Today I took the deposition of an orthopedic surgeon who was hired by the defense lawyer in a high-speed car accident case. The defense lawyer was hired by the at-fault driver’s insurance company. So technically, this defense expert was also hired by the insurance company.
Now, this defense expert did not tell me much that I did not already know or expect. But I felt the need to take her deposition so I could pin her down before trial. I don’t need an expert being allowed to say anything at trial without me having a record of prior testimony in case I need to impeach.
Now, what is a little frustrating is that this expert charges $500/hour for a regular deposition. My injured client has to bear this expense for the privilege of learning in more detail how the defense expert will testify at trial. Yet I chose to videotape this deposition, for many reasons that I won’t go into now. But I learned at this expert’s deposition that she charges $750/hour for a video deposition, $250/hr more for a deposition that is not recorded on videotape.
So, I was interested in why this expert needs $250/hour more when she’s on video. I expected to hear something like she needed to do more preparation, or that she needed to view the video afterwards. But these weren’t the reasons. The only reason was this: the video deposition was simply more stressful than a deposition that is not recorded. What??
You mean Ms. Orthapedic Surgeon, you feel more nervous on video? So my client has to pay an extra $250/hour because of your extra anxiety? Yep, that’s the only reason.
Is it really more anxiety? Or is the video deposition just one more way this popular defense medical expert can make more money by doing work for defense law firms and insurance companies? Just another way to squeeze money from an accident victim who was forced to file suit in a rear-end accident case because the at-fault insurance company argued that the injuries were pre-existing and the treatment was excessive.
Most of the media reports about how the tort system is out of control and most people who file these cases are too litigious and cause more expense and higher insurance premiums for everyone. I know such charges are completely false. But I wish more people would learn about how the defense medical experts use the system to line their own pockets at the expense of well-deserving victims.
That is really terrible. Are there no rules or tarriffs that apply to hourly fees for experts in Washington?
I bet that witness would give the extra $250 per hour back if she could retract that answer. Good for you for asking.
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It is ridiculous that you have to pay to learn what their hired gun is going to say or to pin them down. It’s even more stupid that you have to pay extra so that the jury can watch and see their face as they tell it.
Thank you both for your comments. As attorneys, you know how frustrating it is to have pay a lot of money to the insurance company doctors just to learn the basis and reasoning behind their opinions. I’ve found that more and more defense doctors are starting to charge more for a video deposition. The excuse that a video deposition is “too stressful” just doesn’t cut it in my book. Afterall, the defense doctor CHOSE to participate in the case. My decision to video tape the deposition is allowed under our Civil Rules, so why should my client have to pay more for this? He shouldn’t.