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  • Not paid for deposition

    I did a deposition almost 5 months ago(defense attorney deposed me bc I saw the plaintiff before the accident occurred)…
    I emailed them my hourly rate before the deposition. And I emailed them an invoice after deposition.
    I sent another notice 3 months after and I have not been paid.
    next steps?

  • #2
    Did they agree in writing to your terms?

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    • #3
      Related: When Im deposed, I require the chart review and first hour charge to be paid in full up front

      Comment


      • #4
        I wouldn’t even consider doing one without being paid upfront. As a matter of fact it’s not paid 1 week prior I cancel.

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        • #5
          I always get paid upfront. If they cancel within 24 hours, I keep the deposit

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          • #6
            Originally posted by Savedfpdoc View Post
            I did a deposition almost 5 months ago(defense attorney deposed me bc I saw the plaintiff before the accident occurred)…
            I emailed them my hourly rate before the deposition. And I emailed them an invoice after deposition.
            I sent another notice 3 months after and I have not been paid.
            next steps?
            Sounds like you might have been deposed as part of the treating team, which of course gives you nothing. Make sure to remind them you were not required to do it, if indeed the case.

            Did you send them an invoice?

            Comment


            • #7
              Originally posted by abds View Post
              I wouldn’t even consider doing one without being paid upfront. As a matter of fact it’s not paid 1 week prior I cancel.
              this is what i do as well.

              full repeat fee for rescheduled dep within 1 week of schedule.

              you have a sacred duty to care for your patients, you do not have a sacred duty to provide testimony as a treating MD in personal injury cases.

              Comment


              • #8
                Originally posted by PedsCCM View Post
                Did they agree in writing to your terms?
                I told them in writing my hourly rate before the deposition. And they replied “thanks will send to accounting” when I sent them invoice

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                • #9
                  Originally posted by 8arclay View Post
                  Related: When Im deposed, I require the chart review and first hour charge to be paid in full up front
                  Smart. Lessened learned although it is a legal requirement to show up regardless if paid or not so there’s that…

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                  • #10
                    Originally posted by Savedfpdoc View Post

                    Smart. Lessened learned although it is a legal requirement to show up regardless if paid or not so there’s that…
                    Was there a subpoena?

                    Comment


                    • #11
                      Originally posted by Savedfpdoc View Post

                      Smart. Lessened learned although it is a legal requirement to show up regardless if paid or not so there’s that…
                      Unless you have a court subpoena you are not legally required to show up for an unpaid deposition.

                      OP this is lesson you learned - never give a deposition in good faith. Cold hard cash works best.

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                      • #12
                        Originally posted by Kamban View Post

                        Unless you have a court subpoena you are not legally required to show up for an unpaid deposition.

                        OP this is lesson you learned - never give a deposition in good faith. Cold hard cash works best.
                        Yup court subpoena

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                        • #13
                          If you're subpoenaed then you show up and read your chart. You're not an expert witness. If they want an expert opinion then that costs $$$.

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                          • #14
                            Originally posted by 8arclay View Post
                            Related: When Im deposed, I require the chart review and first hour charge to be paid in full up front
                            +1.

                            I was warned by an Attending during residency to do it this way, and the advice always stuck with me.

                            Comment


                            • #15
                              Was my suspicion, you were part of the case, not an expert, you dont get paid.

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