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SUMMONSES AND SUBPOENAS

In general, you should accept a summons or a subpoena only if you are the person named, or if you serve the function named, or if the person named has specifically authorized you to accept service on his or her behalf.

If you receive a summons and complaint naming you as a party to the action, you should notify the Risk Manager at your hospital, or the Office of the General Counsel, Risk Management (617-726-2111) immediately, so that legal representation may be arranged promptly.

If you receive a subpoena to testify in court or at a deposition in a case in which the hospital or another physician on the hospital's staff is a defendant, you should notify the Risk Manager at your hospital , or the Office of the General Counsel, Risk Management (617-726-2111) as soon as possible.

If you receive a subpoena to testify in court or at a deposition in a case in which neither the hospital nor another physician on the hospital's staff is a defendant, you may consult the Risk Manager at your hospital or, the Office of the General Counsel, attorney on call (617-726-8625) for advice.

If you receive a subpoena which seeks the production of a patient's hospital record, you should direct the attorney who sent the subpoena to issue a subpoena to the Keeper of the Medical Records and have it served on the Health Information Management Department.

For further information, you may consult the memorandum on Procedures for Handling Summonses and Subpoenas circulated by the Office of the General Counsel.

 
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