Deposition fee

[circleK]

Have a deposition on a suit I am not named in. What is the typical hourly fee I should be asking for?

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[caligas]

Have a deposition on a suit I am not named in. What is the typical hourly fee I should be asking for?

At a bare minimum $500 per hour with a four hour guarantee, or simply notify them that you will be losing a day in the OR and give your daily compensation rate plus something for the aggravation of having to get your shift covered.

If they balk at your price inform them that you will not be able to provide your testimony. If you are pressured or forced to testify by summons, then make sure you inform the attorney that you will only confirm the most basic facts and will read your own notes from the medical records and will only cooperate to the degree that is legally required of you.

Try to target your communications, not so much as FU but more along the lines of “I value my time and I am busy and don’t work for free”

And if it’s not a well-known or well reputed attorney office I’d get paid something upfront, but hopefully it’s a decent firm you are dealing with.

 

[gudog]

Also, make sure you require them to pay when they cancel at the last minute
I don't think I've ever had one that didn't re-schedule at least once

 

[Maz777]

Whatever you decide, make sure you are paid upfront.

 

[urge]

At a bare minimum $500 per hour with a four hour guarantee, or simply notify them that you will be losing a day in the OR and give your daily compensation rate plus something for the aggravation of having to get your shift covered.

If they balk at your price inform them that you will not be able to provide your testimony. If you are pressured or forced to testify by summons, then make sure you inform the attorney that you will only confirm the most basic facts and will read your own notes from the medical records and will only cooperate to the degree that is legally required of you.

Try to target your communications, not so much as FU but more along the lines of “I value my time and I am busy and don’t work for free”

And if it’s not a well-known or well reputed attorney office I’d get paid something upfront, but hopefully it’s a decent firm you are dealing with.

Never heard of this.

You get paid for being deposed if it’s not your suit? Who pays? The plaintiff?

What’s different from being an expert witness?

 

[caligas]

Never heard of this.

You get paid for being deposed if it’s not your suit? Who pays? The plaintiff?

What’s different from being an expert witness?

You are either a fact witness or an expert witness. Experts always get paid, fact witness only if agreed upon. The side calling the witness pays, regardless. In this case seems the OP is being called upon as a fact witness. He should expect to be compensated for his lost wages. The attorneys can compel him to testify without compensation by subpoena, in which case the OP should make it clear that he be of little value as legally possible to the lawyer. “I will only read from my personal notes on the medical records and provide no opinions or explanations.”

Even regular Joe fact witnesses in a tort case can be compensated for their lost wages, and the OP presumably is an anesthesiologist making $2k+ a day. Add to this the fact that juries often respect the testimony of doctors, the OP may be of considerable value to the case.

 

[aneftp]

You are either a fact witness or an expert witness. Experts always get paid, fact witness only if agreed upon. The side calling the witness pays, regardless. In this case seems the OP is being called upon as a fact witness. He should expect to be compensated for his lost wages. The attorneys can compel him to testify without compensation by subpoena, in which case the OP should make it clear that he be of little value as legally possible to the lawyer. “I will only read from my personal notes on the medical records and provide no opinions or explanations.”

Even regular Joe fact witnesses in a tort case can be compensated for their lost wages, and the OP presumably is an anesthesiologist making $2k+ a day. Add to this the fact that juries often respect the testimony of doctors, the OP may be of considerable value to the case.

Well Indiana laws says u get paid $5 plus mileage if a “fact witness”. An expert witness is a different ball game

Are Medical Providers Entitled to Reasonable Payment For Their Time Participating in a Deposition? - Riley Bennett Egloff LLP

Many lawyers struggle with the question of whether medical providers (or other professionals) should be paid for their time participating as witnesses in legal proceedings.

rbelaw.com

 

[aneftp]

These hand docs are not cheap. $1100/hr for their time

https://tmihi.com/wp-content/uploads/2014/06/Deposition-Fee-Schedule2.pdf

 

[caligas]

so what does a hand doc in Indiana get?

 

[ChiDO]

I think my group charges like 2-3k/hr for court room testimony. Plus travel, paid in advance, and like 6-8 week no refund policy. Your time is valuable.

Expert witness is higher and negotiable.

 

[aneftp]

so what does a hand doc in Indiana get?

No clue. I was just pointing to “fact” witness vs “expert witness”. Fact witness is merely stating the fact “I wrote this note about potassium of 6.2” those are “facts” and apparently you don’t give an opinion and get basically nothing.

If you were to give an “expert” opinion as anesthesiologist that a potassium of 6.2 is still “safe” to proceed in renal patients because they are chronically hyperkalemic. Than you can charge more. I can it can get testy on the stand or depo if the attorney tries to get your opinion and you say you ain’t doing it for free.

 

[BobBarker]

I charge $2000 per hour.

 

[narcotics999]

You are either a fact witness or an expert witness. Experts always get paid, fact witness only if agreed upon. The side calling the witness pays, regardless. In this case seems the OP is being called upon as a fact witness. He should expect to be compensated for his lost wages. The attorneys can compel him to testify without compensation by subpoena, in which case the OP should make it clear that he be of little value as legally possible to the lawyer. “I will only read from my personal notes on the medical records and provide no opinions or explanations.”

Even regular Joe fact witnesses in a tort case can be compensated for their lost wages, and the OP presumably is an anesthesiologist making $2k+ a day. Add to this the fact that juries often respect the testimony of doctors, the OP may be of considerable value to the case.

I got paid ZERO for a fact witness to the State Board, lol

 

[circleK]

Thank you for all the replies
Yes this is as a fact witness

 

[aneftp]

Thank you for all the replies
Yes this is as a fact witness

If you work for federal or state as w2 employee. It’s great.

Not a good deal if private practice to have to roll in as fact witness.

Grey zone if u are a w2 hospital employee. Can get a an admin day off to go get depose