Expert Testimony

[TPK]

Soc,

Re Vaccination issue (again)


Oct 4th is our trial date. You had said previously that having child's Dr testify as expert testimony would be better than Dr going on the stand and just saying "mother has refused vaccines at my office for XX reasons"

1. What if I ask Dr to give expert testimony and he refuses thinking he's gonna lose child as a patient and thus lose money?

Wife will certainly change doctors (again) if this guy is on the stand agreeing with my stance on the vaccines, no doubt about it.

2. Better to just subpoena him?

3. If I slap a subpoena on him he HAS to appear correct?


If the trial is Oct 4th, how soon should I  subpoena him to give him notice to appear?

I ~might~ be able to get a Pediatrician who is a family friend to testify, but I'd rather not get them involved if I don't have to.


What say you sir?


Thank You

TPK

[socrateaser]

>1. What if I ask Dr to give expert testimony and he refuses
>thinking he's gonna lose child as a patient and thus lose
>money?

When you ask, he will send you a copy of his rate card for expert testimony. When you read it, you will understand why he won't refuse.

>2. Better to just subpoena him?

If you do, his attorney will object and demand expert witness fees. And he will get them, so why bother spending money having your attorney appear and argue the issue. Just have your attorney contact him to appear as both an expert and a percipient witness.

>3. If I slap a subpoena on him he HAS to appear correct?

Yes.

>If the trial is Oct 4th, how soon should I  subpoena him to
>give him notice to appear?

If he's gonna show as an expert, the sooner the better (at least 30 days), because he has a calendar to clear. You don't want him annoyed while he's testifying for you.

[TPK]

"When you ask, he will send you a copy of his rate card for expert testimony. When you read it, you will understand why he won't refuse"

I'm guessing Doctors charge more per hour than attorneys do.



During one of the Dr visits with child (I was present) the Dr made wife sign a "refusal to vaccinate" form.


I know with HIPPA laws it's tough to get any medical info without consent.

I'd like to get ahold of that refusal document.

1. Would wife and I have to sign a waiver allowing medical records to be released?...or do I just have to sign?

Wife won't sign for sure, so I'm wondering how to get by this.

2. Is it common or uncommon for medical issues to be addressed in a divorce decree?...have you ever seen this??

For question #2 I'm referring medical issues other than special needs ie disability, some form of a handicap etc.


Thank you


TPK

[socrateaser]

>1. Would wife and I have to sign a waiver allowing medical
>records to be released?...or do I just have to sign?

Depends on your court orders, and NY law. I don't remember if you have temp joint custody or not. If you do, then only you need to sign. If you don't, then I don't know, because NY law could still permit you access to the info. Federal law permits state law to authorize access to specific persons, such as by state court order/subpoena or parties with joint custody, etc.

>
>Wife won't sign for sure, so I'm wondering how to get by
>this.

This is evidence reasonably calculated to lead to the discovery of admissible evidence, therefore it is discoverable, whether your spouse wants it produced or not. If she were to resist, you could file a motion to compel, and the court would order the documents produced and charge her with your attorney fees and filing costs for wasting the court's time.

>2. Is it common or uncommon for medical issues to be addressed
>in a divorce decree?...have you ever seen this??

Common.

>
>For question #2 I'm referring medical issues other than
>special needs ie disability, some form of a handicap etc.

I've never run into vaccination as an issue, in particular, but there's nothing unusual about a court making certain that a child's best interests are protected from parental ignorance and/or hostility.