Fee Schedule for Physician Assistant Expert Witnesses
The statute in California governing the fees charged by a physician assistant expert witness has recently changed. Attorneys must pay a reasonable fee to the treating physician if he or she testifies on behalf of a client, according to the statute. The physician is entitled to payment even if the attorney is late. The physician may charge an hourly or daily fee depending on the type of testimony. Here are some things to think about when creating a fee schedule for a physician assistant expert witness.
According to Dr. Joel Lavine the time commitment required for the work of an expert witness is significant. The process of reviewing medical records and preparing an expert report takes a long time. This work is typically completed on time. When submitted, the expert report summarizes the case information and literature and becomes part of the case's official record. Furthermore, the report is frequently questioned during a deposition. As a result, before accepting a case, it is critical to understand how much experience a physician assistant will need to provide.
The fee schedule should account for the time spent preparing, traveling, and testifying. Many experienced experts charge an hourly rate, whereas others charge a case-specific retainer. The fee is frequently higher than the clinical rate. A physician assistant typically earns a four-figure hourly rate for his or her work. Some lawyers want a report and a review of the literature, while others simply want an expert opinion. An hourly rate is appropriate in these cases.
Dr. Joel Lavine pointed out that, the selection of a physician assistant expert witness is largely determined by the needs of the attorney. Some attorneys choose an expert from the same state, while others choose an expert from a different state. A physician assistant expert witness should be able to devote time to a thorough review and communicate effectively during the trial and deposition, regardless of the method used. If the case is a medical malpractice suit, the expert should be knowledgeable about the subject matter and be able to communicate their findings to the jury.
Expert witnesses are frequently required in high-stakes cases, and the cost of hiring one is often a consideration. According to a SEAK, Inc. survey, 74% of these professionals charge an up-front retainer. A medical expert witness's initial retainer fee is typically $2000. Almost half of the expert witnesses require a signed retainer agreement as well as a certain number of hours of deposition testimony.
The background and experience of a PA can benefit both the plaintiff and the defendant. He or she may have experience in a specialty other than his or her own, whereas a physician may speak about his or her role as a supervisor. It is important to remember that in a malpractice case, a physician assistant cannot testify about the standard of care provided by a physician, so the expert must be qualified in the field of medicine.
Dr. Joel Lavine thinks that, advertising your expertise is a critical step in building your reputation as an expert witness. Many lawyers and professional organizations keep a list of certified medical witnesses on file. You can also directly advertise your services to attorneys. The malpractice attorney community is small, and you may not find many clients in this practice niche. Consider volunteering at professional licensing boards that conduct pre-litigation reviews. You can always raise your prices and turn down work once you have enough work.
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