Legal Question in Medical Malpractice in New York

I was subpoenaed 2 years ago to be a witness in a medical malpractice case (I was the nurse taking care of the patient). I live in a different state now. The hospital's lawyer wants me to fly back so I can be "prepped" for the upcoming trial. What are my legal obligations?


Asked on 8/26/09, 9:48 am

1 Answer from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

That subpoena is no longer applicable. They are required to reimburse the transportation fee, and if you are uncomfortable with this, you can probably get the subpoena quashed. Maybe but not certainly.If they subnpoena you to trial, and they have not reimbursed you for the air fare,

something is wrong. If they want to prep you, ask them to pay for your time.

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Answered on 8/31/09, 11:58 am


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