Legal Work

[PhysiatristDoc]

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I was subpoenaed in a case regarding a patient I saw several years ago who is now suing another entity after sustaining an injury on their property. I was reluctant to get involved when the attorney's office initially contacted me, and told them so, but they subpoenaed me anyway. They essentially want me to testify against a former patient and I don't like that.

I have done one workman's comp IME with limited (<2 inches) records that the occmed doc screwed up, and one auto IME with voluminous records (>2 feet deep) when I was working for S**T salary at an academic group, then swore off IME's for life. I have been in practice for 5-10 years and have been boarded since one year out of residency. I have a clinical CV, no publications.

I was asked to send them my fee schedule. I have some idea of what to charge, but would like some input in this regard. How much should I ask for up front? What kind of experience should I expect? You can message me or reply, either would be most appreciated.

Many thanks.

 

[michaelrack]

not exactly your question, but you may want to consider wether to take any $ from them at all if you are hesitant to get involved. If you take $, presumably you would be an expert witness and would need to give your opinion about the case. I believe that all the subpoena requires you to do is to be a factual witness (not give opinion or answer questions regarding professional judgement).

You need to get your lawyer involved right away. Not all subpoenas are equal and your former patient could sue you for violating confidentiality.

Your attorney may be able to get the subpoena quashed.

Sending in your fee schedule right now (before talking to your attorney) is absolutely the wrong thing to do.

 

[RUOkie]

There are two issues here.
1) Should you get involved. If you have no desire to do so, call your attorney and get the subpoena quashed. Your records stand for themselves, and tell the attorney that if you are compelled to testify (they CAN do that) you will be a HOSTILE witness of fact. Meaning that all you are obligated to do is read your own medical records.

2) IF you choose to become an expert witness, discuss with the attorney what they want of you. If it is a deposition, how many hours. GET IT ALL UP FRONT BEFORE YOU SCHEDULE! Non refundable up after 48hrs prior to the depo, with some penalty if they cancel between 5 days and 2 days prior (I charge $250). If they want testimony, then use the same penalties for cancellations but billed by the hour (PORTAL TO PORTAL) in 4 hour blocks. If they want a Video deposition, charge more than a standard deposition, since a video can be used in lieu of testimony in most jurisdictions.

 

[Doctodd]

$1500/hr which is what theoretically your time is worth at its maximum efficiency. If its w/c the law states $250/hr max. You can whisper to the attorney that u aren't worth deposing because you will screw up their case. You could also show up in an executioners outfit.

 

[PhysiatristDoc]

Thanks nice people.

Here's where I'm at. Thanks to all for your input, I contacted my own attorney. He said I could argue against the subpoena, but if a person is claiming personal injury, they are already allowing their records to be reviewed, so there is no issue of patient confidentiality. He said that when they asked for my fee schedule with the subpoena it meant that they were using me as an expert witness, and if I disagreed they could simply go to a judge and order me to do it anyway via "show cause." If one does not show up after "show cause" one can end up in jail. That would really cramp my style. He said if I were to decide to do the hostile witness thing, they could go to the judge and force me to give more information. He said it would be better just to do the thing and move on with life. He gave me the range of expert doctor witness fees around these parts and suggested 2 hour min paid in advance.

It is a video dep, I asked for the highest amount in the range my lawyer suggested with the 2 hour min paid 72 hours in advance with no refund if there is cancellation. The legal assistant said she would cut a check for one hour's time, but I told her there is a two hour minimum "oh,... I will have to talk to the senior partner and he is out of town in an important case (read golfing in the sun for a week).... i cannot reach him,... i hope i can get you the check... i don't know if it will be approved..."

I just listened and said nothing, she said she will call me back if there is a problem... to be continued.

I already let the attorney know that I could not help their case, I don't recall the patient, and I don't want to testify against any patient of mine, though I have not seen said patient in close to 4 years. then there is the issue of my feeling towards the entity that is being sued in this personal injury case... but alas, after marketing myself in this manner, they still subpoenaed me.

by the way, what do executioners wear?

 

[RUOkie]

I had a similar situation where a patient of mine was suing a colleague of mine. I made it clear that I would be hostile toward's BOTH sides. They insisted on deposing me anyway, the two lawyers split the 2hr bill, and I was completely obstructionist in my answers.

All I ever did in the two hour depo was read from my chart, or say, "I don't have an opinion"

 

[Louisville04]

I had a similar situation where a patient of mine was suing a colleague of mine. I made it clear that I would be hostile toward's BOTH sides. They insisted on deposing me anyway, the two lawyers split the 2hr bill, and I was completely obstructionist in my answers.

All I ever did in the two hour depo was read from my chart, or say, "I don't have an opinion"

After reviewing the case, did you have an opinion on the case (i.e. negligience involved or not) but said you didn't? 🙁

 

[RUOkie]

After reviewing the case, did you have an opinion on the case (i.e. negligience involved or not) but said you didn't? 🙁

I made it clear UP FRONT IN WRITING that I would offer NO opinions as to negligence, and would be hostile with regard to any such questions. That protected me, and in all honesty, made my testimony worthless. But since they sent me a supoena, I was obligated to speak with them. And I was entitled to compensation FOR MY TIME, NOT MY TESTIMONY.😎

 

[Louisville04]

I made it clear UP FRONT IN WRITING that I would offer NO opinions as to negligence, and would be hostile with regard to any such questions. That protected me, and in all honesty, made my testimony worthless. But since they sent me a supoena, I was obligated to speak with them. And I was entitled to compensation FOR MY TIME, NOT MY TESTIMONY.😎

Attorneys are pretty tight with the purse strings. I'm surprised they spent money FOR YOUR TIME since it would be worthless for either attorney. 😕

 

[ampaphb]

You are only entitled to be compensated for your time if you have a contractual arrangement with the other party. No other witness of FACT was likely compensated in the case. We are all obliged to do our civic duty.

 

[ghost dog]

There are two issues here.
1) Should you get involved. If you have no desire to do so, call your attorney and get the subpoena quashed. Your records stand for themselves, and tell the attorney that if you are compelled to testify (they CAN do that) you will be a HOSTILE witness of fact. Meaning that all you are obligated to do is read your own medical records.

2) IF you choose to become an expert witness, discuss with the attorney what they want of you. If it is a deposition, how many hours. GET IT ALL UP FRONT BEFORE YOU SCHEDULE! Non refundable up after 48hrs prior to the depo, with some penalty if they cancel between 5 days and 2 days prior (I charge $250). If they want testimony, then use the same penalties for cancellations but billed by the hour (PORTAL TO PORTAL) in 4 hour blocks. If they want a Video deposition, charge more than a standard deposition, since a video can be used in lieu of testimony in most jurisdictions.

Sage words of wisdom indeed. I can tell you from experience that you absolutely positively request being paid up front. I have almost been screwed in this regard once, and learned from my mistake.

They're trying to lowball you ? "I'm sorry, this is my standard fee in regards to medical legal work as per the ( whatever source you use) . Have a good day."

In respect to the second issue (i.e. hostile witness), I'm surprised counsel stll wants your dep. I was in a similiar situation once, and after I told him that I would have nothing helpful ( as least from his perspective) to add to his client's case, he left me alone.

Lawyers are douche bags ( I should make this my signature ).

 

[RUOkie]

Attorneys are pretty tight with the purse strings. I'm surprised they spent money FOR YOUR TIME since it would be worthless for either attorney. 😕

they played chicken with me and lost

The issue with that case was that a primary care doc delayed care with regard to a stroke (he recognized the symptoms and sent the woman for an outpt MRI instead of the ER, thereby not allowing her to get thrombolytics). He was in my community, and my policy regarding expert witness testimony is "don't **** where you eat". I told the attorney that I would not give an opinion, and he felt that once I had the microphones in front of me, I would answer the questions since he didn't want to go through the trouble of finding another 'expert'.

 

[PhysiatristDoc]

As of yesterday, I received a call from attorney's assistant saying that they did not "want to spend the money" on this because the other side has 28 days to agree to a settlement. My subpoena was for Sept 19. I asked for a fax cancelling the deposition IN WRITING yesterday... still no fax.

I need it in writing if they cancel the dep because they think my fee is too high... maybe that is the ticket to avoiding this sort of situation.

 

[ghost dog]

As of yesterday, I received a call from attorney's assistant saying that they did not "want to spend the money" on this because the other side has 28 days to agree to a settlement. My subpoena was for Sept 19. I asked for a fax cancelling the deposition IN WRITING yesterday... still no fax.

I need it in writing if they cancel the dep because they think my fee is too high... maybe that is the ticket to avoiding this sort of situation.

Keep us posted on how this turns out.

 

[PhysiatristDoc]

received cancellation letter, however, was told there was an offer made for settlement and 28 days given to injury victim to accept settlement, so if it is not accepted, they may still call me back.

i charged $600/hour with two hour min and this made the attorney balk. when they thought it was $600/hour with no minimum, they were willing to cut the $600 check that day... until I said "two hour min." this puts the breaking point somewhere between 600 and 1200 for confirming that I did indeed dictate the said office note. they were not opposed to the $600/hour figure.

location is ~1,000,000 population midwest inner city with very high malpractice and litigation, horrific unemployment, high 'personal injury,' attorney was located in a wealthier suburban area.

indeed, a very satisfying day in the life of a physiatrist who did not want to be bothered with this particular case.

🙂

 

[thewza]

I did some legal consulting work recently and the lawyers asked me to "send them a bill". As I am not a business man (and work in an academic setting), I have never generated a bill before. Does anyone have any advice about this, or perhaps a template they would be willing to share with me via PM? I appreciate anyone's help.

 

[Finally M3]

I did some legal consulting work recently and the lawyers asked me to "send them a bill". As I am not a business man (and work in an academic setting), I have never generated a bill before. Does anyone have any advice about this, or perhaps a template they would be willing to share with me via PM? I appreciate anyone's help.

We have an office policy of needing to have check in hand before we do anything further.

Howeva, I give a little leeway regarding my own patients, and will provide written summaries of care for our office policy of $5 per page for filling out forms. I encourage the lawyers just to send things to me in writing so I don't have to talk with them.