Medical expert rates

[SwornRates]

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Can you confirm if the statement below is true?

"To ensure they receive their full $800 hourly rate, medical experts must include a "shortfall" or "deficiency" clause in their initial retainer agreement. This clause legally binds the hiring attorney to pay the remaining $300 balance if opposing counsel objects and the court reduces the opposing side's mandatory fee. If the contract is silent on this scenario, the retaining attorney is not automatically obligated to make up the difference, and the expert may be forced to accept the court-ordered $500 rate for that time."

Half of that matches what the orders show, and half is a contract question I can't answer. The half the orders support: in federal court the deposing side pays for your deposition time (that's Rule 26(b)(4)(E)), and if they object to your rate, the judge rules. Whatever the court sets is what they owe, no matter what your rate card says. The orders stop there. Whether your retaining attorney makes up the difference is between you and them, which is why it belongs in the engagement letter. On "must include" and "legally binds": ask a lawyer, the orders don't speak to that.

 

[ShockIndex]

I think you are about on target except for your trial rates, that’s a bit low.

Retainer of $2000

$400/Hour for review of chart
$500/Hour for local deposition (1/2 day minimum)
$2500/hour for trial testimony for half day, $5000/hour for full day
(First day of trial is at full day rate)
All travel expenses, lodging, food reimbursed

I see many cases 99% I mark as having no merit. Still take my $2,000 retainer for telling them no.

Our rates are very similar. Here is the verbatim fee schedule that I send to clients:

1) Initial case review and case discussions: $500/hr
2) Deposition testimony: $600/hr + travel for local (within 30 miles of XXX airport) or $4000/day + travel expenses if outside of XXX
3) Trial testimony: $4000/day + travel expenses

I generally operate under a replenishable retainer that begins with the first hour of records review. It typically takes 7 business days to complete a review.

While most of my work is for plaintiffs, the majority are not typical med mal cases (ie municipalities, schools, health systems, etc getting sued). Of the med mal cases that I take, most involve APPs going Leeroy Jenkins.

What I’ll say is that reviewing these cases WILL change your practice and how you view the world. You’ll get a first row seat on how terrible mistakes are made and documented, as well as how supposed safety nets catastrophically fail.