Original question and Answer to the Life-Care plan

kimberly lindsley

Description

Title:

Original question and Answer to the Life-Care plan

Creator:

kimberly lindsley

Date:

9/2/2015

Text:

Original question:
   Recently our office has seen an increase in workers comp claims.  We have done many lifecare plans of the last few years and been deposed on several occasions.  As you know this can be very time consuming.  Do you charge for lifecare plans? If so, a flat fee? Depositions? Flat fees or hourly?  Or does the O&P community feel it is just part of the job? We have 1 attorney that eats our time, and the lawsuit has been going on for 6 years, and he continually wants us to provide him information and our time. 

Looking forward to your comments and advice.
Your comments :
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 I do a lot of expert witness work. You have a right to charge for you time in providing life care plans. You also have a right to charge during a deposition if you are providing expert witness assistance. However, it the requests comes  from an attorney for documentation of one of your patients,  you will  need to provide that information.  If you are named in a case then you must appear at a deposition or there  may be a court order to do so.  If the attorney is asking for  O&P knowledge in general, then you have a right to charge for your expertise.

Hourly fees for expert witness assistance usually run anywhere from $300.00 to $ 500.00 per hour and higher for depositions and also for transportation and board if needed.  Start charging for your expert time and talent and watch your one attorney slow down on his requests.  Hope this helps.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>What does a physician or physical therapist charge per hour? I think my time is as important as theirs
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We charge the same rate as the physicians hourly rates for depositions.  Or you should set a flat fee for a life care plan.  Everybody has different charges but you should be compensated in full for your time.  Rest assured the attorney is charging when he consults with you
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I would do hourly rates broken down to 10 or 15 minute increments
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>Absolutely charge for your time. Doctors do. I have charged up to $750 per hour. That would be on the high end, but should give you an idea
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When attorneys contact us even when we are the treating prosthetist, they are contacting us as an expert to provide a service.  We should always bill for these services and in my experience the law firms expect to pay for these services.  No other medical professionals give away their expert opinions for legal services.  This is not part of our regular patient care, it is billable time to review medical records, consult with an attorney by phone or in person, draft a report or write an opinion, be an expert witness who is deposed or asked to be a witness in court proceedings.  All of these are examples of billable time.  Develop a fee schedule for legal services and send it along with the practitioner's CV to negotiate terms before agreeing to provide any legal services.  I would be willing to discuss strategies to determine reasonable fees for your area by phone (if you distribute the responses, please omit my name and this last sentence
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>I have stopped doing these completely.  I explain that technologies change so often that there is simply no way to estimate lifetime use.  I offer the current bill, explain how often I think the patient will need a replacement and tell the attorneys to figure it out from there.  How can we predict what a prosthesis will cost 20 years from now? 

I would certainly not do this for free.  This is NOT part of our job.  If I were to do it and charge, I would ask the attorney what he/she charges hourly and match that.  Our company attorney changes $250/hour
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That's a fee for service I would definitely charge. I don't work for free.
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Speak with an attorney that specializes in W/C cases and litigation
about what is appropriate for you to charge. You will likely haev to pay
him for the privilege. Your own attorney should be able to refer you to
someone. We bill them 2.5x our normal labor rate for out of office
depositions - 2hr minimum plus full hour for any portion thereafter plus
mileage to travel each way. We get the check at the deposition - do not
leave without it or you will likely never see it! Made that mistake once.
I defer life care plans to people that do them routinely - very
specialized document. I understand they can cost upwards of $3000 for a
simple BK. then they charge for their time in court as per above as well.

If you are a parcipient witness you have no choice but to testify at a
deposition, but not for free. If you hire out as an expert witness -
whole different ball game. Talk to an attorney to keep yourself from
being taken advantage of, soon as you start sending them a bill, they
will stop calling.....has worked very well for us.
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I have a fee schedule for all such legal activity, including life-care plans – and no attorney has balked at my charges.>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>



Thank you again.   The response was overwhelming.  It is nice to see such eagerness to help.  What an Elite group of Professionals to be associated with.

Kim Lindsley



                          

Citation

kimberly lindsley, “Original question and Answer to the Life-Care plan,” Digital Resource Foundation for Orthotics and Prosthetics, accessed November 2, 2024, https://library.drfop.org/items/show/237715.