Legal Question in Medical Malpractice in California

I'm a Chiropractor and I got subpoenaed to physically appear and produce records on a patient I saw over 4 years ago. I live in California and this California Superior Court is over 8 hours away. The lawyer representing this patient has subpoenaed the records three times already. Now he wants my physical appearance.
1. I'll have to book a flight and room. Will I get reimbursed for my expenses and time?
2. Is there any way I can get out of this? It says if I don't show it will be contempt of court with a $500 fine. It would be cheaper to pay the $500
3. Do I need to hire an attorney to represent me in case they go after me for "inadequate record keeping?"

Asked on 6/14/14, 5:50 pm

4 Answers from Attorneys

Arkady Itkin Law Office of Arkady Itkin

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Hello,

First, you don't know for sure whether the records are subpoenaed on a case against you or against someone else (i.e. a subsequent treating doctor), and where the patient is trying to prove, for instance, that it's the other doctor (not you) who caused the underlying issue.

Secondly, the statute of limitations in some cases is one year from the date of discovery of the condition that was allegedly caused by a medical negligence.

Regardless, you should definitely have representation. You have an obligation to comply with subpoena, and it's not going to stop just at $500.

If you have medical malpractice insurance, you should contact them asap and forward the subpoenas to them so that their attorney can start taking care of this for you.

Thanks,

Arkady Itkin

Answered on 6/14/14, 6:03 pm

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Joel Selik www.SelikLaw.com

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You can be jailed for failure to appear. Have your attorney contact them for them to depose you in your city, not theirs

Answered on 6/14/14, 7:54 pm

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Michael Wasserman Michael Wasserman, Esq.

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Under Code of Civil Procedure Section 1987 your entitled to request the fees for travel to and from the place designated and one days attendance there. As an "expert" in the case, you are entitled to also request an hourly fee for your attendance to testify at trial. Call the attorney who served the subpoena and demand the cost of travel (in advance) and advise them of your hourly fee for testifying in court. They may not want you anymore. And, you can request the fees for travel in advance. When there is a dispute, hire an attorney to write a short letter demanding the fees for travel and testimony.

Answered on 6/14/14, 8:38 pm

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