Deposition subpoena question

[ED50]

Hello, I have a patient who I've seen over the last few years. 2 years prior to meeting him he was in a significant motor vehicle collision. Recently my office received a notice that I was being subpoenaed to show up in court. Additionally this lawyer would like to meet up with me for several hours prior to discuss the case. Apparently our legal office reached out to him and I am in fact being subpoenaed so my assumption is in court I am a fact witness? I have read previous threads regarding subpoenas and depositions however if I meet with this lawyer for several hours and am deposed then when I show up to court am I simply a fact witness? My understanding is the deposition will be asking many questions regarding causality which I am concerned they will bring up in court. I'm really not interested in doing any of this so any advice would be helpful.

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[willabeast]

Hello, I have a patient who I've seen over the last few years. 2 years prior to meeting him he was in a significant motor vehicle collision. Recently my office received a notice that I was being subpoenaed to show up in court. Additionally this lawyer would like to meet up with me for several hours prior to discuss the case. Apparently our legal office reached out to him and I am in fact being subpoenaed so my assumption is in court I am a fact witness? I have read previous threads regarding subpoenas and depositions however if I meet with this lawyer for several hours and am deposed then when I show up to court am I simply a fact witness? My understanding is the deposition will be asking many questions regarding causality which I am concerned they will bring up in court. I'm really not interested in doing any of this so any advice would be helpful.

Ask who the plaintiff and defendant are then answer questions honestly. Leave your Ego at home. Best answer to many questions - I do not know the answer to that question. For example - in your opinion is there a difference in the MRI images before/after? Correct answer - what did the radiologist say? Don't try to impress anyone with your knowledge/skill/charisma etc. Always worked for me. BTW they should pay you for your time.

 

[nvrsumr]

If they are making you waste your day might as well be the "expert" and get paid

 

[DODOCSS]

they suck. just finished one today. $5500 for 2 hours prep and 1.5 hour depo (was scheduled for 4 hours). charge them big

 

[mdo1738]

I can't answer your questions but make sure to heavily bill his attorney.

 

[painfree23]

If ur being forced to come to court , can u charge for this?

 

[adiradirim]

If ur being forced to come to court , can u charge for this?

I don't know what everyone is talking about, fact witnesses cannot ask to be compensated more than the witness fee ($25-50). The court is the one requesting (demanding) your presence, not the lawyers. If you decline and they don't release you, they can find you in contempt of court. You can ask for your fact testimony to be taped for court or accommodated for your work schedule, but you cannot bill for time any more than you can bill for being called as a witness to a robbery.

If they are being asked for expert witness testimony, they can ask for compensation.

 

[RoloTomassi]

If it's a deposition request it's by choice so you can charge a fee for the depo and any pre-depo meeting

If it's a subpoena, you're forced to go, so no one's going to pay you. But you're not forced to do any pre-depo stuff so just decline.

 

[mid|ine]

You can make it clear to the attorney that as an unpaid fact witness you will NOT be helpful.

 

[painfree23]

You can make it clear to the attorney that as an unpaid fact

What’s the difference in a fact witensss and expert witness?

 

[mid|ine]

$$$

 

[lobelsteve]

If asked for your opinion state you are there as a fact witness. You have no opinion in this matter.
Read the chart. Any question answered is based on you reading the chart.

 

[Doctodd]

If asked for your opinion state you are there as a fact witness. You have no opinion in this matter.
Read the chart. Any question answered is based on you reading the chart.

dont do this unless you are doing it pro-bono. I think we discussed this more in the private forum. But suffice it to say your time is valuable.

 

[lobelsteve]

Teaching how to be a hostile witness.

 

[nvrsumr]

When I did more legal work I was routinely subpoenaed by the side that was paying me. I sign and therefore acknowledge the subpoena so everyone knows I will be showing up at court or the deposition. It is just part of the process.

 

[Ferrismonk]

What’s the difference in a fact witensss and expert witness?

Fact witness = retelling the facts. aka what is in your note. Do not give opinions or your thoughts.
Expert witness = you are paid for your opinions. This is NOT to show how much of an expert you are. See above about the radiology report.

and spelling.

 

[painfree23]

Fact witness = retelling the facts. aka what is in your note. Do not give opinions or your thoughts.
Expert witness = you are paid for your opinions. This is NOT to show how much of an expert you are. See above about the radiology report.

and spelling.

So if u are asked for ur opinion during a fact witness supoena how do you avoid giving an opinion?

 

[Ducttape]

yes.

just the facts sir. read from the chart.

 

[Ferrismonk]

So if u are asked for ur opinion during a fact witness supoena how do you avoid giving an opinion?

Steve would probably know better, but I believe "I have not considered my opinion on the matter"

 

[lobelsteve]

Steve would probably know better, but I believe "I have not considered my opinion on the matter"

I have no opinion on this matter, I have only the facts before me as the are laid out in the chart.

"It was a dark and stormy night...."

 

[painfree23]

I have no opinion on this matter, I have only the facts before me as the are laid out in the chart.

"It was a dark and stormy night...."

Damn, that sounds ballsy. I can just imagine the next question - “how can you not have an opinion on this persons pain? aren’t you a board certified physician?”

 

[lobelsteve]

Damn, that sounds ballsy. I can just imagine the next question - “how can you not have an opinion on this persons pain? aren’t you a board certified physician?”

I believe he hurts. That is why I am treating him. Next question: read from the chart.
Follow up: I have not been qualified as an expert witness in this case. I am a fact witness. I can offer facts but not my opinions.

 

[Ferrismonk]

The thing to remember is that lawyers aren't actually interested in the truth. They are interested in showing things in the best light for their client. This can be hard to understand from a medical/human perspective. Even if they seem buddy buddy, they'll turn on you in an instant. They know our predilection to be helpful and friendly and will try to use this for their own means.

 

[ED50]

The lawyer wants to meet for an hour or so before the trial. What should I expect from that? They will pay the established rate so it won't be free, but is it even worthwhile or should I cancel? I assume that if I give my opinion during that time it will then be brought up in court. Is that correct?