Case Discussion

Linda is the HIM director at Mercy Hospital. She is served with a subpoena duces tecum, directing her to appear at the law offices of John Jansen, Attorney at Law, for a deposition that will take place in two weeks. Mr. Jansens office is 100 miles from Mercy Hospital.

Linda appears at Mr. Jansens office at the appointed date and time. She was recently relieved to learn that Mercy Hospital is not a party to the lawsuit. The parents of a 15-year-old boy are suing the local school district because their son fell out of an apple tree while involved in a school-sponsored activity, and he was subsequently treated at Mercy Hospital.

Paragraph 1:

Must Linda respond to the subpoena?

How should she respond?

Must Linda attend the deposition?

Does she have any other options?

Paragraph 2:

What information may Linda provide when asked about the record?

The attorney for the plaintiffs asks Linda to read entries from the record. May she?

The record indicates that the patient was given aspirin. The plaintiffs attorney asks Linda if the aspirin was given to the patient for pain. From documentation that details his pain, it is apparent that it was. How may Linda answer this question