Schedule of Fees for Physician Assistant Expert Witness
- Dr. Joel Lavine
- Jun 29, 2022
- 3 min read
In California, the law about how much a physician assistant expert witness can charge has just been changed. Under the law, if a treating doctor testifies on behalf of a client, the lawyer must pay the doctor a fair fee. Even if the lawyer is late, the doctor is still owed money. Depending on what kind of testimony is being given, the doctor may charge by the hour or by the day. Here are some important things to think about when setting up a fee schedule for an expert witness who is a physician assistant.
According to Dr. Joel Lavine a lot of time is needed for an expert witness to do their job well. Reviewing medical records and putting together an expert report both take a lot of time. Usually, this work has to be done by a certain date. When the expert report is turned in, it gives a summary of the case information and the relevant literature. It then becomes part of the official case record. Also, people often ask about the report during a deposition. So, it's important to know how much experience a physician assistant needs before they can take on a case.
The fee schedule should show how much time was spent preparing, traveling, and giving the testimony. Some experts charge a fixed retainer for a case, while others charge by the hour. The fee is usually higher than the clinical rate. A typical hourly wage for a physician assistant is in the four-figure range. Some lawyers want a report and a review of the literature, but others just want an expert's opinion. In these situations, an hourly rate is the right choice.
A lot of what goes into choosing a physician assistant expert witness is what the lawyer needs. Some lawyers choose an expert from the same state, while others choose someone from a different state or with a more varied background. No matter what method is used, the physician assistant expert witness should have enough time to do a thorough review and be able to communicate well during the trial and deposition. Dr. Joel Lavine thinks that, if the case is about medical malpractice, the expert should know a lot about the field and be able to explain what they found in a way that the jury can understand.
In important cases, expert witnesses are often needed, and fees are often a factor in choosing the right one. SEAK, Inc. did a survey and found that 74% of these professionals ask for a retainer up front. A medical expert witness's average initial retainer fee is $2000. Almost half of the expert witnesses need a signed retainer agreement and a minimum number of hours during deposition testimony.
Both the plaintiff and the defendant can benefit from the background and experience of a PA. He or she might have experience in a field that isn't his or her specialty. A doctor, on the other hand, might talk about his or her role as a supervisor. In a malpractice case, it is important to remember that a physician assistant is not allowed to testify about the standard of care provided by a doctor. This means that the expert must be qualified in the field of medicine.
Dr. Joel Lavine believes that, promoting your expertise is a key part of making a name for yourself as an expert witness. A lot of lawyers and groups of professionals keep lists of certified medical witnesses. You can also tell lawyers about your services directly. The group of lawyers who handle malpractice cases is small, so this niche may not bring you many clients. You could also volunteer at the professional licensing boards that review cases before they go to court. When you have enough work, you can always raise your prices and turn down work.
Comments