Just a patient, but also a JD. If you have been subpoenaed for a deposition, you have to show up. If you don't, you can be held in contempt and sanctioned. I've subpoenaed many people, unless they get a court order quashing the subpoena they show up, never had anyone roll the dice on sanctions. It's a pain, but sanctions are worse. You may get a "witness fee," but that's typically set by statute and very low, usually $40 or so -- it is *not* you usual hourly rate. You are not being hired as an expert witness, so no one is going to be paying you for your time. The only time you get paid as an expert is when one of the parties hires you as an expert, in which case you get paid per hour plus expenses.
Subpoenas?
- Thread starter AthensBeth
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Your fee depends on your jurisdiction.
Illinois:
See: What is a “reasonable” fee for a doctor’s deposition?
Illinois Supreme Court Rule 204(c) provides as follows:
“The discovery depositions of nonparty physicians being deposed in their professional capacity may be taken only with the agreement of the parties and the subsequent consent of the deponent or under a subpoena issued upon order of court. A party shall pay a reasonable fee to a physician for the time he or she will spend testifying at any such deposition. Unless the physician was retained by a party for the purpose of rendering an opinion at trial, or unless otherwise ordered by the court, the fee shall be paid by the party at whose instance the deposition is taken.”
The Committee Comments to Supreme Court Rule 204(c) state as follows:
“A party may agree to pay a reasonable professional fee to a physician or surgeon for the time he or she will spend testifying at any deposition. The fee should be paid only after the doctor has testified, and it should not exceed an amount which reasonably reimburses the doctor for the time he or she actually spent testifying at deposition.”
"So, what is “unreasonable”? About 20 years ago, I filed a petition to find a neurosurgeon’s deposition demand of $750 per hour to be unreasonable. The Court granted my motion because at that point, $750 per hour was unthinkable. Now, $750 per hour is almost commonplace."
* * *
California:
California Civil Procedure 2034.430.
(a) Except as provided in subdivision (f), this section applies to an expert witness, other than a party or an employee of a party, who is any of the following:
(1) An expert described in subdivision (b) of Section 2034.210.
(2) A treating physician and surgeon or other treating health care practitioner who is to be asked during the deposition to express opinion testimony, including opinion or factual testimony regarding the past or present diagnosis or prognosis made by the practitioner or the reasons for a particular treatment decision made by the practitioner, but not including testimony requiring only the reading of words and symbols contained in the relevant medical record or, if those words and symbols are not legible to the deponent, the approximation by the deponent of what those words or symbols are.
(3) An architect, professional engineer, or licensed land surveyor who was involved with the original project design or survey for which that person is asked to express an opinion within the person’s expertise and relevant to the action or proceeding.
(b) A party desiring to depose an expert witness described in subdivision (a) shall pay the expert’s reasonable and customary hourly or daily fee for any time spent at the deposition from the time noticed in the deposition subpoena, or from the time of the arrival of the expert witness should that time be later than the time noticed in the deposition subpoena, until the time the expert witness is dismissed from the deposition, regardless of whether the expert is actually deposed by any party attending the deposition.
* * *
Nevada:
Treating Physician Entitled to Expert Witness Deposition Fees - SEAK
* * *
Pa:
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JEFFREY SCHEINHOLTZ v. BRIDGESTONE/FIRESTONE, INC., ET AL. : : : ORDER-MEMORANDUM CIVIL ACTION NO. 98-6189 AND NOW, this 26th day of April, 1999, the deposition fees for each of plaintiff’s treating physicians are set at $600 per hour, as acceded to by defendants. See P. 26(b)(4)(C).
Illinois:
See: What is a “reasonable” fee for a doctor’s deposition?
Illinois Supreme Court Rule 204(c) provides as follows:
“The discovery depositions of nonparty physicians being deposed in their professional capacity may be taken only with the agreement of the parties and the subsequent consent of the deponent or under a subpoena issued upon order of court. A party shall pay a reasonable fee to a physician for the time he or she will spend testifying at any such deposition. Unless the physician was retained by a party for the purpose of rendering an opinion at trial, or unless otherwise ordered by the court, the fee shall be paid by the party at whose instance the deposition is taken.”
The Committee Comments to Supreme Court Rule 204(c) state as follows:
“A party may agree to pay a reasonable professional fee to a physician or surgeon for the time he or she will spend testifying at any deposition. The fee should be paid only after the doctor has testified, and it should not exceed an amount which reasonably reimburses the doctor for the time he or she actually spent testifying at deposition.”
"So, what is “unreasonable”? About 20 years ago, I filed a petition to find a neurosurgeon’s deposition demand of $750 per hour to be unreasonable. The Court granted my motion because at that point, $750 per hour was unthinkable. Now, $750 per hour is almost commonplace."
* * *
California:
California Civil Procedure 2034.430.
(a) Except as provided in subdivision (f), this section applies to an expert witness, other than a party or an employee of a party, who is any of the following:
(1) An expert described in subdivision (b) of Section 2034.210.
(2) A treating physician and surgeon or other treating health care practitioner who is to be asked during the deposition to express opinion testimony, including opinion or factual testimony regarding the past or present diagnosis or prognosis made by the practitioner or the reasons for a particular treatment decision made by the practitioner, but not including testimony requiring only the reading of words and symbols contained in the relevant medical record or, if those words and symbols are not legible to the deponent, the approximation by the deponent of what those words or symbols are.
(3) An architect, professional engineer, or licensed land surveyor who was involved with the original project design or survey for which that person is asked to express an opinion within the person’s expertise and relevant to the action or proceeding.
(b) A party desiring to depose an expert witness described in subdivision (a) shall pay the expert’s reasonable and customary hourly or daily fee for any time spent at the deposition from the time noticed in the deposition subpoena, or from the time of the arrival of the expert witness should that time be later than the time noticed in the deposition subpoena, until the time the expert witness is dismissed from the deposition, regardless of whether the expert is actually deposed by any party attending the deposition.
* * *
Nevada:
Treating Physician Entitled to Expert Witness Deposition Fees - SEAK
* * *
Pa:
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JEFFREY SCHEINHOLTZ v. BRIDGESTONE/FIRESTONE, INC., ET AL. : : : ORDER-MEMORANDUM CIVIL ACTION NO. 98-6189 AND NOW, this 26th day of April, 1999, the deposition fees for each of plaintiff’s treating physicians are set at $600 per hour, as acceded to by defendants. See P. 26(b)(4)(C).
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Well this is my state, so...
Risk MGMT said I'm not the only one being deposed, so I'll see what everyone else is asking. They also confirmed they're going to provide a lawyer for me for the deposition because of the seriousness of the allegations in the case, which is a nice relief.
