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by Lisa Fields
You need a physician to testify as an expert witness in an upcoming trial, but not all doctors charge the same hourly rate. Will you know enough about your expert's specialized field to be able to negotiate her fee?
Round Table Group (RTG) can help. It has determined which specialists are most often requested and what they charge per hour, on average, based on RTG's client-expert pairings from 2006 and 2007.
"Doctors rank number one as far as what our expert witnesses charge," says Round Table Group's Nick Zafran, who has been researching and compiling the company's billing data.
"The average hourly rate for doctors is $551. Practically all of the doctors are specialists, since they're needed more often than general practicing doctors."
For billing insights, review the following details about the Round Table Group's top-five most requested physician-specialist categories:
1. Surgeons
These doctors are requested most frequently by RTG clients. Surgeons are almost exclusively sought after as expert witnesses for medical malpractice cases, and they average $625 per hour, according to Round Table Group data.
"This figure includes some brain surgeons and heart surgeons," says Zafran, "which may explain the high rate."
2. Cardiologists
Medical malpractice is also the top reason why heart doctors are sought after by attorneys, according to Zafran. Cardiologists average $560 per hour, although their rates (as well as all physicians' rates) fluctuate by geographic region.
3. Oncologists
Some--but not all--cases for which oncologists are requested are medical malpractice lawsuits. Oncologists average $580 per hour, according to Round Table Group data.
4. Psychiatrists
Per Zafran, most psychiatrists who are matched with clients through Round Table Group are asked to determine whether individuals are considered mentally stable. Psychiatrists average $423 per hour, according to RTG.
5. Infectious disease experts
These experts are sought after less frequently than the above-mentioned specialists, says Zafran, but the infectious-disease specialty sits squarely in the top five.
There is no clear litigation category for which these doctors are requested; cases seem to vary. Infectious disease experts average $508 per hour, according to Round Table Group data.
It is important to note that expert services firms commonly present a rate higher than what an expert demands. The amount varies but is typically around $100. In exchange for this, expert services firms locate and vet hard-to-find experts in all specialties. These experts, at the top of their field, are often not listed on any free "expert" databases.
Hourly rate increases with uncommon knowledge
Physicians' hourly rates tend to rise within specialties, says Zafran. Uncommon knowledge tends to command higher rates.
"The more specific a case is, the more expert witnesses can charge," explains Zafran. "If an attorney needs someone to be familiar with a specific rare medical procedure, the expert will charge more than a generalist, since fewer people would have such expertise. This is true even among the specialist categories."
Other reasons why physicians may charge higher-than-average rates: They're well-seasoned expert witnesses with extensive courtroom experience who feel they're worth more to attorneys--or they have extremely busy hospital or academic schedules and feel it isn't worth their while to consult for less money.
"But everything in this business is negotiable," says Zafran, "so look through experts' CVs and choose someone you want. Round Table Group is willing to work with you on fees."
The series continues
In our next issue, we'll focus on billing rates for expert witnesses who testify about patents. Of note:
- The number-one expert-witness request that Round Table Group fields is for patents cases.
- Most frequently, patent attorneys seek electrical engineers or computer scientists with academic posts to determine whether products infringe on patents.
- Attorneys also seek expert witnesses who can determine whether their clients' projects are legitimate, especially those who can evaluate electronic devices or source code for computer software.
Categories
Expert Billing Rates, The Expert Advisor
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