Ed McMahon Deposition -- Pain in the Neck

4/28/2009 7:49 PM PDT

Ed McMahon Deposition -- Pain in the Neck

Ed McMahon is dealing with a life and death struggle with bone cancer ... now there are new legal issues he must deal with.

Ed is suing Cedars-Sinai Medical Center in L.A. for allegedly misdiagnosing a broken neck. Cedars wants to take Ed's deposition. If Ed doesn't sit for his deposition, his case can be thrown out of court.

In legal papers filed with the court and obtained by TMZ, Ed's lawyer wrote a letter to the Cedars' lawyer saying Ed would be available for a depo, but it would have to be taken at the UCLA Medical Center because that's where he's been bedridden in ICU for three months.

The letter states, "He is not able to leave his hospital bed. Please suggest appropriate dates next week. Please be advised that Ed remains in ICU so medical precautions will be necessary at the direction of the attending UCLA staff."