HelloMy name is XXXXX XXXXX I look forward to discussing this and providing you information in this regard.I suggest only the attorney who signed the Subpoena can release you and assign another date.I suggest you have to call her and tell her that you are having a pre planned surgery and that you can provide a Doctors letter attesting that you are having surgery. You will need to request that she release you from this date and reschedule. Or perhaps ask her if the deposition can be done at your home or in your hospital room if you are still going to be hospitalized at that time.I suggest you also tell her that you need to have release forms in order to provide patient confidential records. And that you will be contacting your patient in that regard. It is up to you to get the written release form. If you do not get released from the Subponea and reschedule the date then she can have you arrested and you don't want that.
I hope that this information is helpful. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Thanks again for using this service. Your business is appreciated.
I doubt that the attorney will release me from the subpoena. And the surgery is removing a tumor from my neck and jaw.....may not even be able to talk without difficulty....won't know until surgery is completed. That will leave one day to address this if I am unable to attend. I know about confidentiality have never gotten a records subpoena with out attached releases. Will send her a letter requesting releases.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).