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The Physician's Obligation to Testify and His Right to Compensation

Published online by Cambridge University Press:  01 January 2021

Harold L. Hirsh
Harold L. Hirsh*
Affiliation:
Gaorga Washington University, Howard University College of Medicine
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Extract

It has long been held that a physician who has had no previous professional connection with an incident affecting an individual has no duty to testify on his behalf in court. Where a physician is requested to appear as an expert witness to give opinion testimony, he has no legal obligation to accept and his appearance is purely voluntary and by prearrangement. Under these circumstances, the physician may require that he be paid an “expert” witness fee in an amount determined by the usual and customary fee for such services and by the amount of time he actually spends in the preparation and presentation of his expert testimony.

Type
Article
Information
Medicolegal News , Volume 3 , Issue 1 , January 1975 , pp. 3 - 7
Copyright
Copyright © American Society of Law, Medicine and Ethics 1975

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