Legal Question in Medical Malpractice in Illinois
I left a surgical midlevel position of 3 years due to patient load/safety concerns/hours; when I initially gave my resignation of 2 weeks they threatened me with no reference/referral; I then reluctantly agreed to 4 weeks; I did not openly discuss my leaving but upper management did and it became common knowledge; I was abruptly called to the office at the 2 week period and advised that I was to leave and that they would pay me the remaining 2 weeks; when I asked why I was being asked to leave at that moment HR informed me that multiple MDs had complained regarding my leaving and asked them to correct the outstanding issues - I evidently was becoming a controversy; I was asked to clean out my desk and escorted to my car; I have ill feelings towards this corporation regarding the handling of this matter, not to mention my concerns regarding their lack of concern of patient safety vs. money earned (I am realistic to the business world); Now this corporation has called me for deposition regarding a law suit; Do I have to become involved? I do not think I will be of any benefit in their cause, realistically this case is an example of the struggles I faced working there; I am being deposed because I have notes on the chart - not directly involved in the surgical case but managed the patient on the floor intermittently, but was involved in the discovery of foreign body which has now led to the lawsuit; If I have a legal obligation, should I obtain a lawyer? I foolishly did not obtain personal liability insurance (of course I am now); If I do agree to this deposition, what is considered fair reimbursement for my travel time/time at deposition; They have asked me to schedule multiple meetings with them.
Surgical PA
1 Answer from Attorneys
What is that about the higher road? If you are subpoenaed to a deposition, you are legally obligated to respond appropriately as long as the subpoena has been properly issued, and tell the truth. You are entitled to legal counsel but at your own cost; you will not want their attorney there on your behalf. It is a requirement of our legal system and even people like your former employers are entitled to utilize it appropriately. Your employment situation is totally separate. But if you are implicated in any way, even if you did not carry your own, the institution may have carried malpractice that includes you and in that case you may be entitled to coverage as well. If there's the slightest hint that you could be damaged by this situation, or that they'll try to pin any blame on you, by all means protect yourself!!! Any by the way your are entitled to be subpoenaed for your protection -- don't let them just ask you to testify to be a "good guy".
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.
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