Expert Witness Fees • Performing Echocardiography Procedures

QUESTION: Do you have any information on what physicians can charge when they receive a subpoena or are giving testimony during a deposition?

ANSWER: CMA’s ON-CALL document #0910, “Expert Witness Issues,” discusses what physicians can charge when testifying as an expert or statutory witness.

Expert Witness Fees: Treating Physician
A non-party treating physician who is to be asked during a deposition to express opinion testimony or factual testimony regarding the past or present diagnosis or prognosis made by the physician, or who is asked the reasons for a particular treatment decision, must be paid as an expert witness. The physician’s reasonable and customary hourly or daily fee must be paid (A) for any time spent by the physician from the time specified in the deposition subpoena; or (B) from the time of the arrival of the physician should that be later than the time set forth in the deposition subpoena; and (C) until the time the physician is dismissed from the deposition, whether or not the physician is actually examined by any party attending the deposition (1).

Statutory Witness Fees: No Expert Testimony
If the deposition or other examination of a treating physician involves only reading words and symbols in the medical records and requires no opinion, prognosis/diagnosis, or treatment justification testimony, only statutory witness fees must be paid: $35 per day plus $0.20 per mile round trip (2). This includes situations where words and symbols are not legible to the deposed practitioner and he or she approximates their meaning. Only the party requesting the deposition is responsible for payment of the physician’s statutory witness fee.

Payment of Expert Witness Fees: Timing
If the physician is a formally designated expert in a case, or is a treating physician and will be asked opinion questions at the deposition or other proceeding, payment for the expert’s anticipated time at the proceeding must either accompany the notice or subpoena, or be paid at the commencement of the proceeding (3). If the party giving the notice for the proceeding fails to tender the expert fee in this manner, the expert is not required to give testimony unless there is a stipulation to the contrary (4). If the examination of the expert takes longer than anticipated, the party giving notice of the proceeding must pay the balance of the expert’s fee within five days of receipt of an itemized statement from the expert (5).

QUESTION: I understand that United Healthcare has released an announcement requiring all participating, freestanding imaging facilities and physician offices performing echocardiography procedures be accredited by March 1, 2008, as a condition for reimbursement.

ANSWER: As long as these facilities have submitted their application to the American College of Radiology (ACR) or the Intersocietal Accreditation Commission (IAC) by March 1, 2008, they will be in compliance with the accreditation program. On the average it takes six to nine months to become accredited.

Resources:

1. Code of Civil Procedure §2034.430(b)
2. Code of Civil Procedure §2020(f); Government Code §68093
3. Code of Civil Procedure §2034.450; Government Code §68092.5(a)
4. Code of Civil Procedure §2034.460; Government Code §68092.5(b)
5. Code of Civil Procedure §2034.450(c); Government Code §68092.5(a)