I am a registered nurse and have received a letter, not a subpoena, requesting my deposition regarding a minor patient that died. According to the letter the neurosurgeon and the hospital, a former, not current employer, is being sued. 1. What are my legal rights and responsibilities in answering this request?2. What happens if I ignore this letter?3. Who protects my interests if my deposition is found to include negligence on my part?
State/Country relating to Question: Texas
I have not responded to this request. I have contacted my nurse Liability Insurance agency, but they are not forthcoming as the incident occurred about 9 years before I obtained coverage with them.
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If you are not named as a party in the suit and if you have not been commanded to appear and give deposition Testimony pursuant to a Subpoena, then you have no legal duty or responsibility to respond to the letter.
If you ignore the letter, you will suffer no legal consequence as you are not legally obligated to respond.
If your policy was a claims made policy and not an occurrence liability policy, and if the effective date of your current policy does not extend back to the date of the incident, then no insurance carrier will have a duty to defend you and you would be on your own.
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Could I provide clarification?
1. Thank you. Just to be sure I fully understand, the letter stated the defendants were specifically the name of the physician and the particular hospital. Even though I was an employee at the time the alleged malpractice occurred, I can consider myself NOT named?
2. One can only assume that since the case involves a death of a minor child, in good health prior to her injury, that this will be hugely expensive. In your experience, is it likely the attorney will follow up his "I would appreciate..." letter, basically an invitation, with a subpoena?
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