Expert Witness Fees or Windfalls?

Steve Klearman
Attorney
(866) 735-1102 Ext 535
Posted by Steve KlearmanMarch 23, 2007 6:52 AM

Nevada medical malpractice cases were put on the road to extinction several years ago by a voter-approved initiative that restricted lawsuits to such an extent that many attorneys stopped practicing in this area altogether.

I still do and will continue to. But I've noticed that as medical malpractice lawsuits have become more limited, doctor's expert fees have continued to spiral.

Several days ago I was setting expert depositions in a malpractice case. Defense counsel mentioned that her expert would require $3000 to testify. My expert depositions usually take an hour. Hence, her expert wanted $3000 to testify for an hour. I complained about this and indicated that we would likely seek court intervention to lower the expert's fee.

Then, however, we called our own expert in the case.

He casually mentioned that his minimum deposition fee was $4000.

I guess I won't be contesting the other side's expert fee

.

2 Comments

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Ben Glass
Posted by Ben Glass
March 24, 2007 3:21 AM

No doubt many doctors are making up in expert witness fees (an not just in malpractice cases, but all personal injury cases) what they are missing when health insurance companies pay them 30 cents on the dollar!

Chuck A. Spiteri
Posted by Chuck A. Spiteri
March 27, 2007 11:00 PM

There is no doubt that medical practice experts are high on fees. However, if you trust your expert and he/she is a person of integrity, honour, seeking the truth, fair and knowledgeable in that field of expertise and truly knows his/her business, then he/she should be paid accordingly.

Sometimes in such cases, the expert will make or break the case. I think it is the responsibility of the lawyer to make sure that the expert he/she hires is the right and an honourable expert. If then the expert is a person to advance the cause of the injured client, then, I think it is the responsibility of the lawyer to hire such an expert.

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