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Do You have to Pay Your Treating Doctor for his Testimony

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Medical Malpractice on Sunday, May 24, 2015.

When you file a medical malpractice case, your doctor may have to testify on your behalf. If this is the case and these arrangements have been made, do you have to pay him?

When you file a medical malpractice case, your doctor may have to testify on your behalf. If this is the case and these arrangements have been made, do you have to pay him?

You have to Pay Your Doctor for his Testimony

The answer is yes, you have to pay the doctor who is treating you for his testimony. The doctor is taking time out of his busy schedule in order to come to court and testify on your behalf. He has a busy practice or works in a hectic hospitable and when he has to come to court, he will not be able to see patients. This will diminish his earnings.

It is also polite to pay someone who is making this type of sacrifice for you.

What Testimony does Your Doctor Provide?

Your doctor will do one or two things. Typically, the doctor will come to court and explain to the jury what problems you are having, what he has observed, and what his prognosis is for your condition for the future. He will explain to the jury his diagnosis of your condition, how he arrived at the diagnosis, and the treatment he has been providing. He will also tell the jury, the deterioration of your health, and the forecast of your injuries.

The doctor will also provide a prognosis about the treatment you are going to need in the future, and the chances of you fully recovering from your injuries.

In some instances, your lawyer might also ask your doctor to be the expert witness. In order to do that, your lawyer will have to send him all your medical records associated with whatever treatment you had before you ever met your current doctor. Then your lawyer will have to ask the doctor specific questions about the treatment you received prior to him coming to you.

Why is this done? It is done because the best person in a position to answer these questions is the doctor who is actually treating you. He is the one who is seeing you regularly, and he has seen how your condition has changed over the course of time. Therefore, who better to give educated and notable opinions about the standards of medical care, and whether there were any violations of the basic standards than your treating doctor?

When or if your doctor agrees to be your expert witness, then he will be involved in handling more work for you. He not only has to come to court and give testimony, but also go through your medical records, go over them, and preparer for the testimony that is required. This will involve much more of his time compared to simply coming to court and offering some testimony.

Bolstering Your Case

Based on this logic, if your doctor is coming into court to testify on your behalf, you will have to pay him. Their time is valuable and this process is not helping them any but it is consuming their time. You will not receive their cooperation unless you agree to pay them for their services. This is the person you want in court helping your case.

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