Was He Charging for the Actual Brain Surgery?
Law.com reports that a neurosurgeon had his expert fee slashed by a federal magistrate in New Jersey. Apparently, the good doctor charged $7,000 for TWO hours of deposition testimony. Wait, it gets better. If the case makes it to trial, then the doc rakes in $12,000 per day (rising to $15,000 for out of state appearances). Is this a TV appearance or a court appearance?! You could probably get Bill Clinton (or at least W) for that rate.
The expert, an assistant professor of neurosurgery at Thomas Jefferson University Medical College in Philadelphia, charges $5,000 for the first hour of deposition and $2,000 for every hour thereafter. I’m an assistant professor and thought that lawyers charged exorbitant hourly rates, but, my comment here is, Really?? Doesn’t quite pass the smell test.
The magistrate was just as appalled and cut the expert’s hourly to $600, which the defendant in the case will cover. If the expert doesn’t agree to reduced rate, the plaintiff will be on the hook for the difference. The expert was the treating physician in the case, which claims that the plaintiff was rear-ended by an ambulance and resulted in myelopathy and loss of spinal function.
The injuries are serious and tragic, but so is that fee. Those fees hurt everyone involved. It adds credence to the “hired gun” accusations against medical expert. The disabled plaintiff may have to pay the price if the doctor doesn’t agree to the capped rate. If doctors insist on fees above capped rates then it will surely have a chilling effect on contingency fee cases that depend on expert medical evidence.
While U.S. Magistrate Judge Karen Williams noted that neurosurgery may well command a higher fee due to the nature of the work, but she wasn’t about to cave to highway robbery. Hopefully the ruling will serve as a caution in this area. There is a difference between expert medical testimony and extravagant medical testimony.

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