Legal Question in Medical Malpractice in New York
a patient is suing a facility I used to work for. The hospitals legal team want to ask me questions concerning my notes. I am not named in the lawsuit. Am I legally obligated to answer questions?
2 Answers from Attorneys
You should get a lawyer immediately. Contact your insurance company that you had this request and ask for a lawyer before talking to the hospital. You have an affirmative obligation to tell your insurance company about these matters and you do not want to be named as a non-party witness and then as a defendant.
You don't say whether you are a doctor, nurse, etc., or whether you carried your own insurance while you worked at the facility, or were covered under its general policy. Presumably, you were an employee at the time of the claimed negligence. If you don't answer questions for the hospital's legal team, you can be subpoenaed as a non-party witness, and deposed under oath. In such a setting, the other side would hear everything you say, and have the opportunity to ask questions as well. You might wish to consult your lawyer about the outstanding request, and the details of your knowledge. Best, M. E. Zuller
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