Legal Question in Civil Litigation in New York

legal question

I am a Psychiatrist currently involved in a malpractice suit as a non-party witness. I am not a defendent in this law suit. I was employed by an institution where I became involved in a case that had a bad outcome (involving an overdose of medication) due to the treatment of other non-hospital physicians. Because of my consultation in this case the hospital is a defendant along with the other physicians. The plaintiff's attorney has set a reasonable settlement amount that they will accept. However, the hospital is insisting on going to trial and using me as a non-party witness.

My questions are these:

Is there any legal way for me to discharge myself from being a non-party witness to this case?

Is there any legal way for me to force the hospital to settle the case?


Asked on 4/04/06, 9:25 am

3 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: legal question

You can make a motion to the presiding judge that you have no material information to add to the lawsuit. You cannot force the hospital to settle. It may be a good idea for you to retain a lawyer to represent you so that your interests are protected.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 4/04/06, 9:50 am
Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

Re: legal question

Sometimes, insurance companies need to see things from a different perspective. Your effort should be to persuade the insurance company that, when viewed just somewhat differently, your testimony may actually help the plaintiffs and the insurance company could end up on the hook for a larger sum. Our office handles medical malpractice cases and occasionally consults with physicians who find themselves as defendants and are at odds with their own, or someone else's, insurance company.

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Answered on 4/04/06, 10:54 am
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: legal question

There is no way to "force" any party to litigation to settle as trial is a constitutional right. Practically speaking, however, the testimony you may give is the only real tool that would have an effect on swaying the opinion of the attorneys.

Regarding getting off the hook as a witness,

if you are subject to subpoena, the legal way to

deal with it is to move to quash the subpoaena if you have a valid reason to protest the subpoena, or for a protective order if the issue is a matter of confidentiality of other ethical problem.

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Answered on 4/04/06, 2:37 pm


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