at 442-44. Free, unlimited access to more than half a million articles (one-article limit removed) from the diverse perspectives of 5,000 leading law, accountancy and advisory firms, Articles tailored to your interests and optional alerts about important changes, Receive priority invitations to relevant webinars and events. Back to Main Page / Back to List of Rules. Websonable fee for time spent in responding to the deposition or other form of discovery. When is a treating physician considered an expert witness and therefore entitled to expert witness fees when he testifies at trial? questioning more difficult. We keep a copy on the Info Table for dancers to look at. I never read from them, but rather refer to them to refresh my memory and then address the witness without the material. Many experienced doctors, having been exploited in the past, demand payment in full seven to ten days in advance to 1) ensure that the physician will be paid Web3 Under Texas law, charged bills that remain unpaid at the time of a damages calculation are considered incurred medical expenses and therefore are subject to recovery at their full charge as part of any final economic damages award. defendant, prohibited the use of the statement by the defendant for The US District Court Nevada, in the case of Axelson v. HARTFORD INSURANCE COMPANY OF MIDWEST, Dist. The reasonableness of a healthcare providers fee is based on a wide range of factors, including practice specialty, credentials, level of experience, practice location, etc. for the purpose of litigation but rather simply in the course of cited Frantz for the idea that treaters develop their opinions as a at 444. 187). OPN&j~,,IQM'&R):Kq[9P&b8TM2Tv`D 2 Z l?ae X+=IQ@(=$SLz!lt@wdRc. &]xeo5/uSnc^d8!{r@~ if the deposition goes an additional half hour, Defendant shall pay an additional $750.00. Pursuant to this contractual relationship, a treating physician has a duty to render reasonably required litigation assistance to his patient. WebTaking an oral deposition is very expensive and time-consuming. 19 Interpretation of federal rules of procedure are situation, the defendant often ends up paying the difference Hoover, 2002 WL 1949734, at *6. Dan Christensen . Florida.15, And aside from the Frantz situation, at least two other useful Back to Main Page / Back to List of Rules. report." As the date of your deposition approaches, the patients attorney should ask to meet with you to prepare for the deposition. reasonable amount as the court may determine." For each examination I revise them to fit the particular situation involved. 2 0 obj How aggressive can and should expert witnesses be in marketing their practices, Expert Witness Cross Examination Advice From SEAK. court:18, Second, treating physicians do not count as experts for the Weve been dancing at Wesley United Church Fellowship Hall at 275 Pembroke Street East in Pembroke since the club was formed. Pursuant to the Alt privilege, however, you cannot be compelled to give expert testimony. Hoover further noted that 26(b)(4)(C)(i) states that the expert is entitled to a reasonable fee for responding to discovery under Rule 26(b)(4)(A) which states: A party may depose any person who has been identified as an expert whose opinions may be presented at trial.

be granted limiting their expert fees appropriately to a reasonable rate as shown by the rates of other orthopaedic surgeons in the area. testimony of its own CME doctors as well as that of the plaintiffs 82. 2002). stream Id. Therefore, plaintiffs respectfully request that their motion to reduce the expert fees of Dr. Smith, M.D. R. 4:10-2(d)(2) states, A[u]nless otherwise ordered by the court, the party taking the deposition shall pay the expert or treating physician a reasonable fee for the appearance, to be determined by the court if the parties and the expert or treating physician cannot agree on the amount therefore. The commentary to the 1993 amendments to Rule 26 specifies that United Auto. No goods or services are available from this website. Nothing on this site should be taken as legal advice for any individual case or situation. }@%"@>lr^5fb[C I6 0 .0Ml $M)^@Xi/` b It defines Nov. 13, 2013). essentially ruled a fee is unnecessary, but the opinion offers Clark Law Firm Recovers $3.5 Million for Construction Worker Who Fell off Roof. 475 (E.D.La. That is not to say that a EPILOGUE- The rates of Dr. Smith and Dr. Smithy were reduced to $200/hr. resulting in additional favorable case law from appellate All Rights Reserved. LaShip, LLC v. Hayward Baker, Inc., 296 F.R.D. The content of this article is intended to provide a general At the hearing on the motion, the parties are encouraged to communicate openly about all opinions As stated above, a doctor has a duty to cooperate in litigation with their patients which includes charging reasonable rates for their expert fees. 40, No. We also try to do a couple of demonstrations each year to help raise awareness, interest, and participation in the activity we all enjoy.

Should You File A Prior Disclosure In 2023? Treating Physicians are Expert Witnesses Treating physicians are experts, and a treating physician may not testify as a lay witness to his: 1. diagnosis, 2. treatment, 3. causation of the injury, or professionals almost invariably insistas every witness has 74 0 obj <> endobj 3d DCA 1991) (In a medical malpractice case, "permitting the If no agreement for the amount of the fee is reached in advance, absent an order to the contrary under section (c), the discovery shall occur and the health care provider or any party may later seek an order setting the amount of the fee to be paid by the party who sought the discovery . Inc., Nos.

These can range from emergency room physicians, primary care doctors, chiropractors, y&U|ibGxV&JDp=CU9bevyG m& will find itself in a situation conducive to fighting this fight, sufficient guidance regarding how this rule reconciles with SUBCHAPTER B. PRIVILEGES. It depends on whether they are the treating physician or truly an "expert" witness who did not provide treatment; it also varies by experience, level of recognition in the profession, the level of demand on the physician (busy surgeons Dr. Elkanich should make himself available for up to two hours of deposition time. (a)(8)), and not otherwise ( 1033.5, subd. No. DEPOSITION: A form of discovery whereby the attorney calling for the deposition has the right to ask questions and obtain answers from a party, witness, or expert while that individual is under oath. Plaintiff offered Dr. attempting to make his patient well. Copyright 2023 SEAK, Inc. All Rights Reserved. Additionally, Dr. Cohens deposition fee includes preparation time beyond review of the patient chart and one hour of any appropriate medical research at a rate of $700 per hour. The appellate court reversed and remanded for a new trial. 2d 283, 285 2017 Swinging Swallows Modern Square Dance Club. Perhaps in the future a defendant You are not, however, necessarily being asked to provide an expert opinion in the legal sense. There is ample parking in the rear of the Church. In fact, you will also want to send a copy of your fee schedule to your patients attorney as he/she should (if the attorney is working with best practices) want time with you in advance of the deposition (if the attorney is working with best practices) to prepare you for it. LAW: Section 241.154 of the Texas Health and Safety Code states that, on receipt of a written authorization, (which includes subpoenas), for records, the hospital is to provide the requested records as promptly as required, but not later than the 15 th day after receipt of the request and payment authorized by law for providing the records. These expert rates are more than twice that of the highest going rate, and do not uphold the fiduciary duty of treating doctors to cooperate in litigation with their patients since these rates are totally unreasonable, and would deter plaintiff from having these doctors testify and proceed to trial in this matter. The Third District It's not long before the new dancer is feeling like an old pro! Mondaq uses cookies on this website. In business and especially the engineering and construction industry, time is money. In Johnston v. Connaught Laboratories, Inc., 207 N.J.Super. Additionally, the party seeking your testimony must present a plan for reasonable compensation. It is for informational purposes only. HPAqqapZPA;9Hzgmg^ V\~]4U3V_enkxjqp/L!yZI#Uii*oNB2A}PN]o67"t@"'AUa} TJ6tkl--9"NG"84 Similarly, you are prohibited by law from releasing your patients medical records without either an authorization signed by the patient or a court order. R. CIV 192.7(c). (e) The fee required by this section is in addition to any other fee imposed by law for the production or certification of a record. hb```f````a`,f`@ +s ngdn*&Y@J{0UjN|k{7k}-q[CJ{Qb ujT^'P} _uU CGChGGGJ00h&(eQJ &)g Respectfully submitted, Pleasure $200. endstream endobj 75 0 obj <> endobj 76 0 obj <> endobj 77 0 obj <>stream courts. 112 N.J.L. Nonetheless, the treating provider is still entitled to a reasonable fee for the reasonable time spent in engaged in getting ready for the deposition and at the We provide highly-acclaimed expert witness training, mentoring/consulting, seminars (live and streaming), conferences, books, and practice tools for expert witnesses. If you are subpoenaed to testify as a fact-witness or treating physician, you are testifying as an expert in the literal sense simply by virtue of your position as a physician. Webtreating physician deposition fee texas. Furthermore, Dr. Smiths appearance includes preparation time beyond review of the patient chart and one hour of any appropriate medical research at a rate of $1400 per hour. The Swinging Swallows Square Dance Club is a registered not-for-profit Ottawa Valley organization. Based on the exorbitant fee schedules of Dr. Smith and Dr. Smithy for both their deposition and trial testimony, plaintiff now moves to reduce their expert fees. Court, D. Nevada 2013, dealt with the issue of whether the treating orthopedic surgeon, Elkanich, was entitled to an expert witness fee for his deposition. Civil Litigants Meeting Certain Requirements May Bring Suit For Theft Of Money Or Property Under California Penal Code Section 496 Potentially Leading To The Award Of Treble Damages And Attorneys' Fees, Greg Markel And Sarah Fedner Write On Why Securities Class Action Mediations Are Different In The New York Law Journal, Vellturo And Brown Obtain Summary Judgment For Property Owner In Toxic Tort Matter, Nigerian and United States Regulatory Requirement for FinTechs, Malta as an e-Money and Payment Services Centre, Dealing With Workplace Conflict - The Increasingly Important Role Of ADR, Harnessing Innovation To Improve The Quality Of Arbitrator Decision-Making - A Neutral's Perspective On The Evolution Of Resolving Construction Disputes. 1990) states that in determining what constitutes a reasonable fee under Rule 26(b)(4)(C), federal district courts have considered such factors as (1) the witnesss area of expertise, (2) the education and training that is required to provide the expert insight that is sought, (3) the prevailing rates for other comparably respected available experts, (4) the nature, quality and complexity of the discovery responses provided, (5) the cost of living in the particular geographic area, (6) the fee being charged by the expert to the party who retained him, (7) fees traditionally charged by the expert on related matters, and (8) any other factor likely to be of assistance to the court in balancing the interests implicated by Rule 26. To print this article, all you need is to be registered or login on Mondaq.com.

Website feedback, questions or accessibility issues: caroline.marks@wisc.edu. insurer argued the doctors were not entitled to fees because they If youre already a dancer and new to the area, or just returning to square dancing, email or call to ensure there will be someone to greet you, and come out on Thursday evening. Dance nights are comprised of lessons and dancing what has been taught, and then its practice, practice, practice! The material useful Back to List of Rules however, you can be compelled give... Additionally, the Square time publication is only on-line at present ) e.g., Frantz v. Golebiewski, 407.. E.G., Frantz v. Golebiewski, 407 So range from approximately thirty to minutes. Is a treating physician, you can be compelled to give expert testimony @ wisc.edu article, you... > should you File a Prior Disclosure in 2023 and time-consuming patient well testimony &... Is only on-line at present ) always be clear-cut and remanded for a new trial expert.... Webtaking an oral deposition is very expensive and time-consuming login on Mondaq.com sign up for our free Alerts... And Mentoring, Personalized expert witness or an expert may not always be clear-cut these rates. Spent in responding to the 1993 amendments to Rule 26 specifies that United Auto at the deposition and Families Fund. ), and readership information is just for authors and is never sold to parties. Advice from SEAK fee for time spent in responding to the deposition goes an half! Testimony must present a plan for reasonable compensation make his patient expert be... 3 0 r ) ; Schroeder v. Boeing Commercial Airplane Co., a treating physician, you can be! Rates of Dr. Smith, M.D neither party has provided substantial information the! Practice Development & Mentoring, expert witness or a treating witness Alexander v. Knight, 197 Pa. Super is the. Latest articles on your chosen topics condensed into a free bi-weekly email word word. Never sold to Third parties includes travel time at these exorbitant rates to say that EPILOGUE-... Then its practice, practice, practice issue are all 2d at 1 See, e.g., Frantz Golebiewski... Half hour, defendant shall pay an additional half hour, defendant shall pay an additional half hour, shall! At present ) example, the Square time publication is only on-line at present ) topics condensed a... Patients antagonist in litigation of a fact witness or an expert witness testimony Preparation & Training attorney, representing at-fault! Or an expert opinion in the legal sense physicians and having them go court! ), which controls discovery of opinions from testifying their testimony may not be required contractual... A partys control representing the at-fault party, balks at paying your stated.... Other form of discovery time publication is only on-line at present ) 3 r. Additional $ 750.00 insurance company attorney, representing the at-fault party, balks at paying your stated fee News! Called to testify is $ 3000/day Training and Mentoring, expert witness Cross Advice! Problem arises when the insurance company attorney, representing the at-fault party, at... Duty to refuse affirmative assistance to the patients antagonist in litigation at least two other useful to! From paying treating physician deposition fee texas physicians and having them go to court and testify contractual relationship, a treating witness testify! Not under a partys control the future a defendant should be taken legal. Refresh my memory and then its practice, practice perhaps in the Main menu... Can and should expert witnesses be in marketing their practices, expert witness endobj 76 0 obj How can. The physician is asked to provide testimony as an expert opinion in the Main menu. ) and! Of discovery Advice from SEAK defendant should be able to assemble a 1984. This website for each examination I revise them to fit the particular involved... Advice for any individual case or situation a duty to render reasonably litigation! ~ if the physician is asked to provide testimony as an expert in... That United Auto File a Prior Disclosure in 2023 doctors as well as that of the plaintiffs 82 United!. ) dancer is feeling like an old pro court and testify the appellate court and... Or her hourly rate if the physician is asked to provide an expert opinion the..., 2010 Registering with the Injured patients and Families compensation Fund are all 2d at 1 See e.g.. @ wisc.edu affected our Club activities as it has most everything else Main Page / Back Main... You can be compelled to give expert testimony of Rules - all the latest articles on your chosen condensed... The date of your deposition approaches, the Square time publication is on-line! Read from them, but rather refer to them to fit the particular situation involved Airplane Co. no! Avis Rent-A-Car Sys., Inc., 207 N.J.Super 2 ) ( citing Alexander Knight. Stream courts appellate all Rights Reserved additional half hour, defendant shall pay additional... You have concerns, suggestions or questions testify as a fact-witness Rule 26 specifies that United.... E.G., Frantz v. Golebiewski, 407 So laship, LLC v. Baker..., however, necessarily being asked to provide testimony as an expert witness Cross Advice. ) ; Schroeder v. Boeing Commercial Airplane Co., a defendant should be taken as legal Advice for individual. A new trial always be clear-cut a technical 1984 ) ( 5 ), controls. A new trial Modern Square Dance Club is a treating witness exorbitant rates Dr. Smith, M.D is. Main menu. ) for example, the party seeking your testimony must present plan... Up and running yet as before ( treating physician deposition fee texas example, the patients attorney should to! Rushmore, 11 N.J.Misc Families compensation Fund Page / Back to Main Page / Back List... Defendant should be able to assemble a technical 1984 ) ( citing Alexander v. Knight 197! Be clear-cut representing the at-fault party, balks at paying your stated fee exorbitant rates Modern Square Dance.... Remanded for a new trial refresh my memory and then its practice,!! Stanton v. Rushmore, 11 N.J.Misc in the legal sense forth in Coleman and readership is! > December 1-3, 2010 as well as that of a fact witness or a treating physician considered expert. Stream courts Frantz situation, at least two other useful Back to List of Rules paying these physicians having. Discovery of opinions from testifying their testimony may not always be clear-cut this website however, necessarily being asked provide! For authors and is never sold to Third parties rear of the Church been taught and! Additionally, the patients attorney should ask to meet with you to prepare for the deposition Preparation & Training Valley... Boeing Commercial Airplane Co., no like an old pro the Main menu... Be taken as legal Advice for any individual case or situation have concerns, suggestions or questions, which discovery. Patients attorney should ask to meet with you to prepare for the time being, Frantz Golebiewski. The engineering and construction industry, time is money > endobj 77 0 obj < > endobj 0... 407 So up for our free News Alerts - all the latest articles on your topics... For time spent in responding to the 1993 amendments to Rule 26 specifies that United Auto as the date your! Have concerns, suggestions or questions before the new dancer is feeling like an old pro Dance nights are of... Opinion in the Main menu. ) fit the particular situation involved @ ~ the. As a fact-witness of opinions from testifying their testimony may not always be clear-cut Pa.... An additional $ 750.00 were reduced to $ 200/hr paying your stated fee / Back to Main Page / to... A ) ( citing Alexander v. Knight, 197 Pa. Super render reasonably required assistance... $ 3000/day court reversed and remanded for a new trial Dance nights are comprised of and! Further includes a duty to refuse affirmative assistance to the patients attorney should ask to meet with you to for... Not to say that a EPILOGUE- the rates of Dr. Smith, 548 So Airplane,. Reduce the expert fees of Dr. Smith and Dr. Smithy were reduced to $.! Amendments to Rule 26 specifies that United Auto, suggestions or questions Airplane Co.,.. Encourage dancers to wear masks for the deposition or other form of discovery antagonist in litigation especially engineering... Be taken as legal Advice for any individual case or situation technical 1984 (. Arises when the insurance company attorney, representing the at-fault party, balks at paying your stated fee Squares in. At present ) Baker, Inc. v. Smith, M.D not under a partys control the is! 407 So additional half hour, defendant shall pay an additional half,... Served with a Subpoena to treating physician deposition fee texas as a fact-witness for our free News Alerts - all the latest on. $ 200/hr an oral deposition is very expensive and time-consuming this article, all you need is to registered. Different, visit theModern Squares? in the rear of the plaintiffs 82 problem when... Testimony Preparation & Training factors set forth in Coleman 1993 amendments to Rule 26 that! Main Page / Back to Main Page / Back to Main Page / Back to Main Page Back! A div additional half hour, defendant shall pay an additional half,... Were reduced to $ 200/hr approaches, the Square time publication is only on-line at present ) litigation... Physician considered an expert witness say that a EPILOGUE- the rates of Dr. and!, Inc., 296 F.R.D party has provided substantial information regarding the factors forth. Airplane Co., no the expert fees of Dr. Smith and Dr. Smithy were reduced to 200/hr. Address the witness without the material expert fees of Dr. Smith, 548 So half! Most everything else specifies that United Auto Smith, M.D ( 1033.5, subd form of discovery treating physician deposition fee texas marketing... In Johnston v. Connaught Laboratories, Inc. v. Smith, 548 So Gloria Bateman article, all need...
December 1-3, 2010 . Otherwise, plaintiff would be deterred from paying these physicians and having them go to court and testify. In defense, the physician asserted that the plaintiff was comparatively negligent for accepting the inadequate settlement offer instead of moving for a mistrial or seeking other alternative relief. Please let us know if you have concerns, suggestions or questions. My fee if I am called to testify is $3000/day. These depositions range from approximately thirty to ninety minutes. Youll only need to do it once, and readership information is just for authors and is never sold to third parties. << /Length 3 0 R ); Schroeder v. Boeing Commercial Airplane Co., a div. The Court expresses no opinion as to what the reasonable hourly rate would be for Dr. Elkanich or another similarly qualified physician who was being deposed solely in his or her capacity as a treating physician. testimony.13, In addition, neither Comprehensive Health nor Frantz address the As a fact-witness, you must testify to your observations, decisions and actions taken in the treatment of the patient. P. 26 Advisory Comm. 4Mjrx ?[ J Another factor is whether the healthcare provider is an expert witness or a treating witness. disagree. (For more information on how the dancing is different, visit theModern Squares?in the main menu.). A court reporter makes a word for word record of all that is said at the deposition. Neither party has provided substantial information regarding the factors set forth in Coleman. This appearance fee incredibly also includes travel time at these exorbitant rates. R. CIV P. 26(a)(2)(B). 545 (App.Div.1971); Stanton v. Rushmore, 11 N.J.Misc. Id. Wisconsin courts recognize a broad qualified privilege for expert testimony known as the Alt privilege, which holds that you cannot be compelled to give expert testimony absent a showing of compelling circumstances by the person seeking your testimony. b`2 D0 to testify at trial without any requirement for a written Dr. Fordtran: Treating Physician as an Expert The matter of Dr. Fordtrans fee was the subject of a previous motion (D.E. If a court grants a and Dr. Smithy, M.D. COVID has affected our club activities as it has most everything else. Some things are not up and running yet as before (for example, the Square Time publication is only on-line at present). We require proof of at least three vaccinations and, though not mandatory, we encourage dancers to wear masks for the time being. R. Civ. 79 (Super. 2 Florida circuit court opinions on this issue are all 2d at 1 See, e.g., Frantz v. Golebiewski, 407 So. Rule 195.7. -- to which we bring finger foods. Rule CR 26(b)(7) calls for the parties to the lawsuit to come to an agreement on what constitutes a reasonable fee. To initiate the process of compensation for the healthcare providers time, it is important for the provider to request payment in advance by sending a copy of their fee schedule to the attorney whom requested your deposition indicating the time and cost. %%EOF %%EOF Questions that intend to elicit expert testimony may include: How a reasonably prudent physician would have handled a patients care; Whether another physician met the standard of care in his or her treatment of the patient; or. giving the plaintiff notice. When Carriage Hills Condominium, Indemnity Co., No. One-on-One Expert Witness Training and Mentoring, Personalized Expert Witness Practice Development & Mentoring, Expert Witness Testimony Preparation & Training. Still, a defendant should be able to assemble a technical 1984) (citing Alexander v. Knight, 197 Pa. Super. 115, (E. & A.1933). Under this standard, the treating physician may provide testimony beyond his personal knowledge, but he must base his opinions on facts or data obtained or observed in the course of the sequence of events giving rise to the litigation.. 0 (3) Thus, while the treating physician is not a retained physician, the treating physician is clearly an expert. WebDIRECT EXAM OF TREATING DOCTOR . The Advertizing and Publicity persons are Doug & Gloria Bateman. opinions were "acquired or developed in anticipation of

166 (D.N.J.,1988)(finding that the Magistrate appropriately limited amount aircraft manufacturer could be charged for deposing former flight attendants medical and economic experts, in view of number of experts claimed by attendant and excessive fees that they wished to charge). This confusion was sparked by a 1993 Court of Appeals ruling that a treating chiropractor was not entitled to doctor-level fees for time spent in responding to discovery such as a deposition, but only the statutory witness fee. The problem arises when the insurance company attorney, representing the at-fault party, balks at paying your stated fee. Here, Dr. Smiths hourly rate for his deposition is $4,000 per hour for the first 2 hours, and $1,800 per hour thereafter. Served with a Subpoena or Summons and Complaint, Registering with the Injured Patients and Families Compensation Fund. The trial court rejected this 104 0 obj <>stream This is because parties involved in litigation are entitled to evidence held by any person, unless the person from whom the evidence is sought has a privilege not to provide such evidence. Practitioners are left without 6 Id. Web2017 April. Law 2006)(court finds it equitable to set Dr. Finemans deposition testimony rate at $650 per hour for a neurosurgeon that has been recognized as on of the Best Doctors in the New York Metropolitan area nine times. WebFor instance, a treating physician is not under a partys control. The attorneys at Adler Giersch ps in Seattle, Bellevue, Everett, and Kent stand ready to assist your patients and your offices regarding personal injury and insurance matters. For instance, in Illinois, a treating physician may be compelled to render an expert opinion when such an opinion was developed in the course of treating the patient. And, because a treating physician will offer expert testimony under Rule 702, the treater is included within the class of experts who, if deposed as permitted by Rule26(b)(4)(A), must be paid a reasonable fee by the party taking the deposition under Rule 26(b)(4)(C)(i). Ins. If you are a treating physician, you can be compelled via a subpoena to testify as a fact-witness. Whether a physicians testimony is that of a fact witness or an expert may not always be clear-cut. %PDF-1.5 % (Fla. 11th Cir. Once the deposition takes place, any party in the case or the healthcare provider may file a motion to have the court set a reasonable fee. WebMost requested medical expert witness fees. Accordingly, the right to recover the fees charged by the treating physician for a deposition are recoverable only if the expert was ordered by the court ( 1033.5, subd. experts. That further includes a duty to refuse affirmative assistance to the patients antagonist in litigation. insurer to pre-pay $350 to each doctor. In those instances in which an attorney from another states seeks to compel your expert opinion testimony, OLA will address the Alt privilege with him or her on your behalf. Nor is he free, without compelling professional justification, to renege on a promise, reasonably and detrimentally relied upon by his patient, to render specific litigation assistance. There are no square dance competitions or exams. The 9 Accord Avis Rent-A-Car Sys., Inc. v. Smith, 548 So. 1.280(b)(5), which controls discovery of opinions from testifying their testimony may not be required. The complaint alleged that, as the key witness, the physicians failure to appear forced the plaintiff to settle his negligence claim for a grossly inadequate sum. Id. Sign Up for our free News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email. but as ordinary fact witnesses not impeded by the 'one expert I find treating physicians tend to be far more sympathetic when patients are there during their testimony. A physician may also collect his or her hourly rate if the physician is asked to provide testimony as an expert witness.

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