Deposition of Nurse in Medical Malpractice Lawsuit
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This is the deposition of a hospital nurse in a $10 million wrongful death medical malpractice lawsuit. There are many depositions on this playlist from this particular case. We took a lot of videotaped depositions back then, more than we do in 2025. . WITNESS BACKGROUND Michelle Frock, Registered Nurse, worked at University of Maryland Medical Center from October 2009 to June 2014. Worked rotating 12-hour shifts, mainly day shift (7 AM – 7 PM). INVOLVEMENT IN DENNIS ALLEN’S CARE March 18, 2013: Cared for Dennis Allen. Initially stable but experienced mental status changes and combativeness overnight. March 19, 2013: Noticed further decline; critical care team called; Allen transferred to ICU. PATIENT REFUSAL OF CARE March 18, 2013 (Early Morning): Allen allegedly refused blood draw, per verbal report from night shift nurse. March 19, 2013: Initially refused a central line (which is true and defense tried to make a thing of it at trial) but later complied with encouragement from family. No notation in chart about these refusals, which should have been documented per protocol. MEDICATION ADMINISTRATION Medication orders entered by physicians into the computer system. Nurse reviews orders and administers medication as needed. Calcium gluconate ordered by Dr. Burks at 12:37 PM on March 18. KX-late (Kayexalate) administered by Frock at 1:15 PM per hospital records. No independent recollection of administering calcium gluconate or calcium chloride. HEART MONITOR ALARM INCIDENT 12:00 PM, March 18: Allen’s heart rate dropped (bradycardia), triggering an alarm. Frock and colleague checked on patient, informed Dr. Burks, and conducted EKG. No documentation in the record of further alarms after 12:00 PM. MONITORING & DOCUMENTATION ISSUES Allen was on continuous telemetry monitoring (heart rate, respiration, pulse ox). Vitals recorded every 4 hours, but no increased monitoring despite emergency. No EKG strips preserved from the bradycardia event. No way to determine if Allen’s heart alarm went off again after noon based on records. DIALYSIS & NURSING SHIFT REPORT Allen received dialysis on March 18; Frock does not recall calling for it. Shift hand-off process included verbal and computer chart review. March 18, 10:30 PM: Nurse noted Allen agitated, blood sugar dropped to 48, and D50 administered. FINAL POINTS Most of Frock’s testimony is based on review of medical records rather than independent memory. This is not uncommon in depositions like this. These nurses see a lot of patients and many witnesses are coached to not have a memory if their memory is hazy. No independent recollection of discussions with Dr. Burks beyond what is in records. No recollection of further heart alarms after 12:00 PM, and no documentation exists confirming or denying subsequent alarms.
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