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I am going through a divorce about 2hrs away by plane. A trial has been set for Oct. I am awaiting a very serious operation which will take place in Nov. I am told that the judge will not honor a doctors note and is basically forcing me to travel. His orders are to travel only for medical purposes...because the operation will take place in another state. I have a superpubic catheter inserted in through my bellly and into my bladder. The tube gets clogged at times and needs to be pulled out and another one needs to be inserted by a doctor or PA. I do nnot feel comfortable traveling at this time.
I will advise the airlines of having this note, they''ll probably refuse me as a passenger. Can a judge overrule a surgeons orders.?
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Anonymous:
In essence, yes, a judge can overrule a surgeon's note. In reality, however, it sound like it's not so much a matter of the judge overruling the surgeon as the judge refusing to alter the date of the trial, which of course conflicts with the surgeon's recommendations.
I'm not sure what court or jurisdiction you're in, but most judges will not cancel or strike a trial date unless a new one is set. The judge's leniency on re-setting a trial date is largely dependent on how long your matter has been ongoing and its history.
You would likely be better served by motioning the Court to strike the trial date and have a new date set about two months out (or a date that will not conflict with your medical issues). Upon explaining the circumstances, the judge may work with you.
If not, then you are essentially faced with a dilemma of making a choice between your legal issues and your pride. That's a choice you'll have to make.
This information is not intended to, and does not, create an attorney-client relationship. It is for informational purposes only.
Answered on Sep 09th, 2011 at 4:42 PM