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 substitution for a meeting whereas all potential legal issues can be discussed.
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 provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
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 not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.
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. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
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.
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.
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 does not mean I am your attorney. In Arizona a non-lawyer is held to the same standards as an attorney so there are dangers to representing yourself. This is for informational purposes only and should not be considered as legal advice. If you require legal assistance an in depth discussion of your case is needed as there are many other issues to consider such as defenses, statute of limitations, etc.
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 each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.
Sign up to receive a 3-part series of useful information and advice about personal injury law.