We recently encountered a challenging situation; 30 witnesses to verify and serve, 2 days before the trial date. There were a myriad of reasons why the attorney was unprepared for trial but several incidents did come to light during this hectic process that we are passing along:

1. Consult with your trial prep person well before trial.

Meeting with your trial prep firm allows the investigator to become aware of the case facts, and now gives him/her the time to review, formulate and then execute an operations plan.  (There will always be last minute filings, service, subject locates… that have to be performed.  An experienced trial prep firm has resources already in place for those unforeseen final events.)

2. Basic Paperwork and Activity To Have Completed Pre-Trial

- Special Power of Attorney.  This should be obtained from the injured client from the outset.  (In this recent case, the client lived several states away and was not readily able to come up and sign authorizations.)

- HIPAA authorizations.  If there is a hint that the records may contain medical information, in NYS,  a duly executed HIPAA authorization form must be attached to the subpoena request for testimony and or records.

- So Ordered Subpoenas.  Generally, among other criteria, if a city, state or federal agency is involved, a So Ordered Subpoena (signed by a judge) must be obtained at the trial court.

- Subject Locates - Don’t do these yourself online at the common locator sites most amateurs use to locate loved or lost ones (they may have chosen to be that way for a reason).  Have your investigator conduct comprehensive locates, especially in cases that have gone on for a while, in substitutions and in any situation where time is short.

Tip:  When dealing with EMS documents, note the shield numbers.  If the shield number is 6,000 or above (e.g. Shield# 7206 or 6024) this is a private ambulance that has responded.  Do not subpoena the FDNY at MetroTech for the Ambulance Call Report.  They won’t have it.  In the section underneath “Comments” on the ACR, there is a field for Hosp #.  The number in that field reveals the hospital associated with the responding ambulance.   (There may be one of two numbers written into this field; a 3 digit number is the trauma center designation and the number in parens is the FDNY hospital code assignment.  Almost all EMS personnel use the paren’d 2 digit FDNY code.)  See below for NY County Hospital Codes. (For other boroughs: shoot us an email, we’ll send you the links.)

Hospital Information

• (Number in Parenthesis indicates FDNY Hopital Number)
• ‡ indicates trauma center designation

BNI Operatives: Street smart; Web savvy.

As always, stay safe.

Filed under: Trial Prep Tagged: | ACR, ambulance, ambulance call report, health, HIPPA, hospital, Hospital for Special Surgery, medicine, Mount Sinai Hospital New York, NewYork–Presbyterian Hospital, power of attorney, records, shield number, so ordered, supoena, testimony, trial prep, United States, Weill Cornell Medical College of Cornell University