Legal Question in Medical Malpractice in California

Hello,

First, you don't know for sure whether the records are subpoenaed on a case against you or against someone else (i.e. a subsequent treating doctor), and where the patient is trying to prove, for instance, that it's the other doctor (not you) who caused the underlying issue.

Secondly, the statute of limitations in some cases is one year from the date of discovery of the condition that was allegedly caused by a medical negligence.

Regardless, you should definitely have representation. You have an obligation to comply with subpoena, and it's not going to stop just at $500.

If you have medical malpractice insurance, you should contact them asap and forward the subpoenas to them so that their attorney can start taking care of this for you.

Thanks,

Arkady Itkin

You can be jailed for failure to appear. Have your attorney contact them for them to depose you in your city, not theirs

Under Code of Civil Procedure Section 1987 your entitled to request the fees for travel to and from the place designated and one days attendance there. As an "expert" in the case, you are entitled to also request an hourly fee for your attendance to testify at trial. Call the attorney who served the subpoena and demand the cost of travel (in advance) and advise them of your hourly fee for testifying in court. They may not want you anymore. And, you can request the fees for travel in advance. When there is a dispute, hire an attorney to write a short letter demanding the fees for travel and testimony.

Get a lawyer to review the subpoena and advise you accordingly.