition with her if she so chooses. She wanted her own attorney, and her malpractice insurance carrier said that they would have an attorney contact her soon. Several days later, Katie received a call from a nurse attorney. A nurse attorney is both a registered nurse and an attorney and therefore has expertise in both fields. Katie had no idea there was such a person as a nurse attorney. However, not only did she learn that nurse attorneys are out there to help but also there is a national organization called The American Association of Nurse Attorneys (TAANA). Katie scheduled a time to meet with the nurse attorney to discuss the matter and to get professional guidance on the upcoming deposition. The thought of a deposition just turned Katie’s stomach. She had no idea what these attorneys wanted to ask her or what they wanted to know. And what is more, she did not even remember the patient. Katie’s attorney was able to get the patient’s chart. Katie’s charting was no help. She did not chart how long the tourniquet had been on, and the patient is claiming she left the tourniquet on too long. Katie thought “I am in a no win situation.” She did not remember the patient, and her charting did not help her. Katie also did not make any notes about when she removed the IV and what the site looked like, and the patient was now claiming he had phlebitis. Katie’s own nurse attorney sat her down and explained to her that a deposition is a conversation under oath and talked about everything she should expect, even the questions that may be asked. She will be there and the patient’s attorney, the attorney for the hospital, and the court reporter. Although it seems somewhat informal, she should dress professionally and take the process very seriously. Part of that seriousness is in how Katie presents herself during the deposition. To help her along, the nurse
www.radiologynursing.org
SEPTEMBER 2015
My Upcoming Deposition
JOURNAL OF RADIOLOGY NURSING
attorney provided Katie with a number of things to keep in mind during the deposition: 1. Always tell the truth. 2. Be serious! Avoid any humor or telling jokes. 3. There is no such thing as “off the record.” Everything is documented. The other attorney is observing you from the second you walk into the room and listening to every word you say. 4. You will be asked if you have been involved in other malpractice actions or criminal matters. 5. You will be asked about your professional background including your previous jobs and why you left those positions. 6. Know your hospital’s policies and procedures. You may be asked about these. 7. Because you are testifying under oath, everything you say must be true. Do not guess, speculate, or assume. 8. Make sure you understand the question before you respond. 9. Think about your answer and take your time answering. This gives your attorney time to object if needed. 10. If there is an objection to a question, listen carefully as there may be some clues on how to handle your response. 11. Answer each question accurately but as briefly as possible. 12. If information is in a document, ask to see it before answering any question about it. 13. You do not need to explain your thought process as to how you reached your answer . just give your answer. 14. Do not say “uh-huh” or “uh-uh.” Answer with a “yes” or a “no.” The court reporter has trouble taking these down. Also respond audibly rather than shaking your head as the court reporter cannot transcribe gestures. 15. It is okay to say “I don’t recall.” 16. Be careful of using either of these terms: “I never .” or “I always .” or any absolutes. 17. You do not need to tell the attorney everything you know and, by all means, do not try to convince the opposing attorney that you did the right thing. Just answer the question: “yes,” “no,” or “I don’t recall.” Keep it short, sweet, and to the point. 18. If you make a mistake, you will be able to correct it. If you do make a mistake while you are still on the record, ask for a break. During that break, consult with your attorney. After the deposition, you will have the opportunity to read and sign your transcript of the deposition. You may be able to correct mistakes in your deposition at that time. 19. If you are finished with your answer, do not expand on it. Just let there be silence. VOLUME 34 ISSUE 3
Brown
20. If there is silence, it is all right. Do not fill in the silence. 21. It may be confusing if you do not know or do not remember, be sure to be specific which one it is. If you do not know means you never had knowledge. If you do not recall, it means you had forgot. Either answer is acceptable. 22. Do not box yourself in. If the attorney says “Is that all you did?” then answer “That’s all I recall at this time.” 23. Do not let the attorney put words in your mouth. Feel free to rephrase the question of your own using your own words. 24. Do not argue with the other attorney. 25. If the attorney does not ask the right question, he will not get the right answer. 26. If you suddenly remember something, ask to take a break and, during that time, talk to your attorney. 27. If you are asked if you talked to anyone about your testimony, be truthful. Katie’s nurse attorney then went on to give Katie some encouragement. She said the case will not be won or lost just by the deposition. She reminded Katie that she is in charge and just ask for a break at any time. She has more knowledge than anyone else in the room. That is why she is being deposed. “They want to learn what you know.” It is natural to go in feeling intimidated because we nurses are going into a legal environment. It is like attorneys going into the operating room to work. Just know that you are the star of the show and you have superior knowledge. You can call the shots. You can ask for a break at any time. When it came time for her deposition, Katie walked in feeling secure with her knowledge and with what she charted. Although there were things that she would have liked to have documented, she knew she followed hospital policies in her documentation and charted what other nurses normally chart in these types of situations. Katie also felt confident that she was in charge during the deposition and had superior knowledge. When it was finally over, she was relieved that it was done but was proud that she had withstood the questioning posed by the other attorney and successfully completed her deposition. For a nurse to face an upcoming deposition can be a daunting cause for anxiety but, with proper preparation and expert assistance from an attorney or a nurse attorney, mixed with the nurse’s own self-confidence; it can be handled and presented in a way that ends with a sense of accomplishment. Suggested Reading Law and order for nurses: The easy way to protect your license and your livelihood. (2014). Retrieved from http://www. nso.com/nursing-resources/deposition-preparation-video.jsp.
www.radiologynursing.org
161
Lorie A. Brown, JD, MN, RN, Nurse Attorney with Brown Law Office, PC, Indianapolis, IN. Corresponding author: Lorie A. Brown, Brown Law Office, PC, Indianapolis, IN. E-mail: [email protected] J Radiol Nurs 2015;34:160-161 1546-0843/$36.00 Copyright Ó 2015 by the Association for Radiologic & Imaging Nursing. http://dx.doi.org/10.1016/j.jradnu.2015.02.003
160
court reporter. The attorney added, “I will be there to object to anything that I don’t think is proper.” The date for the deposition was set, and Katie left with her head reeling. When she arrived home, she looked for her malpractice insurance policy. She said, “Maybe they can help me with this situation.” Katie called her malpractice insurance carrier and was told that she could have her own attorney attend the deposition with her if she so chooses. She wanted her own attorney, and her malpractice insurance carrier said that they would have an attorney contact her soon. Several days later, Katie received a call from a nurse attorney. A nurse attorney is both a registered nurse and an attorney and therefore has expertise in both fields. Katie had no idea there was such a person as a nurse attorney. However, not only did she learn that nurse attorneys are out there to help but also there is a national organization called The American Association of Nurse Attorneys (TAANA). Katie scheduled a time to meet with the nurse attorney to discuss the matter and to get professional guidance on the upcoming deposition. The thought of a deposition just turned Katie’s stomach. She had no idea what these attorneys wanted to ask her or what they wanted to know. And what is more, she did not even remember the patient. Katie’s attorney was able to get the patient’s chart. Katie’s charting was no help. She did not chart how long the tourniquet had been on, and the patient is claiming she left the tourniquet on too long. Katie thought “I am in a no win situation.” She did not remember the patient, and her charting did not help her. Katie also did not make any notes about when she removed the IV and what the site looked like, and the patient was now claiming he had phlebitis. Katie’s own nurse attorney sat her down and explained to her that a deposition is a conversation under oath and talked about everything she should expect, even the questions that may be asked. She will be there and the patient’s attorney, the attorney for the hospital, and the court reporter. Although it seems somewhat informal, she should dress professionally and take the process very seriously. Part of that seriousness is in how Katie presents herself during the deposition. To help her along, the nurse
www.radiologynursing.org
SEPTEMBER 2015
My Upcoming Deposition
JOURNAL OF RADIOLOGY NURSING
attorney provided Katie with a number of things to keep in mind during the deposition: 1. Always tell the truth. 2. Be serious! Avoid any humor or telling jokes. 3. There is no such thing as “off the record.” Everything is documented. The other attorney is observing you from the second you walk into the room and listening to every word you say. 4. You will be asked if you have been involved in other malpractice actions or criminal matters. 5. You will be asked about your professional background including your previous jobs and why you left those positions. 6. Know your hospital’s policies and procedures. You may be asked about these. 7. Because you are testifying under oath, everything you say must be true. Do not guess, speculate, or assume. 8. Make sure you understand the question before you respond. 9. Think about your answer and take your time answering. This gives your attorney time to object if needed. 10. If there is an objection to a question, listen carefully as there may be some clues on how to handle your response. 11. Answer each question accurately but as briefly as possible. 12. If information is in a document, ask to see it before answering any question about it. 13. You do not need to explain your thought process as to how you reached your answer . just give your answer. 14. Do not say “uh-huh” or “uh-uh.” Answer with a “yes” or a “no.” The court reporter has trouble taking these down. Also respond audibly rather than shaking your head as the court reporter cannot transcribe gestures. 15. It is okay to say “I don’t recall.” 16. Be careful of using either of these terms: “I never .” or “I always .” or any absolutes. 17. You do not need to tell the attorney everything you know and, by all means, do not try to convince the opposing attorney that you did the right thing. Just answer the question: “yes,” “no,” or “I don’t recall.” Keep it short, sweet, and to the point. 18. If you make a mistake, you will be able to correct it. If you do make a mistake while you are still on the record, ask for a break. During that break, consult with your attorney. After the deposition, you will have the opportunity to read and sign your transcript of the deposition. You may be able to correct mistakes in your deposition at that time. 19. If you are finished with your answer, do not expand on it. Just let there be silence. VOLUME 34 ISSUE 3
Brown
20. If there is silence, it is all right. Do not fill in the silence. 21. It may be confusing if you do not know or do not remember, be sure to be specific which one it is. If you do not know means you never had knowledge. If you do not recall, it means you had forgot. Either answer is acceptable. 22. Do not box yourself in. If the attorney says “Is that all you did?” then answer “That’s all I recall at this time.” 23. Do not let the attorney put words in your mouth. Feel free to rephrase the question of your own using your own words. 24. Do not argue with the other attorney. 25. If the attorney does not ask the right question, he will not get the right answer. 26. If you suddenly remember something, ask to take a break and, during that time, talk to your attorney. 27. If you are asked if you talked to anyone about your testimony, be truthful. Katie’s nurse attorney then went on to give Katie some encouragement. She said the case will not be won or lost just by the deposition. She reminded Katie that she is in charge and just ask for a break at any time. She has more knowledge than anyone else in the room. That is why she is being deposed. “They want to learn what you know.” It is natural to go in feeling intimidated because we nurses are going into a legal environment. It is like attorneys going into the operating room to work. Just know that you are the star of the show and you have superior knowledge. You can call the shots. You can ask for a break at any time. When it came time for her deposition, Katie walked in feeling secure with her knowledge and with what she charted. Although there were things that she would have liked to have documented, she knew she followed hospital policies in her documentation and charted what other nurses normally chart in these types of situations. Katie also felt confident that she was in charge during the deposition and had superior knowledge. When it was finally over, she was relieved that it was done but was proud that she had withstood the questioning posed by the other attorney and successfully completed her deposition. For a nurse to face an upcoming deposition can be a daunting cause for anxiety but, with proper preparation and expert assistance from an attorney or a nurse attorney, mixed with the nurse’s own self-confidence; it can be handled and presented in a way that ends with a sense of accomplishment. Suggested Reading Law and order for nurses: The easy way to protect your license and your livelihood. (2014). Retrieved from http://www. nso.com/nursing-resources/deposition-preparation-video.jsp.
www.radiologynursing.org
161