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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I am an ER physician who lives in arizona my full-time job

Customer Question

I am an ER physician who lives in arizona my full-time job is in arizona. I am an asst professor at loma linda univ medical center and work 2 shifts a month in the ER which is in san bernardino county calif. I took care of a patient who was hit by an accused drunk driver
the state of calif (san bernardino county DA ) is prosecuting the accused drunk driver
I have been subpoenaed to appear in court in san bernardino calif. I took care of the patient hit by the accused for approx 20min. The patient was hospitalized with open fracture of the left leg--the patient was admitted to the trauma and orthopedic service and was hospitalized for about 1 week. My involvement was minimal at best with many other surgeons involved who know much more about the patient than I do. The assistant DA is demanding I travel out of state from my home state of arizona to calif. I have not been offered any compensation or guarantee of payment for my time off work, hotel, rental car or airline expense. I asked the DA to consider seeking other surgeons who know more about the patient's injurys and who live in the local area but was summarily told that she would not subpoena any one else. Do I have any options
Submitted: 1 year ago.
Category: Legal
Expert:  Loren replied 1 year ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 1 year ago.

If you are a resident of Arizona the California court has no jurisdiction over you to enforce, let alone, issue a subpoena, to compel you to travel from AZ to CA.

Expert:  Loren replied 1 year ago.

However, if you find yourself regularly in CA and they served you in CA then you will need to retain an attorney to quash the subpoena. You can use doctor patient confidentiality, lack of particularity, etc.

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