Year: 2005
Resolution Number: 71
Action Taken: Approved
Status:
Author(s): Patrick J. Droste, MD
Sponsor: Domenic R. Federico, MD
On behalf of: Kent County Delegation
Committee: C (Internal Affairs and Public Service) [Pre-2014]
Resolved Section(s):
RESOLVED: That MSMS encourage legal entities to: 1) speak directly with the physician before sending a subpoena for a court appearance with the physician regarding the necessity of court appearance, and 2) provide the opportunity for consideration of a video deposition or non-video deposition to be considered before demanding a court appearance.RATIONALE: The Committee heard several anecdotes about inconvenient and discourteous demands on physicians regarding the subpoena process. It is clear that existing court rules aren’t always applied and vary from locality to locality. The Committee believed this will be best solved locally and that MSMS can be instrumental in encouraging efforts to improve local processes.
RESOLVED: That MSMS encourage legal entities to: 1) speak directly with the physician before sending a subpoena for a court appearance with the physician regarding the necessity of court appearance, and 2) provide the opportunity for consideration of a video deposition or non-video deposition to be considered before demanding a court appearance.RATIONALE: The Committee heard several anecdotes about inconvenient and discourteous demands on physicians regarding the subpoena process. It is clear that existing court rules aren’t always applied and vary from locality to locality. The Committee believed this will be best solved locally and that MSMS can be instrumental in encouraging efforts to improve local processes.
Fiscal Note: NULL
Resolution: View PDF for Unfair Subpoena Petitions