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Join Date: Jan 2002
Location: I'm out there.
Posts: 13,084
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Damn subpoena! THIS is why people hate lawyers!
A crusty little gnome just handed me a subpoena in my office in front of patients and employees. Nice touch.
Malpractice? Nah... An old patient is suing her home builder for a mold issue (construction defect.) I am required to lose an entire days work at no pay to testify. Here's the catch. I have never treated this patient for any mold related illness, nor was I ever made aware that there were any health issues at all! I am not an infectious disease specialist or a home construction expert. I simply cared for the patient in an UNRELATED matter many years before. I called the lawyer whose name appeared at the top of the subpoena and was connected to a paralegal who admitted, "Yeah, we got kind of rushed on this case so we didn't really get a chance to review the medical records, so... we just sent a subpoena to every doctor the plaintiff has seen in the past 10 years. We have the right to do that, you know. So we'll see you on the 10th." The hell you will.
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My work here is nearly finished.
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07-20-2006, 02:29 PM
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Senior Member
Join Date: Jun 2000
Location: N. Phoenix AZ USA
Posts: 28,943
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Sue both the lawyer and patient for wasting your time. Your time is worth just as much as theirs is, possibly more. Bill them for it...
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2013 Jag XF, 2002 Dodge Ram 2500 Cummins (the workhorse), 1992 Jaguar XJ S-3 V-12 VDP (one of only 100 examples made), 1969 Jaguar XJ (been in the family since new), 1985 911 Targa backdated to 1973 RS specs with a 3.6 shoehorned in the back, 1959 Austin Healey Sprite (former SCCA H-Prod), 1995 BMW R1100RSL, 1971 & '72 BMW R75/5 "Toaster," Ural Tourist w/sidecar, 1949 Aeronca Sedan / QB |
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07-20-2006, 02:40 PM
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Non Compos Mentis
Join Date: May 2001
Location: Off the grid- Almost
Posts: 10,584
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Have your attorney write a letter explaining you have no information relative to the case.
Or go one step further and write a letter saying that you found no mold related illness, and would be glad to testify. |
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07-20-2006, 02:41 PM
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tell the attorney you like mold.
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07-20-2006, 02:44 PM
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Dog-faced pony soldier
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Any way to find out who the lawyer's physician is? Next time he comes in for a physical I say he gets an overnight stay complete with hourly barium enemas.
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A car, a 911, a motorbike and a few surfboards Black Cars Matter |
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07-20-2006, 02:56 PM
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Tell them "No problem, I do alot of "mold related" testifying for insurance companies"...
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--------------------------------------------------------------------------- "There is nothing to be learned from the second kick of a mule" - Mark Twain |
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07-20-2006, 03:08 PM
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Join Date: Jan 2002
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I guess my point is, why am I LEGALLY COMPELLED to reschedule a whole day of surgery and office visits and lose a days earnings because the lawyers simply didn't do their homework? Something is terribly wrong with the system.
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07-20-2006, 03:24 PM
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Join Date: Nov 2001
Location: Los Angeles
Posts: 937
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These kind of subpoena's can usually be answered with mailed in xerox copies of the records. Usually the requesting party will provide a service to copy the records in your presence in your office. Just call the serving lawyer on the phone and he/she will probably make the arrangement.
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Scott |
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07-20-2006, 04:25 PM
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Join Date: Mar 2004
Location: Summerville, SC
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The lawyer in this case sounds like he is abusing his position as an officer of the court. He needs a reprimand from the bar, or at least a little reminder about professional ethics. |
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07-20-2006, 04:41 PM
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Non Compos Mentis
Join Date: May 2001
Location: Off the grid- Almost
Posts: 10,584
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07-20-2006, 04:47 PM
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Location: Linn County, Oregon
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"Now, to put a water-cooled engine in the rear and to have a radiator in the front, that's not very intelligent." -Ferry Porsche (PANO, Oct. '73) (I, Paul D. have loved this quote since 1973. It will remain as long as I post here.) |
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07-20-2006, 05:07 PM
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07-20-2006, 05:09 PM
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Senior Member
Join Date: Jun 2000
Location: N. Phoenix AZ USA
Posts: 28,943
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You will be glad to testify for a healthy fee. Your time is worth something and if you are going to have to take the day off, then make them pay for it.
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2013 Jag XF, 2002 Dodge Ram 2500 Cummins (the workhorse), 1992 Jaguar XJ S-3 V-12 VDP (one of only 100 examples made), 1969 Jaguar XJ (been in the family since new), 1985 911 Targa backdated to 1973 RS specs with a 3.6 shoehorned in the back, 1959 Austin Healey Sprite (former SCCA H-Prod), 1995 BMW R1100RSL, 1971 & '72 BMW R75/5 "Toaster," Ural Tourist w/sidecar, 1949 Aeronca Sedan / QB |
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07-20-2006, 05:10 PM
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Cars & Coffee Killer
Join Date: Sep 2004
Location: State of Failure
Posts: 32,246
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Besides, any lawyer who is trying a mold case is just looking for a big payout on a case based on junk science.
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Some Porsches long ago...then a wankle... 5 liters of VVT fury now -Chris "There is freedom in risk, just as there is oppression in security." Last edited by legion; 07-20-2006 at 05:42 PM.. |
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07-20-2006, 05:33 PM
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Bye, Bye.
Join Date: Apr 2003
Location: Planet Earth
Posts: 6,167
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Normally there will be a choice to show up for a deposition or just provide records (request for production). It is an inconvenience, but you are required to show or produce. Remember, if not for clients, attorneys wouldn't have a job.
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Elvis has left the building. |
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07-20-2006, 05:33 PM
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Banned
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07-20-2006, 06:22 PM
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Join Date: Jan 2002
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Could I expect success in small claims court, arguing that the lawyers poor preparation and improper sunpoena caused me direct financial loss?
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07-21-2006, 05:39 AM
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I'm off the hook.....
Join Date: Oct 2001
Location: 22 miles south, then 11 miles west of LAS
Posts: 2,895
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You'd need a shyster lawyer to prove that one.
And the circle continues.
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No, I don't sing. Based there for too long. |
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07-21-2006, 05:46 AM
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My work here is nearly finished.
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07-21-2006, 05:49 AM
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Banned
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Location: Travelers Rest, South Carolina
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07-21-2006, 06:00 AM
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1979 Porsche 911SC 3.0
1983 Porsche 911sc Cabriolet 3.0
