Expert vs Fact Testimony

[crewmaster1]

---

Members don't see this ad.

I wanted to get some opinions on testifying since I recently got a subpoena. The case is in regards to a patient that was assaulted and I am being required to testify by the prosecuting attorney. I have alread told him I remember nothing about the case other than what was dictated in the report and am simply willing to read the dictation to the Jury (which is accurate as I didn't even see the patient, the PA did...simple head lac). He was fine with me doing this and said that the jury just needs to hear what injuries the patient had and what procedures were required to treat these injuries. Ok, this sucks on my day off, but isn't totally unreasonable. The kicker, in a recent email, he mentioned this PLUS he wants "a bit about my training and experience with head wounds." This sounds like he will be asking my opinion about head wounds, how they are repaired, how they are caused, etc.
I wanted to know what other people's experience is with this stuff. I have heard from other colleagues that you should only testify on facts (such as the presence or lack of presence of a laceration). But, comments about head wounds, repair of head wounds, etc is expert/opinion testimony which should be compensated.
I feel kind of like a jerk telling him I am not willing to comment on anything other that the facts of the chart and will not provide free, expert (not that I am), opinion testimony, but I also don't want to be helpful at all, because I don't want to have to go to court!
Any thoughts?

 

[emd123]

.

 

[Birdstrike]

.

 

[GeneralVeers]

He's trying to get expert opinion for free. $300/ hr in advance for expert opinion. Otherwise speak only to the chart. Make this clear in advance. Don't let him take advantage off you. Attorneys have no problem "being jerks". Tell them your fee which includes drive time and phone time and tell them you want it in advance, otherwise, don't waste your time. Lawyers will have no trouble playing hardball with you; play it with them.

Went to a civil litigation case this week. This lady was trying to sue the insurance company for auto v. ped accident.

Anyway, charged $1000/hour and made a cool $2000. Don't sell yourself short.

In a criminal case they are usually limited what they can pay. For example in Clark County where I live it's $250/hour for expert witness testimony.

 

[crewmaster1]

This was my reply to the prosecutor:
Mr. XXX is the person who provided her actual care, however he is a Physician's Assistant (PA), so I am the attending (MD) of record. I do not know what his availability is. I have emailed my administrative assistant to see if we have a records custodian who could read the chart for the court. If not, I can be available to read the chart in court next week. However, I will be there as a fact witness only based on what was documented in the chart. Without compensation, I do not plan to discuss my opinion on general details of assaults, head wounds, and laceration repair. Thank you, XXXXX, MD

 

[Pudortu]

Please keep us updated on this matter. I'm sure it would benefit all of us in the future regarding lawyers trying to take advantage of free advice. Thanks a ton

 

[EctopicFetus]

This is a trick used here in Maricopa county. I have been subpoenaed 3x about cases I cared for. I explained to them I have no recollection of the cases and outside of reciting my training I wont be providing my opinion on the cases. As mentioned I offered to do so for a fee.

One of them talked to me on the phone and asked if the injuries (to which I had minimal recollection and saw over 18 months prior) were consistent with being kicked. My reply was I am not a forensics expert and could not testify to that fact. After they pushed I broke out the expert line.. Dont give away your time or they will abuse you to no end.

 

[Birdstrike]

.

 

[Birdstrike]

.

 

[TylerDurden]

I am also curious about this. I work for a county hospital and the party line is that we are supposedly required as employees of the city to testify for the state for trials. I have received 6 subpoenas in the last 3 months. It is a pain even when most of the cases end up settling out of court. I am wondering if I should try the expert line...

 

[GeneralVeers]

I am also curious about this. I work for a county hospital and the party line is that we are supposedly required as employees of the city to testify for the state for trials. I have received 6 subpoenas in the last 3 months. It is a pain even when most of the cases end up settling out of court. I am wondering if I should try the expert line...

You are required to testify as an employee, but you can just use the line that you will only testify to the medical record. If you are called as an "expert witness" you should get a stipend even if it's a criminal or government case. Forensics experts don't work for free.

 

[zinjanthropus]

my rule is that if i'm asked anything that is an opinion, i charge
never been turned down from my rate of $500/hour - including phone conversations and chart review
n= 3