Subpoenaed!

[dillonkor]

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A patient I saw several months ago is charged with a criminal act involving opioids. It says fact finding hearing, and is a case about parent-child termination. I have never prescribed anything for this patient, except physical therapy and discussion about a potential procedure.

What should I expect? What to do? Tips? I have reviewed my documentation which looks just fine, but I don't know what else to think outside my clinical assessment.

 

[willabeast]

Depositions - Basically they first want to know if you are being truthful then they want to pick your brain. So I would state the (usual) truth - that I have no independent recollection of the case. So usually I wind up reading my medical records to the lawyers. Might be useful explaining a term I used. The fuzzy part comes when they ask you to read an MRI. Or an EKG. Your ego wants to show off how smart you are - but IMHO better to be truthful as in "have not read an EKG since medical school." "Am not qualified to interpret an EKG" . It is totally OK to say you rely on the radiology report if they ask for your interpretation of an X-ray or MRI. If you normally do...just be honest. As in "what did the radiologist say? ". Funny thing - been retired 6 years and have a third party depo coming up. Tried to get out of it and they said no way. It never ends.

 

[Ferrismonk]

Correct me if I'm wrong, but I believe a deposition is not required unless you are subpoenaed. If they just want your deposition, they'll pay you for it.

If you've been subpoenaed and they are in fact finding, you can give your deposition or act as a "fact witness", in which case you only give the facts as willabeast says. You should NOT give your opinions/judgement/etc. Basically you just read your notes to them and don't offer more.

 

[dillonkor]

The subpoena says "fact finding hearing"
Does it automatically mean that I am asked to be a fact witness?

 

[myrandom2003]

You just read your note. Say nothing more or less.
If it’s not in your note, say I don’t know or I do not recall. You don’t need to say another word about anything unless they pay you for your opinion.
But since they are not, you only read from your note. “I have no opinion” on repeat works as well.

 

[PainApp2021]

Perhaps I am naive but if you were not involved in medicine management in this case, couldn't you contact one of the attorneys and explain that you will have nothing relevant to add? Seems like an easy way to get out of it.

 

[dillonkor]

I will try this! I didn't even know I could get out of a subpoena

 

[drrosenrosen]

Perhaps I am naive but if you were not involved in medicine management in this case, couldn't you contact one of the attorneys and explain that you will have nothing relevant to add? Seems like an easy way to get out of it.

I've done this. The attorneys called and called trying to get a phone call with me. I explained that I had an appointment scheduled with the patient which they no showed, and I had never even seen them. They dropped me from their list

 

[painfree23]

I've done this. The attorneys called and called trying to get a phone call with me. I explained that I had an appointment scheduled with the patient which they no showed, and I had never even seen them. They dropped me from their list

You should verify a hippa auth before you even tell the attorney the patient is scheduled. you probably know it already but just a reminder for the other people on here who may not know