You aren’t being sued, but the doctor is. A lawyer for the plaintiff subpoenas your doula notes and demands you sit for a deposition. You are terrified of saying the wrong thing that could implicate you or the doctor. You call your insurance agent, asking, “Do I get a lawyer?”
Key Takeaways
- Deposition Expense Coverage: Standard policies cover defense if you are named. They often do not cover legal fees if you are just a witness, unless you have a “Deposition Assistance” rider.
- The “Incident Trigger”: You must report the subpoena immediately. Even if you aren’t sued yet, the deposition is the prelude to being added to the lawsuit.
- Subjective vs. Objective Notes: “Dr. Smith seemed angry” (Subjective = Bad). “Dr. Smith raised voice to 80 decibels” (Objective = Better).
- HIPAA & Privacy: In 2026, handing over digital notes requires strict adherence to privacy laws. Don’t just email the PDF.
The “Why” (The Trap): The “Witness” Gap
Malpractice insurance is designed to defend you against a claim. If you receive a subpoena to be a witness, technically, no claim has been made against you yet.
Many carriers will say, “Call us when you get sued.” But if you go into that deposition alone and admit fault, you will be sued. You need a policy that provides “Disciplinary & Deposition Coverage.”
The Investigation: Defense Coverage Limits
I checked the “Supplementary Payments” section of policies.
1. CM&F Group
- My Analysis: Usually includes up to $5,000 or $10,000 for “Deposition Representation.” This pays for a lawyer to sit next to you and kick you under the table if you talk too much.
- Verdict: Essential.
2. NCMIC (Midwives)
- My Analysis: Strong defense coverage. They understand that throwing the midwife under the bus is a common tactic, so they assign counsel early.
3. Generic Business Liability
- My Analysis: Zero coverage for depositions. You pay the $450/hour lawyer fee out of pocket.
Comparison Table: Legal Support Limits
| Carrier | Defense if SUED | Lawyer for DEPOSITION? | Audit Costs? |
| Premium Malpractice | $1M+ | Yes ( 5k−5k− 10k limit) | Yes |
| Budget Policy | $1M | No | No |
| Membership Plans | No | Maybe (Consult only) | No |
[IMAGE: Graphic showing ‘The Do’s and Don’ts of Doula Charting’]
Step-by-Step Action Plan
- Read the Subpoena: Do not ignore it. There is a deadline.
- Call Insurance Immediately: Report it as a “Potential Claim.” Ask specifically for “Pre-Claims Assistance” or “Deposition Coverage.”
- Secure Your Notes: Lock the file. Do not edit, delete, or “clean up” your notes after receiving the subpoena. That is “Spoliation of Evidence” and is a crime.
- Review with Counsel: Do not turn over a single page until a lawyer reviews them. You may be able to redact unrelated personal info.
FAQ Section
Can I refuse to give my notes?
Not usually. A subpoena is a court order. However, you can fight the scope of it with a lawyer.
Should I keep notes at all?
Yes. “If you didn’t chart it, it didn’t happen.” Good notes are your best defense against false accusations.
What if my notes are on paper?
Scan them immediately. Paper gets lost. Create a digital backup today.