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