The Obligations and Consequences
This paper is designed to assist Louisiana physicians who receive subpoenas for testimony and/or records in understanding their rights and obligations which evolve upon receiving a properly issued and served subpoena.
The Medical/Legal Inter professional Committee has been asked to review hundreds of disputes between physicians and lawyers arising out of conflicts created by subpoenas. Most of these conflicts could have been avoided had the physician and the attorney simply communicated with each other. It is strongly recommended that the attorney issuing the subpoena communicate in advance with the physician about the time, place and circumstances for which the physician is being subpoenaed. Similarly, the physician, upon receipt of the subpoena, should endeavor to communicate directly with the attorney regarding the date, time and circumstances in which his testimony is commanded. Simply stated, a simple phone call or letter will resolve most of the conflicts which arise out of the issuance of subpoenas.