Handling requests from attorneys

Russell G. Thornton, JD

From Stinnett, Thiebaud & Remington, LLP, Dallas, Texas.

Corresponding author: Russell G. Thornton, JD, Stinnett, Thiebaud & Remington, LLP, 4800 Fountain Place, 1445 Ross Avenue, Dallas, Texas 75202 (e-mail: rthornton@strlaw.net).

The most frequent non–lawsuit-related questions that we receive from physicians relate to contact by an attorney about a current or former patient. Most frequently, this contact is in the form of a records request or a notice of claim letter. These 2 situations are relatively uncomplicated. The proper response is clear and straightforward. The situations that require more thought involve requests to (a) interview or meet to discuss the patient's care and condition, (b) provide a report or narrative about the patient's care or condition, (c) review the patient's care or condition in the capacity of an expert witness, (d) provide deposition testimony about the patient's care or condition, and (e) testify about these matters at trial. This article discusses considerations for each of these circumstances.