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Doctors are being advised to consider not doing expert witness work if they feel they are not being paid a reasonable rate for the job.
BMA medico-legal committee chair Jan Wise made the recommendation in response to a decision by the LSC (Legal Services Commission) to cap the hourly rate of pay for all expert witnesses in publicly funded cases.
A group of 500 expert witnesses is launching a judicial review into the cap on pay for work undertaken by experts in all legally aided civil, family and criminal cases, which came into force on October 3.
Time out
Dr Wise said doctors would have to consider if it was worth taking time out of NHS services to spend on such complex and time-consuming work, which carries a high reputational risk.
‘If someone says, “We are not going to pay you for more than nine hours’ work”, why are you doing more? You should say, “Here is the report so far,”’ he said.
Dr Wise said experts needed a proper contract to ensure both parties knew what was expected of them.
He added: ‘It will require practitioners to say, “I am free, but I’m not doing that”, and they will find someone who will do it, but then those people will get too full.’
Fee difference
The judicial review being launched by the Consortium of Expert Witnesses to the Family Courts will focus on London rates, which are lower than those for experts outside the city.
A neurologist in London, for example, would be paid £90 an hour, while outside London the fee would be £153 an hour.
The MLC was due to meet the LSC later this month to discuss the reforms, but that has been postponed until litigation is concluded.
Medico Legal News Source: British Medical Association
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