I have been called to give a deposition in a lawsuit for a former employer. I was a director of nursing with the company. Can I refuse to give a deposition due to conflict of interest?
Your question is without details so it is not clear what you are referring to when you state there is some kind of conflict of interest in giving a deposition apparently scheduled by your former employer. What is clear, however, is the need for you to retain a nurse attorney or attorney to represent you during the deposition.
One should never go to a deposition unrepresented. This is especially true in your case because of your concern about a conflict of interest. Indeed, there may well be a conflict surrounding the facts of the case and what your role was and what the role of your employer was in the case. Or, there may be no conflict other than what you identify as one, which may or may not be a legally based conflict.
There are many unanswered questions here. Who is the plaintiff in the suit? Did you fail to do something you were required to do as the director of nursing? What will the employer’s position be in terms of your role during the incident which is the focus of the case? What will the employer’s position be in terms of its own role during the incident which is the focus of the case?
Your attorney will be able to analyze the facts of the case with you before the deposition and will represent and protect you when you give your testimony during the deposition.