What if the subpoena is requesting medical records? All subpoenas requesting release of patient-related records should be promptly sent to the Patient Records Office for processing. B , Box , Attention: Records Custodian.
Do NOT attempt to gather or provide the medical records yourself. Contact Health Science Risk Management for further advice.
What if the subpoena also requests my testimony? If this is the case, the subpoena will usually ask you to appear to provide testimony, and the medical records request will take the form of a subpoena duces tecum asking to you bring records with you. What if the subpoena requests release of research records or data? What if the subpoena requests something other than patient care information? Patient care-related subpoenas generally involve a University of Washington School of Dentistry patient as a plaintiff, defendant, or victim criminal case.
It looks like I am being asked to testify as a healthcare provider. Example: X. You do not need to formulate an opinion about matters that go beyond your involvement in providing care to the patient.
Only testify on matters within the scope of knowledge of your practice or medical specialty. Can I agree to be an expert witness? See below for witness compensation information. Can I receive compensation for fact or expert witness testimony? Special information regarding compensation as a fact witness Payment for fact witness testimony is set by court rules and involves a minimal fee. What if the subpoena comes from a court outside of King County?
What if I am not available at the time I have been asked to testify? It is perfectly appropriate to tell your patient you do not wish to become involved in legal proceedings other than as a fact witness in order to preserve a purely therapeutic relationship. Often, patients who express dissatisfaction to you about other providers simply have unanswered questions. It may be more beneficial for you to try to facilitate communication between your patient and the other provider. For example, you may be able to resolve the issue by contacting the other provider and encouraging them to speak with the patient.
Staff should always include their manager or department director in these issues. If the other provider is a UW provider, it would be more helpful to the patient, to you, and to UW if you contact Health Sciences Risk Management about your concerns. You will be able to tell the patient that you will initiate an investigation into their concerns.
We will be able to coordinate an appropriate QI investigation, involve the other provider, facilitate communication with the patient, and share the results with them. Different providers can have differing views on clinical care. This is why retained expert witnesses do not offer opinions without reviewing all the relevant records and other information.
In addition, if you do express an opinion without having all the relevant information, you eventually may be in an awkward position in the legal record. If you do express an opinion on standard of care and causation without a thorough review of all relevant information, you will make it difficult for the provider you are criticizing to defend what in fact may have been appropriate care.
If you would like to discuss any of these issues, you may contact Health Sciences Risk Management Testimony may occur in several different settings: At a deposition usually held at a private office , At a hearing, or In a courtroom.
Guidelines for Testimony Tell the truth. You will be under oath. Giving an intentionally false answer is perjury, which is a crime. In addition, any false or inconsistent answers may be used to attack your credibility on all matters.
Be honest. Be accurate. If only approximate dates, times, or distances are known, then give only your best approximation and say it is an approximation. If you answer mistakenly during testimony, simply say that you were mistaken and correct your statement. Discuss matters of concern in advance with either the UW attorney handling the case or with Health Sciences Risk Management if no UW attorney is assigned; If you are concerned about something that might prove embarrassing or something that you have done, discuss it candidly with either the UW attorney handling the case or with Health Sciences Risk Management before giving testimony.
Listen carefully to every question. Do not let the person asking the questions put you in the position of accepting half-truths on which further questions might be based.
Be sure that you agree with each aspect of the question before answering, or clearly state any qualifications you believe are needed for complete accuracy. Be alert for leading or hypothetical questions. Some leading or hypothetical questions may result in a possible adverse conclusion. It may be more accurate to testify that you rely on your training and experience, and although you do read certain journals, articles and books in your field, you do not believe that any one text is completely authoritative.
Answer in your own words and answer only the questions asked. Do not volunteer any additional information. Answer the questions with words that you normally use and feel comfortable using. Answer only one question at a time. Pause before beginning each answer.
This gives you time to reflect on the question, and it also gives the UW attorney if one is present , or another attorney an opportunity to make any necessary objections. Listen carefully to objections; something can be learned about the question from the objection.
For example, an objection that a question is speculative may mean that you would need more information to be able to answer the question. If an objection is made to any question or answer, stop talking until you are directed to continue your testimony by the judge at trial , the UW attorney or the examining attorney at depositions. If there is no UW attorney at a deposition and you have serious concerns about answering a question, state that you need to consult with counsel and cannot answer until you have done so.
Do not provide those at the deposition with the basis for your concerns. If you do not understand a question, say so. Ask for clarification or for the question to be repeated. If requested, the court reporter will repeat a question as it was recorded. Do not guess or offer an opinion unless specifically requested to do so.
If you do not have personal knowledge, say so. Be willing to acknowledge the limits of your knowledge or expertise. Do not guess or offer an opinion unless it is specifically called for, and then answer only after waiting to hear if there is any objection.
Where appropriate, qualify your answers. Testify accurately based on your memory. It may be necessary to be vague about a date or fact if you are uncertain. If you are not sure, say so e. There is no need to apologize if you do not recall or know requested information. Avoid using absolutes unless you are certain they are accurate.
In testifying regarding conversations, make it clear whether you are paraphrasing or quoting directly. Do not offer or bring with you documents that have not been appropriately requested in advance. If an attorney wants to obtain documents, other legal procedures may apply.
This is especially true of dental records. If you are presented with and asked about a document, read it carefully before you begin to answer. If you do not recall the document, or do not know what the document says or what its author meant, then say so. Do not guess at what it might have meant. Speak slowly, clearly and audibly. The court reporter must hear every word you say in order to transcribe your testimony.
Let the examiner complete the question before you begin to answer. If warranted, make an oral statement about inappropriate actions. The transcript will reflect only what is said. It will not reflect, for example, that an attorney yells or hovers. If you are confronted with inappropriate actions such as these, you may say what is happening at the time, and the transcript will include the statement.
However, do not let yourself be provoked into an argument with the lawyers. After the summons and a copy of the complaint are served, or the complaint is filed, whichever shall first occur, any party may take the testimony of any person, including a party, by deposition upon oral examination. Leave of court, granted with or without notice, must be obtained only if the plaintiff seeks to take a deposition prior to the expiration of 30 days after service of the summons and complaint upon any defendant or service made under rule 4 e , except that leave is not required: 1 if a defendant has served a notice of taking deposition or otherwise sought discovery; or 2 if special notice is given as provided in subsection b 2 of this rule.
The attendance of witnesses may be compelled by subpoena as provided in rule The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes. Notice to a deponent who is not a party or a managing agent of a party may be given by mail or by any means reasonably likely to provide actual notice.
The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify the deponent or the particular class or group to which the deponent belongs. If a subpoena duces tecum is to be served on the person to be examined, the designation of the materials to be produced as set forth in the subpoena shall be attached to or included in the notice.
A party seeking to compel the attendance of a deponent who is not a party or a managing agent of a party must serve a subpoena on that deponent in accordance with rule Failure to give 5 days, notice to a deponent who is not a party or a managing agent of a party may be grounds for the imposition of sanctions in favor of the deponent, but shall not constitute grounds for quashing the subpoena.
The plaintiff's attorney shall sign the notice, and the attorney's signature constitutes a certification by the attorney that to the best of the attorney's knowledge, information, and belief the statement and supporting facts are true.
The sanctions provided by rule 11 are applicable to the certification. If a party shows that when the party was served with notice under this subsection b 2 the party was unable through the exercise of diligence to obtain counsel to represent him at the taking of the deposition, the deposition may not be used against the party.
The stipulation or the order shall designate the person before whom the deposition shall be taken, the manner of recording, preserving, and filing the deposition, and may include other provisions to assure that the recorded testimony will be accurate and trustworthy. A party may arrange to have a stenographic transcription made at the party's own expense. Any objections under section c , any changes made by the witness, the witness's signature identifying the deposition as the witness's own or the statement of the officer that is required if the witness does not sign, as provided in section e , and the certification of the officer required by section f shall be set forth in a writing to accompany a deposition recorded by nonstenographic means.
The procedure of rule 34 shall apply to the request, including the time established by rule 34 b for the party to respond to the request. In that event the organization so named shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters known on which the deponent will testify.
A subpoena shall advise a nonparty organization of its duty to make such a designation. The persons so designated shall testify as to the matters known or reasonably available to the organization. This subsection b 6 does not preclude taking a deposition by any other procedure authorized in these rules.
For the purposes of this rule and rules 28 a , 37 a 1 , 37 b 1 , and 45 d , a deposition taken by telephone or by other electronic means is taken at the place where the deponent is to answer the propounded questions. A Any party may video record the deposition of any party or witness without leave of court provided that written notice is served on all parties not less than 20 days before the deposition date, and specifically states that the deposition will be video recorded.
Failure to so state shall preclude the use of video recording equipment at the deposition, absent agreement of the parties or court order. B No party may video record a deposition within days of the later of the date of filing or service of the lawsuit, absent agreement of the parties or court order.
C On motion of a party made prior to the deposition, the court shall order that a video recorded deposition be postponed or begun subject to being continued, on such terms as are just, if the court finds that the deposition is to be taken before the moving party has had an adequate opportunity to prepare, by discovery deposition of the deponent or other means, for cross examination of the deponent.
D Unless otherwise stipulated to by the parties, the expense of video recording shall be borne by the noting party and shall not be taxed as costs. Any party, at that party's expense, may obtain a copy of the video recording. E A stenographic record of the deposition shall be made simultaneously with the video recording at the expense of the noting party. F The area to be used for video recording testimony shall be suitable in size, have adequate lighting and be reasonably quiet.
The physical arrangements shall be fair to all parties. The deposition shall begin by a statement on the record of: i the operator's name, address and telephone number, ii the name and address of the operator's employer, iii the date, time, and place of the deposition, iv the caption of the case, v the name of the deponent, and vi the name of the party giving notice of the deposition.
The officer before whom the deposition is taken shall be identified and swear the deponent on camera. At the conclusion of the deposition, it shall be stated on the record that the deposition is concluded. When more than one storage device is used to record the video recording, the operator shall announce on camera the end of each separate storage device on which the video recording is preserved, such as each tape or disk if any , and the beginning of the next one.
G Absent agreement of the parties or court order, if all or any part of the video recording will be offered at trial, the party offering it must order the stenographic record to be fully transcribed at that party's expense. A party intending to offer a video recording of a deposition in evidence shall notify all parties in writing of that intent and the parts of the deposition to be offered within sufficient time for a stenographic transcript to be prepared, and for objections to be made and ruled on before the trial or hearing.
Objections to all or part of the deposition shall be made in writing within sufficient time to allow for rulings on them and for editing of the video recording. The court shall permit further designations of testimony and objections as fairness may require.
0コメント