Being sued and need legal advice?

[josephus]

I am asking this question on behalf of another person. Let's say that I am a licensed practical nurse and I have just received a summons that I am being sued for medical malpractice by a woman whose mother passed away while residing at a nursing home at which I worked at the time in question. They are suing the nursing facility plus myself personally. It is important to note that I was fired from this job because I had too many miscellaneous write-ups over a LONG period of time. The case is very weak although I have 30 days to respond. I have no money to pay a lawyer to act on my behalf, and I was thinking...the nursing home will have their own lawyers on this. Shouldn't I contact the nursing home and work together to make sure that our defense complaints are consistent and work together?? but on the other hand it is quite overwhelming to contact them after being terminated.

[aenedleah10]

I canot tell you if cooperation would help you or hurt you. Do they plan to throw you under the bus, or to claim that there was no negligence by anyone?

[condan]

did the person pass away after you where fired or before?
if after then i dont think they should have a right to sue you since it wasnt your fault but the homes fault also unless you personally was incharge of the person then they shouldnt have any right to sue you
but if it was before then its a diffrernt matter for one if you where in charge of careing for the person but where on your break then it shouldnt be your fault since your only employed from and to a certin time if the person pased on during one of your breaks that was decided by the home then it isnt your fault but the homes since they need to have certin care for people who can pass away like a heart beat monitor so i dont think its your fault depending on the situation you can asked to be equited since you wherent on duty or wasnt in charge of the person or was on your break

so then according to what you said the woman refused treatment and not eating drinking and didnt accept the treatment so i dont see there was anything they could of done and they whould need ot have actual evadance than the the phone call with the apn didnt happen and that they didnt do all they can do without takeing away the womans rights to refuse certin treatments but there was also the change the the apn was busy with multi patients and forgot but that whould then should fall under over work and/or a human mastake witch if it was a mastake and they prove that they did the best they can i dont think the court whould actually go in favor for them but there is a slight chance that they do but then they whould actually have to sue the home and the apn witch you dont state was you so i dont see why they whould be sueing you and it whould just be a waste of court time chance of getting abmonised

[arber47]

In any of the options you presented, there is a single point, you have to consult a lawyer.

[smid]

Whether you can afford one or not, you do need a lawyer of your own. He may be able to get you out of this one fairly easily.

Do NOT rely on the nursing home's lawyer. If you are not represented by a lawyer, he will dump all the blame on you and claim you were acting contrary to their policies, against your orders and who knows what else.

If you can't afford a lawyer, you probably will not be able to pay any judgment the family could possibly get against you. BUT your lawyer can talk to the plaintiff's lawyer, and offer your testimony against the home, in return for the Plaintiff dropping any claims against you.

In other words, you do it to the home, before they can do it to you.
The Family should go for it because they could not collect anything from you, you have nothing. But you don't want that judgment hanging over your head, especially not if you want to find a job in another nursing home. Who would hire you if there is a judgment for malpractice against you?

The home has already fired you, so you know what they think of you. Don't expect any help from them. It's every man for himself, time!

[greenly]

U have to consult a lawyer.


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