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Oftentimes in Florida, medical malpractice or premises liability lawsuits against hospitals or physicians’ offices can last several years while the parties prepare to take the case to trial. The typical case lasts about two years, but they can sometimes drag on for longer.
 
During this time, it may become necessary for a hospital/physician office to fire or lay off an employee (for reasons unrelated to the lawsuit) who will be an important witness in the case. This can be a nurse who cared for the patient or a supervisor of a department, such as the director of housekeeping in a slip and fall lawsuit. Once an employee has been let go, that employee may be less likely to cooperate in the defense of the lawsuit, as he/she does not have any personal stake in the outcome. In extreme cases, he/she may retaliate and purposely testify adversely in a deposition or during trial. Additionally, former employees are not considered to be represented by defense counsel, absent a separate agreement for representation, and therefore, there is no prohibition against opposing counsel contacting them and asking for cooperation on plaintiff’s side of the case.
 
When these situations arise, we strongly recommend that the healthcare provider notify its defense attorneys either before the employee is discharged, or at the very least, simultaneously. (This would also apply if an important employee witness resigns from employment.) Armed with the knowledge upfront, defense counsel can oftentimes eliminate the repercussions. In many cases, defense counsel can speak to the employee directly, before opposing counsel has the chance, and get an agreement to cooperate should he/she need to give a deposition or testify at trial. Alternatively, if counsel is aware that a former employee may turn against the hospital, proper steps can be taken to mitigate the damages of his/her testimony or resolve the case.