Comments on: An expert witness prices himself out of a trial http://www.kevinmd.com/blog/2007/02/expert-witness-prices-himself-out-of.html Tue, 14 Feb 2012 23:00:00 +0000 hourly 1 By: Anonymoushttp://www.kevinmd.com/blog/2007/02/expert-witness-prices-himself-out-of.html#comment-72009 Anonymous Tue, 20 Feb 2007 03:27:00 +0000 http://clients.emmense.com/kevinmd/2007/02/an-expert-witness-prices-himself-out-of-a-trial.html#comment-72009 Why, that's 54% more than the physician's insurer was offering, then. <br/><br/>What would you charge for that service Donna? Why, that’s 54% more than the physician’s insurer was offering, then.

What would you charge for that service Donna?

]]> By: DBRhttp://www.kevinmd.com/blog/2007/02/expert-witness-prices-himself-out-of.html#comment-72002 DBR Tue, 20 Feb 2007 01:59:00 +0000 http://clients.emmense.com/kevinmd/2007/02/an-expert-witness-prices-himself-out-of-a-trial.html#comment-72002 Someone said: "Spoken like a true trial lawyer who likes to keep his own expenses down. Makes that 40% bite of the award seem smaller that way."<br/><br/>Actually, expert witness expenses come out of the PLAINTIFF's share of any settlement or award - the lawyers' contingent fee is NEVER affected by how expensive it is to win the verdict...unless, of course, no money changes hands. This is why legitimately injured plaintiffs generally walk away with only about 46% of what a jury says they should get.... Someone said: “Spoken like a true trial lawyer who likes to keep his own expenses down. Makes that 40% bite of the award seem smaller that way.”

Actually, expert witness expenses come out of the PLAINTIFF’s share of any settlement or award – the lawyers’ contingent fee is NEVER affected by how expensive it is to win the verdict…unless, of course, no money changes hands. This is why legitimately injured plaintiffs generally walk away with only about 46% of what a jury says they should get….

]]> By: Anonymoushttp://www.kevinmd.com/blog/2007/02/expert-witness-prices-himself-out-of.html#comment-71982 Anonymous Mon, 19 Feb 2007 17:13:00 +0000 http://clients.emmense.com/kevinmd/2007/02/an-expert-witness-prices-himself-out-of-a-trial.html#comment-71982 If he is testifying against them, presumably he already believes the defendant was negligent.<br/><br/>And innocent until proven guilty is a criminal concept. But you knew that.<br/><br/>"I don't think the tort system is just so I don't really "believe" in doing it--it doesn't further the values I chose to serve. "<br/><br/>Determining if people have been damaged as a result of other's negligence and helping them recover for the damages from that negligence isn't a value you choose to serve? <br/><br/>I would think helping people in that situation is a pretty good value. Particularly since it is your profession who put the expert witness requirement in. If he is testifying against them, presumably he already believes the defendant was negligent.

And innocent until proven guilty is a criminal concept. But you knew that.

“I don’t think the tort system is just so I don’t really “believe” in doing it–it doesn’t further the values I chose to serve. “

Determining if people have been damaged as a result of other’s negligence and helping them recover for the damages from that negligence isn’t a value you choose to serve?

I would think helping people in that situation is a pretty good value. Particularly since it is your profession who put the expert witness requirement in.

]]> By: Anonymoushttp://www.kevinmd.com/blog/2007/02/expert-witness-prices-himself-out-of.html#comment-71962 Anonymous Mon, 19 Feb 2007 01:30:00 +0000 http://clients.emmense.com/kevinmd/2007/02/an-expert-witness-prices-himself-out-of-a-trial.html#comment-71962 "Seriously, how dare you testify against a negligent physician on behalf of his/her victims. That's an outrage"<br/><br/>I thought it was an "alleged" negligent physician? Is presumed innocent until proven guilty not acceptable in physician's cases CJD? “Seriously, how dare you testify against a negligent physician on behalf of his/her victims. That’s an outrage”

I thought it was an “alleged” negligent physician? Is presumed innocent until proven guilty not acceptable in physician’s cases CJD?

]]> By: Anonymoushttp://www.kevinmd.com/blog/2007/02/expert-witness-prices-himself-out-of.html#comment-71954 Anonymous Sun, 18 Feb 2007 22:59:00 +0000 http://clients.emmense.com/kevinmd/2007/02/an-expert-witness-prices-himself-out-of-a-trial.html#comment-71954 Part of the problem with the system is the one synapse judges that refuse to subject clinical "causation" testimony to the standards of either Kelley-Frye or Daubert (your jurisdiction may vary). Under the latter, the "error rate" prong when it comes on relying to on involved litigants who claim no prior history and claim the onset of subjective symptoms coincidentally with the event underlying the litigation - both of which the provider has zero ability to independently evaluate would result in such testimony being thrown out the window. Part of the problem with the system is the one synapse judges that refuse to subject clinical “causation” testimony to the standards of either Kelley-Frye or Daubert (your jurisdiction may vary). Under the latter, the “error rate” prong when it comes on relying to on involved litigants who claim no prior history and claim the onset of subjective symptoms coincidentally with the event underlying the litigation – both of which the provider has zero ability to independently evaluate would result in such testimony being thrown out the window.

]]> By: Anonymoushttp://www.kevinmd.com/blog/2007/02/expert-witness-prices-himself-out-of.html#comment-71953 Anonymous Sun, 18 Feb 2007 22:32:00 +0000 http://clients.emmense.com/kevinmd/2007/02/an-expert-witness-prices-himself-out-of-a-trial.html#comment-71953 Testifying in court is not what I slaved those years and medical school for. I don't like doing it. I don't think the tort system is just so I don't really "believe" in doing it--it doesn't further the values I chose to serve. <br/><br/>So if someone wants me to willingly do it, I want wo be very well paid--much more than doing clinical work. At least in the later I feel like I am serving some value higher than greed and therefore get some of my payment in personal satisfaction. <br/><br/>I charge 3X what I gross per clinical hour. That deters all but the most determined--which suits me fine. Even then I don't feel overpaid, but properly compensated from being taken away from the work I love to be degraded and browbeated by counsel for whichever side my opinion happens to not satisfy. Testifying in court is not what I slaved those years and medical school for. I don’t like doing it. I don’t think the tort system is just so I don’t really “believe” in doing it–it doesn’t further the values I chose to serve.

So if someone wants me to willingly do it, I want wo be very well paid–much more than doing clinical work. At least in the later I feel like I am serving some value higher than greed and therefore get some of my payment in personal satisfaction.

I charge 3X what I gross per clinical hour. That deters all but the most determined–which suits me fine. Even then I don’t feel overpaid, but properly compensated from being taken away from the work I love to be degraded and browbeated by counsel for whichever side my opinion happens to not satisfy.

]]> By: Anonymoushttp://www.kevinmd.com/blog/2007/02/expert-witness-prices-himself-out-of.html#comment-71949 Anonymous Sun, 18 Feb 2007 21:43:00 +0000 http://clients.emmense.com/kevinmd/2007/02/an-expert-witness-prices-himself-out-of-a-trial.html#comment-71949 Hmmmmm... it is interesting how the lawyers on this thread think that it okay to pay doctors for their time when it comes to getting their money, but it is not okay for drug companies to pay physicians for their time. I would think that 10,000 dollars a day would give more incentive to be dishonest than a free lunch worth 5 dollars once every two weeks. Maybe, physicians shouldn't be allowed to accept money from lawyers in order to testify. They should just have to voluntarily testify. That right there could stop the medical malpractice problem. Hmmmmm… it is interesting how the lawyers on this thread think that it okay to pay doctors for their time when it comes to getting their money, but it is not okay for drug companies to pay physicians for their time. I would think that 10,000 dollars a day would give more incentive to be dishonest than a free lunch worth 5 dollars once every two weeks. Maybe, physicians shouldn’t be allowed to accept money from lawyers in order to testify. They should just have to voluntarily testify. That right there could stop the medical malpractice problem.

]]> By: Anonymoushttp://www.kevinmd.com/blog/2007/02/expert-witness-prices-himself-out-of.html#comment-71947 Anonymous Sun, 18 Feb 2007 21:37:00 +0000 http://clients.emmense.com/kevinmd/2007/02/an-expert-witness-prices-himself-out-of-a-trial.html#comment-71947 Seriously, how dare you testify against a negligent physician on behalf of his/her victims. That's an outrage! Seriously, how dare you testify against a negligent physician on behalf of his/her victims. That’s an outrage!

]]> By: Anonymoushttp://www.kevinmd.com/blog/2007/02/expert-witness-prices-himself-out-of.html#comment-71944 Anonymous Sun, 18 Feb 2007 21:16:00 +0000 http://clients.emmense.com/kevinmd/2007/02/an-expert-witness-prices-himself-out-of-a-trial.html#comment-71944 A "free country?" Far be it from me to let reality intrude into your ideal fantasy. For those whoring with the ATLA in this regard. There is only one word to summarize any whining heard from your ilk about the rapacious trial attorneys, the legal system, etc. That word is hypocrite. A “free country?” Far be it from me to let reality intrude into your ideal fantasy. For those whoring with the ATLA in this regard. There is only one word to summarize any whining heard from your ilk about the rapacious trial attorneys, the legal system, etc. That word is hypocrite.

]]> By: Anonymoushttp://www.kevinmd.com/blog/2007/02/expert-witness-prices-himself-out-of.html#comment-71942 Anonymous Sun, 18 Feb 2007 21:06:00 +0000 http://clients.emmense.com/kevinmd/2007/02/an-expert-witness-prices-himself-out-of-a-trial.html#comment-71942 "Big frickin deal. Find someone else then if they don't want to pay. I think I will charge the same. It's a free country."<br/><br/>Exactly. I charge $500/hr including travel time... “Big frickin deal. Find someone else then if they don’t want to pay. I think I will charge the same. It’s a free country.”

Exactly. I charge $500/hr including travel time…

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