When Nurses Take the Stand: Lessons from Testimony in the Lindsay Clancy Trial

This is a guest blog post written by Lynn Pierce, MSN, APRN, FNP-C, Senior Risk Manager for Nurses Service Organization (NSO)

ICU nurse Meghan Collins’ testimony in the Lindsay Clancy trial put her nursing observations, documentation and role in Clancy’s care before a courtroom.

Her turn on the stand underscored in a very real way some powerful lessons. As a nurse, consider how the care you provide, the decisions you make, and what you document can later become important in legal proceedings. Depending upon the facts and information revealed, your testimony can directly influence the outcome of a case.

You may never testify in a trial as high-profile as the Clancy case, but the care you provided could someday be examined in a courtroom, deposition, or licensing proceeding.

Your documentation may become your strongest record

Collins was asked to recall and explain details of care provided years earlier, a lag that’s not unusual in legal proceedings.

You, too, may be asked to recall details of the care you delivered to a patient months or even years after it was provided. That makes it crucial for nurses to document patient care at the time it is provided.

Without thorough documentation, it may be difficult to recall exactly what happened months ago, let alone years ago. A complete and accurate clinical healthcare record presents the strongest defense for a nurse when faced with any professional liability or licensing board action.

Thorough documentation should be accurate, objective, and complete. Document what you see, hear, and do while keeping the following practices in mind:

• Follow your facility’s policy on documentation and assure that your documentation is sufficient to detail the care provided.
• Don’t use shorthand or abbreviations that aren’t widely accepted or approved by your facility.
• Don’t use subjective terminology, such as ‘bed soaked’ or ‘a large amount’.
• Don’t document care ahead of time, as situations often change and charting care that has not been performed is considered fraud.
• Avoid repetitive copying and pasting.
• Avoid documentation gaps.

Frequent errors and errors of omission can undermine a nurse’s credibility in court. Complete, accurate documentation reflects your practice and is a tool that can help defend you in case of legal action.

Know your scope and be clear about your role

Collins’ responses on the stand illustrates practices you can follow if you are ever required to give a testimony.

First, be clear about what you observed and did, what is reflected in the healthcare record, and what you independently remember.

You should also avoid offering opinions or conclusions that go beyond your scope of practice or expertise. When asked whether she made her own assessment of Clancy’s injuries, Collins clarified, “I do not diagnose.” Know and practice within your state’s scope of practice act, and in compliance with the standard of care and state board of nursing requirements.

Finally, if you do not know the answer to a question, do not guess or attempt to assume the answer. If you do not remember something, you should say so.

Patient advocacy includes speaking up

Through her testimony, Collins also highlighted the importance of a nurse’s work as a patient advocate, a role that helps ensure patient safety and the quality of care delivered. In explaining her role as her patient’s advocate, Collins also demonstrated an understanding of practicing within her employer’s policies and procedures and her state’s scope of practice act.

And her responses showed a commitment to documenting patient care assessments, observations, communications and actions in an objective, timely, accurate, complete, appropriate and legible manner.

If you are called to testify as a nurse

Never ignore a subpoena, whether it involves releasing healthcare records, appearing for a deposition or testifying in court. As soon as you receive a subpoena, inform your professional liability insurance provider and your employer’s risk manager or legal counsel. Then, work with your attorney to prepare for the deposition or testimony.

When you take the stand:

• Listen carefully and think about the questions before speaking. Don’t be pressured into rushing a reply or continuing to talk after a question has been answered. Speak clearly and answer in a courteous manner. If you need to consult the healthcare record, request to see the healthcare record before responding. If your attorney objects, stop speaking.
• Say that you do not know the answer if you do not know; do not guess. If you do not remember something, say so. If you do not understand a question, ask for clarification or rephrasing.
• Answer only the question asked and do not anticipate further questions. Remain within your scope of practice and expertise rather than offering an opinion on something you are not qualified to address.
• Remain calm and answer all questions truthfully without divulging additional or extraneous information. During depositions, the plaintiff’s attorney may use complex or aggressive questioning techniques.
• Permit your defense attorney time to interject or object to an improper question. Listen carefully and think before you speak. Again, don’t be pressured into rushing a reply.
• Remember that the healthcare record can also become especially important when individual words or details are scrutinized. Frequent errors and errors of omission can undermine your credibility.
• Say ‘I do not recall’ if you can’t remember specific details. If you do not remember something, say so.

Final Thoughts on Nurses and Legal Testimony

Most nurses don’t expect to find themselves testifying in court, but the Lindsay Clancy trial serves as an important reminder that the care you provide today may be examined years later. Accurate documentation, practicing within your scope, advocating for your patients, and communicating clearly are all essential parts of nursing practice.

These habits not only support safe patient care but can also help protect you if your actions are ever questioned in a legal proceeding. Remember, your best preparation begins long before you ever receive a subpoena. It starts with the care you provide and the decisions you make during every shift.