Claims & Litigation FAQ

This internal website is strictly for UCSF employees, please do not share this information with non-UCSF individuals. Please refer them to our public website at: healthriskmanagement.ucsf.edu

 

1) What is a subpoena?

A subpoena is an order issued by the court to compel deposition or trial testimony from an individual in a civil or criminal matter. A subpoena may further order the production of original records within the custody and control of the individual to whom the subpoena is addressed. Unless alternative arrangements are made, individuals served with a deposition or trial subpoena are obligated to comply as specifically indicated by the terms of the subpoena. Please review our "What to do when a Process Server shows up to your clinic?" section for more details.

2) What is a claim?

For purposes of the UC Regents Professional Liability Self-Insurance Program, a claim is considered any written request for monetary compensation arising out of the provision of clinical care services or a notice of intention to bring a lawsuit. If you receive a written request for compensation on behalf of a patient or a notice of intent to bring a lawsuit, please forward it immediately to the UCSF Health Risk Management department at campus box# 0207 or via fax at (415) 353-8566. The Risk Management department will respond on your behalf and forward the claim to our third party claims administrator. Please review our "Claims and Litigation Information" section for more details.

3) An attorney has requested my deposition in a non-UCSF litigated matter. How should I respond? May I charge for the time my deposition will take?

Please contact the Risk Management Department for assistance. The attorney that is requesting your deposition will need to place his/her request in written notice or subpoena. Risk Management will need to review the written notice or subpoena for deposition and assess the need to retain legal counsel to represent you at your deposition. If applicable, we will retain legal counsel thru the UC Regents self-insurance fund at no cost to you. This will ensure that your interests and those of UCSF Health are protected for the purpose of minimizing any potential medical-legal risk. As a treating physician giving testimony about care and treatment, you may charge a reasonable and customary fee for providing deposition testimony. Please review our "Claims and Litigation Information" section for more details.

4) I have been served with a subpoena to testify at an upcoming trial relative to a non-UCSF litigated matter. How should I respond? May I charge for my time?

You are obligated to testify in court if you have been served with a subpoena, unless alternative arrangements are made. If you have been subpoenaed to testify in a civil case, you may charge your reasonable and customary fee, including travel time to/from the courthouse. In criminal cases, it is within the discretion of the judge as to whether you may be compensated for your time in testifying within your area of expertise. The Risk Management department will be happy to contact the attorney who issued the subpoena to obtain further information on your behalf. Please review our "What to do when a Process Server shows up to your clinic?" section for more details.

7) A law firm wants to hire me as their expert witness. Now what?

It is your choice to serve as an expert witness in a legal case. Please contact UCSF Health Risk Management if you have questions. Please review our "Claims and Litigation Information" section for more details.

For subpoenas, legal documents and/or requests questions, please call us at (415) 353-1842 opt 3, or email us at [email protected]. Our office hours are Monday through Friday, 7:30am to 5:00pm PST.