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Depositions: What's the going charge....

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  • Depositions: What's the going charge....

    Got a request from attorney in a personal injury case (not a malpractice case) to give a deposition on one of my patients. It has been years since I did one. How much should I charge. I don't want to be greedy but will require some time reviewing records and giving actual deposition.

  • #2
    When I was asked I figured out the value of my time based on how many patients per hour I saw, how many wRVUs each office encounter generated, on average, and then charged that much. It ended up being about $600 per hour for the actual deposition since that was going to be done during normal office hours. For the record review I charged half as much since I could theoretically do that after hours. I’m probably on the low end though.

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    • #3




      I do a flat fee of $2k for a deposition as a treating physician in a personal injury case.
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      Paid in advance, check clears a week prior to the depo, non-refundable if the deposition gets cancelled or rescheduled for any reason.

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      • #4


        I don’t want to be greedy
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        How come? You're a professional with a very specific knowledge base. You should be compensated for that.

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        • #5
          How much is that lawyer getting paid for that day of work?  Three years for law school, then 3-5 years for lawyer residency, followed by legal fellowship, then...

          Oh wait, lawyers don't go to residencies and fellowships.  We might get an LLM for tax, patent law, admiralty law, or to practice in the U.S. if you did law school (usually at the bachelors level) in another country and want to practice in the U.S.

          Don't be afraid to get paid for missing a half day or full day of work.

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          • #6
            When you do any type of outside consulting, your rate should be double what you could make per hour just showing up for work.  So perhaps you are a physician making 400k, roughly $200/hr, then you should charge $400/hr for any outside consulting work.

            If you have to cancel a full day of patients for a deposition, then $4000 is reasonable.  If it is only a short deposition, then $2000 is reasonable if they come to your office and make it convenient for you, or $3000 for a half day if there is travel time involved getting to them and then getting back to work.

             

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            • #7




              When you do any type of outside consulting, your rate should be double what you could make per hour just showing up for work.
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              Agree.  I'd rather be at work then having to sit through a deposition.  Plus I'll be backed up with the patient's I didn't see, every day for the next week.  So I/you need to be compensated for that as well.

               

              Maybe I'm a jerk to lawyers & insurance companies, but I figure the rate should be high enough that they'll drop the request, or I'd be dumb not to take it.  Especially with these chart review requests...
              "Oh look another bajillion point declin-Ooooh!!! A coupon for pizza!!!!" <--- This is what everyone's IPS should be. ✓✓✓

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              • #8
                “i’ve had some lawyers balk at it, having a lawyer not like your rate is not a crime.”

                It’s one of your patients. MPMD framed the request as the treating physician. Absolutely justified in charging for lost production time and preparation (plus a bit for your pain and suffering).

                Balking is simply the mentality of thinking of paying an hourly rate. You have to carve out a block of time and lose production. Whatever that is, is reasonable.
                Patients balk at bills, why should an attorney be any different? If you like the patient, use in network rates.
                Cash in advance is really smart. An attorney doesn’t respond to collection letters.

                By the way, nonpayment of a Bill (fraudulently) can get an attorney disbarred in some states. That gets their attention.

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                • #9
                  I rather like it when they balk. Usually they'll just say forget it and I don't have to waste my time with a worthless deposition for a worthless lawsuit.

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                  • #10
                    The docs I know who do consulting charge between $400-$600/hr in this VHCOL area and no one balks, it seems that is the going rate.  The docs who charge $350/hr are considered below market.

                     

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                    • #11
                      when you guys give per hour amounts, is that only per hour of deposition or do you consider prep time? I'm assuming one would delve into the EMR somewhat deeply to have a decent understanding of what is going on, so curious if you charge for that

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                      • #12




                        when you guys give per hour amounts, is that only per hour of deposition or do you consider prep time? I’m assuming one would delve into the EMR somewhat deeply to have a decent understanding of what is going on, so curious if you charge for that
                        Click to expand...


                        It should include deposition plus any preparation. I'd also include an hour minimum, too.

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                        • #13
                          I charge $650/hour, regardless of the activity (chart review, phone or in person conference, writing an attestation, or deposition). I also charge for one- way travel time. I don't charge for eating or sleeping in a hotel when I travel to give testimony in court. No one has ever balked.

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