Compensation for being a PA - medical expert in court

[sas5814]

option 3. Have your attorney contact their attorney.

Working on your own time using your own materials= your money. This isn't like being called away from work to testify. I'm not saying they are wrong for sure because, as I said, the law and common sense are often not even related, but it might be worth a few hundred dollars to hire a labor law attorney to make a couple of inquiries on your behalf or at least give you an opinion.

[rev ronin]

16 hours ago, just_nelle said:

Update: my division chair just sent me the SOM's policy on this and it very clearly spells out that no monies can be paid directly to me and must be paid to the institution.

Was this a policy you had actual notice of during your hire and compensation negotiation process?  If so, you might be a wee bit screwed.

On the other hand, I would LOVE to have that money go to the practice (NOT MY AGI) and then me get more CME/travel/memberships out of it.  I spend >10% of my PA income on CME and memberships--I could always use more, essentially pre-tax money for that.

For what it's worth, I do depositions occasionally, perhaps 1-2 a year, typically 1/2 hour plus travel time, and bill my employer my hourly rate and let them keep the fee.  I view it as just like me doing a very lucrative procedure.

[Cideous]

I've seen this several times.  Are they making you pay back monies earned in the past?  If so that would suuuuuuuuuck.  Either way I would finish these last two cases and then not do anymore.  Your right, you don't want to quit mid case and appear like a flake.

[just_nelle]

Rev - no this policy was not in place when I began this position 3 years ago. It was enacted shortly thereafter, but I was not aware of it until recently. 

Cideous - luckily no, not having to pay anything back. Yikes I can't even imagine that.

I think I will finish these two cases, have the compensation directed through the university into a departmental account earmarked for professional development and use it towards doctoral program costs over when I embark upon that next year. 

 

Thanks for all of the insight!

[rev ronin]

3 minutes ago, just_nelle said:

Rev - no this policy was not in place when I began this position 3 years ago. It was enacted shortly thereafter, but I was not aware of it until recently.

Ok, then how do they expect this policy regarding compensation to be binding upon you without your knowledge or consent?

If this were in my state, the state labor and industries organization would have some very pointed words for the University.  Now, that might win you the battle and lose you the war... but that's an option.

[surgblumm]

This was a confusing post because it was unclear if the PA is in a practice that has been sued or whether they are an expert in a case involving another PA. I have been an expert witness for more than twenty-five years in cases involving other PAs. In 95% of these cases, I did the workup for the defense.  This workup involves an agreement with the attorney as to the reimbursement. I charged for reading the transcripts, which includes everyone's notes as well as for giving a verbal summary. When requested, I charge for a written summary. I am then paid for travel and room and board and for a minimal number of hours for deposition and for testifying in court.

This is somewhat lucrative but also highly stressful and I stopped five years ago because as an added means of employment it became too nerve-racking and the attornies are usually just as up to date, if not more, because of services they use. If an injustice is being perpetrated against one of my colleagues and I have a good feel for the case as well as both the experience clinically as well as the academic knowledge, I would always consider being a witness. Do not do this work if you are a novice.