My Doctor Has Been Subpoenaed for a Deposition!

I have a truck wreck case pending in Tennessee and the trucking company has subpoenaed my doctor for a deposition.  Can they do that?

Yes, if the doctor gave you treatment for injuries that arose out of the accident he or she can be required to give testimony about their treatment for those injuries.  That deposition can be taken by your lawyer or the trucking company's lawyer.  Your lawyer (and you) have the right to be present at the deposition.

If the doctor gave you treatment for a unrelated condition, the question is more difficult to answer.  If your lawyer believes that the inquiry into treatment by this provider is wholly unrelated to the wreck and an invasion of your privacy, he or she can ask the court to stop the deposition.  The court will let the deposition proceed if it determines that doctor has information that is admissible at trial or is likely to lead to the discovery of admissible evidence.

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About John A. Day

I am a fifty-three year old lawyer who is fascinated by the law of torts. I have studied the field for over twenty-nine years. I represent plaintiffs in personal injury and wrongful death cases.

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