DA office wants to contact me!!

[La Fiera]

I received an email a few days ago from a human resources person at my hospital that said:
The District Attorney ... has been trying to contact you regarding the following cases ... please get back to him asap.

I nearly sh&% myself!!

Not only was there one case, but two!! Two other residents also had cases in the email. I had spent a few long hours wondering what I might have done to cause not one but two unfortunate outcomes, for which I was about to be sued... and then started thinking maybe I should start looking into a less volitile field, like pathology?!
So I looked up the cases and to my great relief I discovered that they were all related to a gang shooting that had happened 6 months prior. So I am assuming they want all of us to verify the injuries and the care we provided, probably in order to charge the guy that did the shooting.
One of the other residents suggested that they contact the attending, who was involved in all the cases, which I also thought would be more appropriate, however the attending is MIA, somewhere in the far east.
Anyway, thought I would share my moment of fear (and relief), and see if there is anyone else out there with a similar experience resulting in spending the day in court.

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[deleted109597]

If it is the DA, they're using you for evidence. If you were being sued, you would have gotten a summons, not an email. Don't sweat.

 

[matt_mt19]

The DA is typically a friend rather than foe. However as a resident it is important to have your "supervisor" available for specifics regarding the care you provided, after all that care must have been under their supervision. Further it would be in your best interest to have your hospital counsel (acting as your personal counsel) present for any questioning/deposition that would be on the record, in my opinion this is a must. Keep in mind anything you say on the record could then be available for a civil suit down the road if sought by the opposing party. These situations can be sticky and the suggested answer for most questions is something in the vain of, "I would have to refer to record for that information," as you proceed to read from what was already, accurately (presumably), documented in the chart. I would also let your risk management department know this is occurring, they have a vested interest in any legal proceedings that involve you and/or the facility, thus even if not specifically named it is related to care provided, they will want to stay in the loop. Good luck...

 

[docB]

I feel your pain. (I got a subpoena on Christmas Eve a few years back.

Ditto what was said about if it's the DA after you it's for testimony. If it's med mal you get a summons or a letter of intent to sue or a call from your risk manager.

If anyone feels like rehashing the discussion about the differences between testifying as a witness rather than an expert feel free.

 

[dchristismi]

Heh. I got a subpoena, um, 2 days ago. My first one, and they came TO MY HOUSE! (I live in the middle of nowhere and didn't realize someone had pulled up to the gate until I heard my dogs barking. I asked the lady why they didn't just go to my work and she said, uh, where do you work? Duh.

And then I didn't recognize the name on it, but did duly note that I wasn't the defendent. Thankfully, it's to be a witness for the prosecution, but dayum. It was from day 13 as an attending. (Child abuse case.) They are supposed to be sending me records and letting me know if I have to show. The guy may just plead out. Ug. They said on the phone that they would "work with my schedule," whatever that means. I got the thing on the 15th; Jury selection is on the 20th. Nice notice...

 

[NinerNiner999]

Be forceful about asking for reimbursement for your time (and testimony). They should pay you for your help (a couple of hundred dollars an hour).

 

[NPEMTIV]

Be forceful about asking for reimbursement for your time (and testimony). They should pay you for your help (a couple of hundred dollars an hour).

I did this as an EMT back in the day. After that they opted to pay me 30ish minutes to write a statement and dismissed my subpoena. I think I cashed out a total of $6.

 

[Seaglass]

I got subpoenaed this year on my birthday! After weeks of preparing for the case on the day i was supposd to drive an hour to the courthouse I called ahead and they said they didn't need me. I got out of work for it too.

I would agree that usually the DA is your friend but often all they care about is making the case. For example in this case I didn't exactly agree with the DA and they tried to strong arm me into testifying the way they saw it. They also were pretty resistant to paying expert witness fees etc. Did I mention I got subpoenaed less than 1 month before the trial?