Hello all. My surgeon is no longer willing to testify because he has been "burned" too many times in the past. He indicates each time he is told it will take 4 hours, it ends up taking 8 and then all of his other appointments are behind and need rescheduled. In addition, he said that he is told it is only 1 time.... but it has always turned into multiple depositions or being requested into court. He said he will answer any questions by written response and of course we would have access to all of the medical file.
Has anyone else experienced this, where their Expert Witness is NOT willing to do the deposition? We asked our Attorney if we can just Subpoena him into court and she said she absolutely will NOT do that because it will upset the Doctor.... well, what other choice do I have? He would be under oath, so even if upset, he has to speak the truth, correct?
Any insight or experience would be greatly appreciated.