Many times the attorney can and will arrange for the physician's testimony to be taken in the form of a video deposition. This deposition can then be played in court for the judge or jury in lieu of the physician's presence. Taped testimony allows for flexibility in the trial schedule and prevents multiple appearances if the trial is postponed at the last minute. If a video deposition is not possible, the physician can negotiate the most convenient time for his or her appearance. If the physician is truly unavailable for the hearing or trial, this should be communicated so that a continuance can be sought.
Cooperation takes all parties.
If the matter cannot be resolved, then the physician may be forced to take legal action to have the subpoena quashed or the matter continued. An attorney can file an objection to the subpoena for several reasons, some of which will be discussed later. It is possible to have a subpoena quashed for the reason that it is unduly burdensome or unreasonable. This is often the case when the physician's testimony is required in two days and he or she has scheduled patients or surgery. Always consider the confidentiality of the patient's records.