My First Deposition

I

had my first deposition in the spring of this year. In my 30 years of nursing, this was the first time I was involved in a lawsuit. My role? I was the Minimum Data Set (MDS) coordinator. I had completed the MDS and Resident Assessment Protocols (RAPs). When my subpoena arrived in the mail, I cleared my calendar. I kept the information on the subpoena close to me so that I would remember the date and time. I had planned on taking a business trip that week, but it was cancelled, so I was available. Our lives are so busy that there is no good time to be deposed.
       I spent a lot of time preparing for this important day. I had to get work done sooner than usual, since I would be losing four hours in my workweek. I made sure I knew where the law office was and what parking would be like. I spent time going over the chart with the attorney, and then I spent an evening reading it again. While I was driving to the deposition and back, I kept thinking of all the work I was leaving behind. Lawsuits take a lot of time, and I am sure the persons filing the lawsuits feel that it is necessary to sue the persons whom they feel wronged their loved ones. I feel badly for the persons who filed the lawsuits, but I also feel that I have done the best job I could. I think everyone feels that way. But now we have to spend our time with our attorney, the plaintiff’s attorney, and a judge in a court of law.
       I met with the attorney just prior to the deposition and reviewed the chart once more. Then the deposition began. It lasted just one hour. I had to explain what an MDS is and what RAPs are. I was questioned on how I found my information. Did I add to the care plans? Yes. Did I participate in the resident’s care? Yes, I took care of her one shift out of a three-week stay. I was asked what the census was four years ago at that time. I answered that I did not know. Another question from the plaintiff’s attorney was if I knew what time the resident was admitted. I didn’t know that one either. OK—I was excused.
       I followed my attorney’s advice, which he gave me prior to the deposition, and answered all questions truthfully. There is no other way to answer, in my opinion, but it was good to hear my attorney say that. I really could not thank my attorney enough for all his advice and answers to my questions. I had met with him a few weeks before to prepare for the deposition. He allowed me to review the chart in his conference room and then take a copy home to review it more. I kept in touch with his secretary to confirm my appointments. I had prepared myself for the worst. I had expected to have to explain my coding, my RAPs, and all the care plans I had added to the chart. I had expected to explain why care was or was not provided and whether care was given even though there was no documentation of certain events. But I was not asked about any of this.
       My attorney said I did well. I answered only the questions the plaintiff’s attorney asked. I did not expound. I am used to writing as much information as I can when I complete a RAP and initiate or add to a care plan. I kept my cool, and I felt very professional in my answers. To relax, I took several deep breaths during the deposition.
       I have never sued anyone, so I do not know what it is like to be on the other side. I just know that it takes a lot of time and energy. I do not know the outcome of this case yet. I could be called again, I know. And I could be subpoenaed again for another deposition or even go to court. If I have to appear again, I know that I will again appear confident.
       To sum it up, there are three things I learned. It is good to listen to your attorney. Your attorney is the expert in the legal system and will help your through the process of a lawsuit. Second, everything takes more time than you think. The preparation and the actual deposition take a lot of time—twice as long as you think. Third, it is always best to tell the truth. I hope none of you will have to go through this, but if you do, these things I have learned may help you get through it.

Q & A

       Q: I’m having a hard time getting the team to sign the MDSs in a timely manner. Do you have any suggestions? (licensed practical nurse, Michigan)
       A: I have heard of several solutions. Some facilities have a book with MDSs to be signed that each team member checks daily. Others bring the MDSs to a morning meeting for everyone to sign. You can bring MDSs to the care plan conferences. I try to print an MDS as early as possible after completion so that I have a couple of days to catch everyone for signing, realizing that everyone has occasional days off during the week and that some are busier on certain days and may need an extra day or two to sign.
       Q: How early can I do an annual MDS? (registered nurse, Mississippi)
       A: An annual MDS can always be done earlier than 366 days from the last MDS. This flexibility allows some leeway for the MDS coordinator to spread MDSs out among the residents. Additionally, a quarterly MDS can be completed earlier than 80–90 days in order to spread out the workload, plan for vacations, etcetera.
       Q: I was late completing a quarterly. Do I reset my schedule to keep it on the same schedule? (licensed practical nurse, New Hampshire)
       A: I had this happen to me. I was advised by my state Resident Assessment Instrument (RAI) coordinator help desk expert to stay on the schedule as it should have been, even if it means completing the next quarterly or annual MDS shortly thereafter.
       Q: Is it ever possible to say “No” to the “other duties as assigned” part of the job description? (registered nurse, Utah)
       A: The choice is yours. If you are given assignments from your supervisor that you believe you cannot do, you should let your supervisor know that you are facing challenges that you cannot overcome. If the job is too overwhelming, you might think about getting another job somewhere else.
       Q: The dietitian told me when I enter a weight and there is a number after a decimal point, which I need to round up. Example: The resident’s weight is 150.2 lbs. The weight entered would be 151. Is this correct? (licensed practical nurse, Florida)
       A: That is correct. The RAI manual states this. When you calculate weight loss or gain, however, you do actually use the exact weight.
       Q: The previous MDS coordinator would sign every MDS on Day 14 even if it fell on a weekend and she was off. I was taught to only put the correct date of signing. Which is right? (registered nurse, Arizona)
       A: The rule is to sign the present date. If you cannot sign by Day 14, have another registered nurse (RN) sign as coordinator, or have the MDS completed by Day 12 or 13 if you want to be the one signing it.