Called for Deposition in Ob-Gyne case

[candan]

What is the name of your state? IL

I did my residency training in Ob-Gyne in IL. The hospital I trained at has contacted me: I've been called to give a deposition in IL. The depostion involves a case when I was in my first year of training and I really don't remember the patient. The reason I was told I've been called is because 'everyone in the chart has been named' and 'I've been identified by my pager number.'

I now live in Flordia; I actually have temporarily given up my practice while I raise my son (am also currently pregnant with second child).

My questions are:

1. Can I give the deposition over the phone?

2. Or can I give a written deposition? ie, Can questions be forwarded to me and I answer them in writing?

2. If I somehow wrangle a way to travel to IL, can I ask the hospital to pay for my travel expenses?

Time and money are just too tight right now.

Worn out Mom who used to be an Ob

 

[barry1817]

testimon

What is the name of your state? IL

I did my residency training in Ob-Gyne in IL. The hospital I trained at has contacted me: I've been called to give a deposition in IL. The depostion involves a case when I was in my first year of training and I really don't remember the patient. The reason I was told I've been called is because 'everyone in the chart has been named' and 'I've been identified by my pager number.'

I now live in Flordia; I actually have temporarily given up my practice while I raise my son (am also currently pregnant with second child).

My questions are:

1. Can I give the deposition over the phone?

2. Or can I give a written deposition? ie, Can questions be forwarded to me and I answer them in writing?

2. If I somehow wrangle a way to travel to IL, can I ask the hospital to pay for my travel expenses?

Time and money are just too tight right now.

Worn out Mom who used to be an Ob

I doubt that you can give a deposition over the phone or answer questions--deposition v. interogatories.

You should be eligible for witness fees which should include travel costs.
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I would also recommend that you contact your malpractice carrier to discuss this, and you definitely want to speak to legal counsel about such things as getting a copy of the chart for review prior to the depositon- or the strategy of not reading the chart and going in with not knowledge and relying completely on the chart.

I would also suggest that you not go into any deposition without legal counsel, as there may be questions that you should not be answering and you need somebody in that room to protect you from those questions and to make sure that you don't step into a heap of problems.

I hope that your writing is legible as that will become an issue if your can't recall and can't read your writing.

Good luck with this.

[email protected]

 

[You Are Guilty]

What is the name of your state? IL

I did my residency training in Ob-Gyne in IL. The hospital I trained at has contacted me: I've been called to give a deposition in IL. The depostion involves a case when I was in my first year of training and I really don't remember the patient. The reason I was told I've been called is because 'everyone in the chart has been named' and 'I've been identified by my pager number.'

Very common. You'll see everyone from the nurses, to the interns, to the residents, to the attendings, to the janitors named in such suits, usually in order to compel them to appear for a deposition. However, your issue is slightly more complicated than it may seem at first blush. See below.

I now live in Flordia; I actually have temporarily given up my practice while I raise my son (am also currently pregnant with second child).

Congrats!

My questions are:
1. Can I give the deposition over the phone?

That depends.

First, it depends on whether you were "named" as a defendant in the lawsuit, and if so, whether you were served with a copy of the summons and complaint. If the answer to either of these questions is "no", then you do not "need" to appear for a deposition at all - it's entirely voluntary on your behalf.

Second, even if the answers to both of the above questions were "yes", if you are a resident of FL now, you are not subject to the IL courts merely because someone served you (you'd need to have some sort of ongoing contact with IL). Which, yet again, means any deposition would be voluntary. (With one exception that doesn't apply here, only named defendants in the forum state, or with some sort of ongoing relationship with the state, "need" to appear for depositions, but they have to be given a copy of the complaint first.)

In such a case, the attorneys who want you to read your chart notes at the dep would probably accept a telephone deposition rather than not having anything at all.

2. Or can I give a written deposition? ie, Can questions be forwarded to me and I answer them in writing?

Potentially - the answer above applies to written questions (interrogatories) just as much as telephone depositions.

2. If I somehow wrangle a way to travel to IL, can I ask the hospital to pay for my travel expenses?

If it's a voluntary deposition, then you can ask for whatever you want, and if it's not offered, you can decline to do it. That simple. (Of course, you need to be sure it's voluntary!)

In addition, years ago when I used to do med mal defense, what typically would happen is that the named Hospital defendant would usually provide legal representation to any named interns and residents, at no cost to them, using the Hospital's insurance. So you may want to explore that possibility with Risk Management.


Edit: To clarify the answer to your first question, before someone jumps on me, I should also mention that there is technically a way to compel a non-party to appear for a deposition, but it also involved you being served (albeit with, at a minimum, a subpoena), so, just to be absolutely clear, if you haven't been served with any of these documents, it's a voluntary deposition.

 

[candan]

What does it mean 'to be served'

Thanks for those who replied to my first message. I appreicate your answers.

I have rather basic questions: what does it actually mean, 'to be served" a summons and complaint? Does it mean an officer comes to my door and gives me a piece of paper? Or does being served also mean just receiving a mailed letter from the hospital attorney?

For my case, an attorney representing the hospital I trained at just called me out of the blue, saying they need me for a deposition. They said I was named in the case because technically my pager was noted in the chart. They said I was not named by name. Is that possible- can you be named by pager number but not by name?

How do I make sure my deposition is supposedly voluntary? Ask the attorney who is asking me to give the deposition?

 

[ecmst12]

I don't think you can be named as a DEFENDANT without being served, however you could just be named as a witness. Find that out. Sometimes mail service of a lawsuit is ok, but either way you would definitely have to receive paperwork about it, not just a phone call from a lawyer.

 

[You Are Guilty]

Being served means someone either personally hands you the papers, or you get a copy of them stuck on or under your door and/or in the mail. A phone call is not sufficient.

While it is impossible to say for certain without seeing the paperwork, it sounds like you are merely a non-party witness to the case, not a defendant. (Of course, you could be a defendant based solely on your pager number - while you wouldn't be listed by name (yet), there would be a 'John Doe' in the case's caption).

Non-party witnesses, esecially those from out of state, have no obligations or duties under the law. About the only thing that I can think of that might "compel" your appearance would be the plantiff's threat to name you as a direct defendant, and the Hospital saying that if you don't comply with their requests, they won't cover (defend) you under their insurance, forcing you to provide your own defense. So, it can get a bit complicated.

If you are interested in helping, first thing is to ask for a copy of the chart and review it, then decide if you even want to offer a telephone or written deposition. i.e. If you see something in the chart that's "bad", cooperating might not be the best idea.

 

[barry1817]

Thanks for those who replied to my first message. I appreicate your answers.

I have rather basic questions: what does it actually mean, 'to be served" a summons and complaint? Does it mean an officer comes to my door and gives me a piece of paper? Or does being served also mean just receiving a mailed letter from the hospital attorney?

For my case, an attorney representing the hospital I trained at just called me out of the blue, saying they need me for a deposition. They said I was named in the case because technically my pager was noted in the chart. They said I was not named by name. Is that possible- can you be named by pager number but not by name?

How do I make sure my deposition is supposedly voluntary? Ask the attorney who is asking me to give the deposition?

Profession codes seem to mandate that all persons treating a patient be trackable either by name, initials, pager number or other identifying notation. The pager will easily be traced to you, so it then becomes important as to what your chart notations are that correlate to your pager number listed on the chart.