Sitting at the table working on my laptop, my cell phone rang. I answered, and the caller introduced themselves as "so and so from so and so."
Little did I know that this phone call would be a pivotal moment in my career as a nurse.
The caller informed me that I was being deposed and inquired about my availability for preparation.
As the words sank in, my heart seemed to plummet to the pit of my stomach.
I couldn’t help but think, "What the fudge?" (Although I’m sure you can imagine I used a different word.)
I provided my availability, and then came months of anticipation, during which I couldn’t help but wonder what I had done to warrant this deposition.
The caller clarified that this deposition wasn’t directly about me.
Still, as the Director of Nursing (DON) at the time, I was required to be a witness.
For those unfamiliar with the process, a nurse—no matter their role or dedication—can be called upon for a deposition at any time.
It could be triggered by a family or resident complaint or even a legal case where the quality of care in nursing homes is questioned.
The truth is, we don’t wake up every morning to do a "crappy" job; we adhere to the nurse's code of ethics.
What is a Deposition?
A deposition is a legal process where a witness gives sworn testimony outside of the courtroom, usually as part of the discovery process in a lawsuit.
Attorneys from both sides question the witness, and the testimony is recorded for use in court.
For healthcare professionals, depositions often involve reviewing patient care records, policies, and procedures related to a specific case.
Even if the nurse isn’t directly involved in a lawsuit, they may be called as a witness to provide factual information.
The Day of the Deposition
As the day of the deposition approached, I was given information to review.
The plaintiff’s attorney would be probing me for details contained within patient charts.
This preparation was invaluable.
To my surprise, I couldn’t recall this particular resident.
Despite considering myself a highly involved DON, the resident had been at the facility for a short time, leaving me with only hazy memories.
Consequently, I ended up answering most questions concerning policies, procedures, and processes rather than specific patient care details.
In the initial stages of questioning, I was apprehensive.
The weight of being a witness in a legal proceeding can be daunting.
As time progressed, though, I found my confidence.
I recognized the leader I had been and the exceptional care my team provided under my guidance.
I knew our processes were robust, and we never took shortcuts when it came to patient care.
This isn’t to say that we were infallible, but we took immense pride in our commitment to providing the best care possible.
Once the deposition concluded, I was thanked by the attorneys.
I felt a mix of relief and frustration that the situation had even arisen.
What I Learned From the Deposition
Be Present: In the ever-changing world of healthcare, it’s vital to stay present and informed. This involves staying up to date with the latest regulations, guidelines, and best practices.
Follow Policy and Procedures: Strict adherence to established policies and procedures is crucial. They provide a framework for care and can help protect both patients and healthcare professionals in situations like depositions.
Be Confident in Your Abilities as a Nurse: Nursing is a demanding profession, but it’s essential to have confidence in your skills and knowledge. Trust in your training and experience to navigate challenging situations.
Stand Firm on Your Work Ethic: The commitment to provide quality care and advocate for your residents is a core part of your profession. Upholding this is essential in both your daily work and unexpected situations like depositions.
Conclusion
A deposition can be an unexpected and nerve-wracking experience for a nurse.
However, by staying informed, following protocols, maintaining confidence in your abilities, and remaining dedicated to quality care, you can successfully navigate such situations and continue to provide the best care possible to your residents.
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