Case Study: Subpoena Strategy

Dr Young was working as an intern in the Emergency Department when she saw Rob Smith. Rob gave a history that he had been punched in the face by a security guard outside a hotel. The intern performed a careful physical examination and ordered x-rays which revealed an undisplaced nasal fracture.

Some months later, the intern received a request from medical administration for a statement regarding her management of the patient. The police had requested the report because the alleged assailant had been charged with assault. Dr Young was provided with the relevant medical records and a signed authority from the patient. She prepared a brief, factual report as follows:

"On 1 June 2004, I was working as an intern (first year medical graduate) in the Emergency Department, Royal Perth Hospital. I saw Mr Robert Smith at approximately 8.30pm. Mr Smith stated that he had been punched in the face by a security guard earlier that evening. On examination, Mr Smith was alert and orientated. A 4cm diameter purple, tender bruise was noted under the right eye (infra-orbital margin). Diffuse tenderness and bruising was also noted over the bridge (top) of the patient's nose. There were no other abnormal findings on physical examination. Facial x-rays were performed which revealed a fractured nose and no other abnormalities. Mr Smith was provided with a referral to the Ear, Nose and Throat Clinic for management of his fracture and he was discharged from hospital at 11pm. I have not seen Mr Smith since the consultation on 1 June 2004."

Twelve months later, Dr Young received a subpoena requiring her attendance at Court in Perth in relation to this matter. At this time, she was working in Melbourne. Dr Young contacted MDA National for assistance. She was advised to contact the solicitor who had issued the subpoena and inform the solicitor of her current place of work and provide the solicitor with her contact details. Arrangements were made for Dr Young to give evidence by telephone, if required. Dr Young sent a fax to the solicitor confirming the arrangements that had been made. She also sought further advice from MDA National about giving evidence in Court. On the scheduled day of the hearing Dr Young was contacted by the solicitor and advised that she would not be required to give evidence.

[NOTE: If you are required to attend Court and give evidence the party that has subpoenaed you to give evidence is required to pay your reasonable travel expenses and loss of income for attendance at Court.]