Question regarding subpoena

Nurses General Nursing

Published

  1. Should I ignore it until Tuesday since I never personally received a subpoena?

    • 2
      Yes
    • 3
      No

5 members have participated

I'm not asking for legal advice. But it would be nice of anyone who has gone through a similar process can give me some answers.

I work night shift. 2 years ago there was a patient who came in unconscious (suicide attempt) after POSSIBLY committing a murder. When I took care of this patient they were intubated on a ventilator and unable to talk. On a shift where I was not working, the patient had the tube removed and confessed the murder.

Now fast forward, they just started getting to trial. His public defenders requested to depose everyone who took care of this patient. I complied and let them know that I had not talked to the patient at all and that he had a tube in his throat.

So I get a voicemail today 01/19 from my risk management department saying I m being subpoenaed for Monday 1/22. My risk management department was notified by the defense lawyers. In the voicemail, risk management said the defense lawyers are the ones who subpoenaed me. I work night shift, so i sleep all day. My risk managent department is now closed. I tried contacting my risk management department, but they're not back in office until Tuesday because they will be in court Monday.

My questions:

1.I was given less than a week notice, is this legal?

2.I work Sunday night. have a dental appointment Monday and the office is closed for the weekend, i cant cancel on Monday or there is a $50 fee. Can I request to quash the subpeona?

3. I was never officially served the subpoena. I was unable to talk with risk managemnt and never received anything in the mail. Can the defense lawyer subpoena me through my employer? Am I considered served?

I Don't want to be held in contempt or get a criminal record. I thought subpoenas had to be served directly to the person it is requesting. Any info is appreciated. Thank you

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Specializes in ER.

If you haven't received the paper, you haven't been subpoenaed, you've heard a rumor. When you do get the official paper, this is a work related issue, and they should alter your work schedule so you will be rested and prepared to testify. Don't even think about testifying after a night shift, you'll wind yourself up in knots. Notify your employer (if they don't change the schedule on their own) that you will be unable to work on that date because you have been subpoenaed, and let them treat it like a sick call, it's THEIR problem, not yours.

I bet there is a minimum notice when you're subpoenaed, and I also bet it's not one business day! See if google can tell you. When I had to testify, I knew months in advance.

Good luck

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Thank you canoehead. I've been googling like crazy! I work Saturday and Sunday, so this was my only night to look this stuff up. Everything I've read about PA law says I would have been served a subpoena. But nothing was clear on if risk management could accept one for me, because I am involved through the hospital.

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Specializes in Critical care.

Maybe contact your manager or supervisor? There has to be a way for somebody to get in touch with risk management for you.

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Maybe next time they should deal with you directly instead of relying on a voicemail. Go on about your business. They can reschedule you at a time when you are able to comply.

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Whether you were given enough notice, the amount of money you are entitled to and whether you were properly served are all, in fact, legal questions.

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