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  • Drop it into MD Drop it into MD 
    Participant
    Status: Physician
    Posts: 440
    Joined: 09/20/2018

    Got my first subpoena to provide medical facts to someone fighting their insurance after an MVA 4 years ago.  I was not the patients PCP at the time but care for them now.  Not sure what info they want from me since I was not aware this MVA happened until now.  We provided the medical records they wanted but they want me to come for a video deposition.  They are being somewhat difficult with timing and cannot work with my schedule so I will be missing office hours to attend this.  Not sure how long this is going to take but will likely cause me to miss a few hours of office time.  Anyone have any experience with this?  Should I expect compensation or is this one of those things we get stuck with?  I appreciate the forums comments.  Thanks!

    #175515 Reply
    ENT Doc ENT Doc 
    Participant
    Status: Physician
    Posts: 3567
    Joined: 01/14/2017

    If you aren’t legally required to do a video deposition I wouldn’t do it.  You’ve provided all evidence you can and weren’t the treating physician at the time and thus have limited capacity to comment on the immediate impact.  Any chronic effects, sure.  But again, unless legally required (with proof provided of course) I’d tell them we’re done here.  You’re not on trial.

    #175517 Reply
    Liked by hatton1, Tim, MPMD, Zaphod
    MPMD MPMD 
    Participant
    Status: Physician
    Posts: 2583
    Joined: 05/01/2017

    Yes you should absolutely expect to be compensated at a premium. I would estimate your daily pay and multiple by 1.5-2X for a start.

    The favorite tactic is to say “this deposition will only last 45 min.” That doesn’t matter, your time is worth money. Bare minimum set a high hourly rate for dep and charge a 2 hour minimum.

    Remember that not being accommodating to a plaintiff’s attorney is not a crime. You are more than allowed to simply tell them that certain days do not work for you. Don’t make this into a big deal just be straightforward about your availability. Not working around a lawyer’s preferred schedule is not against the law.

    You have a sacred duty to care for patients and act in their best interests, you do not have a sacred duty to assist in litigation.

    Zzyzx Zzyzx 
    Participant
    Status: Physician
    Posts: 200
    Joined: 09/24/2018

    1st off contact your medmal carrier and explain the situation and their request for video depo, then you should ask for representation.  they will assign you an attorney to represent and protect you, this is included in your medmal package at no extra cost.  Attorney will walk you through everything and can be present at depo just in case.  if you have risk management at your facility they should also be involved and handling legal requests.

    From what I understand, you have not been subpoenaed for depo?  Is this MVA in your state?  (subpoenas don’t cross state lines)  Then this is voluntary and compensation is mandatory, pay to play, we charge $1000hour for in person/video.  This is standard and set by the dept so check with your group/dept.  Payment should occur prior to showing up for depo and usually will go through your attorney.  High cost may just scare them off which seems like what you want.  Try to understand that their schedule and coordinating everything for a video depo is complicated and the case may be time sensitive,  once you get that check then accommodating their schedule is less stressful

    It’s psychosomatic. You need a lobotomy. I’ll get a saw.

    #175519 Reply
    Liked by childay
    childay childay 
    Participant
    Status: Physician
    Posts: 1063
    Joined: 01/09/2016

    What does the subpoena say?

    #175522 Reply
    Avatar Kamban 
    Participant
    Status: Physician
    Posts: 2569
    Joined: 08/01/2016

    This does not look like court deposition. Just a patient’s defense suing insurance. I would not do that without good compensation. My rate is $400/hour, 2 hour minimum.

    Never go for a deposition without check coming in. They will never pay you later if they can get away with it.

    A new tactic that they use now is make you clear up your schedule and give a afternoon off to do that deposition and a few days before that they cancel it and not pay you, either by not sending the check or asking for a refund. I now ask for the check and then schedule any deposition after it arrives and make sure that if they don’t cancel at least a week ahead it is non-refundable as I cannot scramble to fill up the empty slots in the lats minute.

    #175526 Reply
    MPMD MPMD 
    Participant
    Status: Physician
    Posts: 2583
    Joined: 05/01/2017

    1st off contact your medmal carrier and explain the situation and their request for video depo, then you should ask for representation.  they will assign you an attorney to represent and protect you, this is included in your medmal package at no extra cost.  Attorney will walk you through everything and can be present at depo just in case.  if you have risk management at your facility they should also be involved and handling legal requests.

     

    Click to expand…

    This is totally fine but not completely necessary if it’s a personal injury case.

    I am not sure that your med mal carrier will actually do this if you are just being deposed as a content expert/treating physician.

    #175531 Reply
    Liked by Kamban
    MPMD MPMD 
    Participant
    Status: Physician
    Posts: 2583
    Joined: 05/01/2017

    This does not look like court deposition. Just a patient’s defense suing insurance. I would not do that without good compensation. My rate is $400/hour, 2 hour minimum.

    Never go for a deposition without check coming in. They will never pay you later if they can get away with it.

    A new tactic that they use now is make you clear up your schedule and give a afternoon off to do that deposition and a few days before that they cancel it and not pay you, either by not sending the check or asking for a refund. I now ask for the check and then schedule any deposition after it arrives and make sure that if they don’t cancel at least a week ahead it is non-refundable as I cannot scramble to fill up the empty slots in the lats minute.

    Click to expand…

    I agree I would not go to a dep as treating physician in a personal injury case without being paid ahead of time.

    I also do not refund money for deps cancelled within 7 biz days.

    #175532 Reply
    Zzyzx Zzyzx 
    Participant
    Status: Physician
    Posts: 200
    Joined: 09/24/2018

    1st off contact your medmal carrier and explain the situation and their request for video depo, then you should ask for representation.  they will assign you an attorney to represent and protect you, this is included in your medmal package at no extra cost.  Attorney will walk you through everything and can be present at depo just in case.  if you have risk management at your facility they should also be involved and handling legal requests.

     

    Click to expand…

    This is totally fine but not completely necessary if it’s a personal injury case.

    I am not sure that your med mal carrier will actually do this if you are just being deposed as a content expert/treating physician.

    Click to expand…

    yes they will, you’re paying for it so might as well use it

    OP sounds like they’ve never been deposed and has no clue what to do – it would be foolish to not have representation for a first timer especially for a video depo.  having an attorney present at the very least will be educational

    personally I think this PI attorney is fishing for anything and once you hit them with your fees and attorney they’ll balk

     

    It’s psychosomatic. You need a lobotomy. I’ll get a saw.

    #175539 Reply
    Liked by hatton1
    Drop it into MD Drop it into MD 
    Participant
    Status: Physician
    Posts: 440
    Joined: 09/20/2018

    It looks like a real subpoena.  Delivered to my office by police.  I was occupied with a patient and my front office accepted it.  I forwarded it to our hospital attorney. I am waiting to hear back.  Christmas time, people on vacation yada yada.

    Luckily I have avoided legal issues thus far so year this is a new one for me.

    Great advice, I truly appreciate it, and I will get some more information when our attorney gets back to me.  It is nice to know that this seems to be rather common.

    #175568 Reply
    Zzyzx Zzyzx 
    Participant
    Status: Physician
    Posts: 200
    Joined: 09/24/2018

    Great advice, I truly appreciate it, and I will get some more information when our attorney gets back to me.  It is nice to know that this seems to be rather common.

    Click to expand…

    for MVA’s as a treating physician this is super common, even if you are just peripherally involved as PCP.  nothing unusual or anything to fret about

    It’s psychosomatic. You need a lobotomy. I’ll get a saw.

    #175574 Reply
    Avatar treesrock 
    Participant
    Status: Physician
    Posts: 348
    Joined: 08/14/2017

    I was in a similar situation, my hospital lawyer walked me through the whole process and sat with me during the deposition.  In the end it was a very pleasant discussion, I was not named in the suit so was just answering questions as the current treating physician for a lawsuit against another hospital.  Agree on making them pay you for their time.  I do not think you can get out of this however, if you’ve received a subpeona already you’re going to be stuck doing it sooner rather than later.

    Remember that you are not currently named in the suit, so nothing good can come from this for you.  Keep answers brief and only 100% facts.  Do not offer your opinion.  You are not an expert witness, just the current treating physician.  Just stick to the facts as you know them.  This was the advice my lawyer gave me, and he objected to a few of the questions as they were bordering on “expert witness” testimony.  Though for me, it was a little awkward, as an academic I am technically an expert in some of the questions they were asking, but that was not my role in this deposition.

    But overall this is more of a nuisance than anything else, so I wouldn’t worry too much about it.  But definitely get yourself paid and buy yourself a nice scotch or something afterward.

    #175608 Reply
    hatton1 hatton1 
    Participant
    Status: Physician
    Posts: 3116
    Joined: 01/11/2016

    This will likely not be the only subpoena you receive.  Are they just asking questions or is it a depo?  Do not get stressed since you are not being sued.  Try to get paid.  Learn to answer very concisely.  Do not explain or expound.  Do not teach the plaintiff attorney anything.  This will be a good practice for you without the stress.

    #175611 Reply
    ReFinDoc ReFinDoc 
    Participant
    Status: Physician
    Posts: 145
    Joined: 01/09/2016

    The other attorney wants you to make an opinion or render a conclusion under oath. He already has the entire Medical record and wants you expound on it for free. Might be worthwhile to contact this attorney and let him/her know you will only reiterate what is in the chart and will likely be quite hostile. 99% of your answers should be yes/no/I don’t know/it’s in the chart.

    Depositions can be fun if you get experience and know the process. Helps to be paid well.

    #175633 Reply
    Drop it into MD Drop it into MD 
    Participant
    Status: Physician
    Posts: 440
    Joined: 09/20/2018

    But definitely get yourself paid and buy yourself a nice scotch or something afterward.

    Click to expand…

    I prefer Bourbon but I like the point.  Thanks

     

    I appreciate all the comments and advice.  I now just heard that the case may be settled prior to when this was scheduled anyways.  So it might be a moot point but at least I am learning something.  If it does not get settled I will be having a conversation with our lawyer after the holiday.

    #175765 Reply

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