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Crit Care Nurse 2002 Jun; 22(3): 82-83
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Legal Counsel
Ruthe C. Ashley, RN, MSN, JD, answers your questions about legal and workplace issues in this column. Do you have a legal question you’d like to have answered? Call (800) 394-5995, ext. 8839; fax (949) 362-2049; mail Legal Counsel, CRITICAL CARE NURSE, 101 Columbia, Aliso Viejo, CA 92656; or e-mail your question to ccn{at}aacn.org.

Legal Counsel

Ruthe C. Ashley was a nurse for 15 years before becoming a lawyer. Her legal experience includes trial work in both large and small firms, in which she represents healthcare professionals in medical malpractice, employment, and licensing actions. She presents malpractice seminars to thousands of nurses every year across the nation.

Q How do I know if I have been sued as a nurse and what do I do?

A A knock on your front door may be the first clue that you have been sued. A process server—someone who "serves" or delivers a copy of a lawsuit to the person who has been named as a defendant—may come to your house and personally hand a copy of the lawsuit to you. A process server has no personal connection to the case.

Service of a law suit is very important and must be done according to certain rules, including timing, method of service, and acceptance of service. If a defendant is not appropriately served, he or she may not be part of the lawsuit.

Some employers accept service on the nurse’s behalf. Most likely , the employer has been named as a defendant along with the nurse, and both are served at the same time. If your hospital accepts service on your behalf, it is important that you obtain a copy of the law suit and know exactly when it has been served.

The first thing you should do once you have been served is to read all the documents carefully. These documents will be written in legal "mumbo jumbo," so look for the following important information:

{blacksquare} The names of all the defendants. Most lawsuits naming nurses as defendants have additional defendants such as the employer, a physician, or a colleague.
{blacksquare} The name of the plaintiff. The plaintiff will be a former patient who is alleging that you (and any other defendants) did something in your nursing role that caused an injury to him or her. It may be difficult to remember detailed information about this former patient—now the plaintiff—and what your role was in his or her care. The most important evidence other than your personal testimony, therefore, is documentation in the medical records. In addition, other documentation may be used to support your testimony, as well as witnesses and expert testimony.
{blacksquare} How many days you have to respond to the lawsuit. If you do not respond within the time given, you could lose the lawsuit as well as your wages, and money and property could be taken from you without warning. This situation is called a "default" judgment—a judgment that is for the plaintiff and against you, because you failed to respond in a timely manner to the lawsuit.
{blacksquare} The date of the alleged injury. The lawsuit will also provide more information about what the plaintiff is alleging that you (and any other defendants) did to injure him or her on this date.

After carefully reading all the papers that have been served to you, follow these steps:

{blacksquare} Notify your employer immediately if you have been served and your employer has not received a copy of the lawsuit. Your employer, in turn, will notify its malpractice insurance carrier. When this insurance carrier has accepted the responsibility for your defense, it will hire an attorney to represent you.
{blacksquare} Always keep a copy of the lawsuit.
{blacksquare} If you have personal malpractice insurance coverage, notify this insurance carrier of the lawsuit. It is your responsibility to notify your carrier in a timely manner that you have been named as a defendant in a lawsuit. Your carrier may not take over your defense if your employer is providing a lawyer. However, if a conflict of interest arises between you and the hospital, your carrier may then become responsible for your defense. Your insurance carrier may also act as a secondary defense for you.
{blacksquare} Do not discuss the case with anyone other than your attorney or your employer’s attorney.
{blacksquare} Make no public comments regarding the case. Your attorney will speak for you and will guide you through the lawsuit.

If you are an independent contractor, follow the same steps; however, instead of notifying your employer, immediately notify your individual malpractice carrier when you have been served. If you are practicing under someone else’s license, such as a physician, immediately notify the holder of that license that you have been sued.

It is of utmost importance that you send a response to the plaintiff within the period allowed in the lawsuit. Notifying an insurance carrier, reviewing the case, and hiring an attorney who will respond on your behalf takes some time and the clock starts ticking as soon as you or your employer has been served.


Information appearing in Legal Counsel is for general purposes and is not intended to replace legal advice. For specific situations, consult your facility’s legal representation or a personal attorney.

 





This Article
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Right arrow Respond to This Article
Right arrow Alert me when this article is cited
Right arrow Alert me when eLetters are posted
Right arrow Alert me if a correction is posted
Services
Right arrow Email this article to a friend
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Right arrow Similar articles in PubMed
Right arrow Alert me to new issues of the journal
Right arrow Download to citation manager
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Citing Articles
Right arrow Citing Articles via Google Scholar
Google Scholar
Right arrow Articles by Ashley, R. C.
Right arrow Search for Related Content
PubMed
Right arrow PubMed Citation
Right arrow Articles by Ashley, R. C.

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