Is it necessary for me to pay my doctors to testify at hearing or are they subpoenad.

I am involved in an assault case. Defendant pled giulty to 3rd degree assualt misdeameanor. I am currently suing for damages.

White Plains, NY -

Attorney Answers (12)

Joseph A Lo Piccolo

Joseph A Lo Piccolo

Criminal Defense Attorney - Garden City, NY
Answered

The doctor's have the right to be compensated for their time. This is not a criminal question!

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
Eric Edward Rothstein

Eric Edward Rothstein

Personal Injury Lawyer - New York, NY
Answered

You can subpoena the doctor (and pay the subpoena fee) and elicit fact testimony. However, you cannot force a doctor to give expert testimony without paying an expert fee. The rule of thumb is that you never want to have to subpoena your own doctor.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
Jay K Goldberg

Jay K Goldberg

Criminal Defense Attorney - New York, NY
Answered

You can subpoena the doctor without compensating him/her for the time, but you will not have a very cooperative witness. Usually, the doctor is not called but the records are subpoenaed and placed into evidence.

David J. McCormick

David J. McCormick

Personal Injury Lawyer - Milwaukee, WI
Answered

If you do not want a ticked off doctor getting subpoenaed and losing money by being in court, then you should pay them for their court appearance and/or prep. time.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
Yefim Rubinov

Yefim Rubinov

Personal Injury Lawyer - Brooklyn, NY
Answered

Yes the doctor is entitled to be compensated. Do you have a lawyer?

Brian C. Pascale

Brian C. Pascale

Personal Injury Lawyer - Garden City, NY
Answered

I agree with my colleagues. Your doctor needs to be compensated for his time. Further, you will need your doctor's records and testimony at trial for your civil suit. You want him to cooperate.

Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does... more
Benjamin J Lieberman

Benjamin J Lieberman

Criminal Defense Attorney - New York, NY
Answered

Just because they receive a subpoena doesn't mean that they shouldnt be paid.

Michael J Palumbo

Michael J Palumbo

Speeding / Traffic Ticket Lawyer
Answered

Your lawyer should be handing the doctors and laying out any expenses so talk to him or her about it.

Bret A. Schnitzer

Bret A. Schnitzer

Personal Injury Lawyer - Lincoln Park, MI
Answered

They are experts, they are entitled to be paid. Even if you subpoena them they get to be paid as an expert.

You should consult an attorney in your State at once.
James D. Kiley

James D. Kiley

Personal Injury Lawyer - Great Neck, NY
Answered

If subpoenaed, the doctor is not required to give any expert opinion testimony ( for example as to the permanency of your injury or the percentage of disability you may have). For that you will need to pay him/her for the expert testimony. Don't be "penny wise and pound foolish". If you subpoena your doctor, you are basically "telegraphing" to the defense that you do no have control of your expert, a sign of weakness in the case.

This communication does not create an attorney/client relationship.
Answered

I agree with the other asteemed attorneys. I will also add that if the doctor is not available you could see if the other side will stipulate to the medical records and bills. I doubt they would stipulate to it but it is a question.

I am an Arizona attorney. AVVO does not pay us for our responses. Simply because I responded to your question... more
Charles K. Kenyon Jr.

Charles K. Kenyon Jr.

DUI / DWI Attorney - Madison, WI
Answered

You may not be required to pay for their time, as a fact witness, but if you are asking for expert opinion, you would want to pay a fair fee. Have you talked with your lawyer about this?

Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in... more

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