The following blog entry is written to illustrate a common motion filed during civil litigation. Reviewing this kind of filing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident lawsuit and its proceedings.)
EXPERT FEES cont.
Disputed Costs for Dr. Greene:
1. $4725.00 for apparently 10.5 hours of work at $450 per hour
2. $175.00 for an MRI/CT scan
3. $225.00 for 3 X-Rays
4. $800.00 for a confirmatory consultation
5. $450.00 for a preparation of a report
As to number (1) above, the deposition testimony of Dr. Greene loosely estimated that he only had put in 7 hours on his review of this case (far less than the 10.5 Defendant has claimed). A reasonable review of the medical records in the Plaintiff’s opinion could have been done in less than half the time and accordingly the costs for this should be cut in half to $2,362.50 for 5-plus hours of work.
Numbers (2) and (3). The MRI/CT scans and the X-rays were unnecessary as several had already been taken and the Defense should have provided those to Dr. Greene well before his evaluation of the client. Therefore, these costs should not be reimbursable at all.
For number (4) Plaintiff is unsure what a confirmatory consultation even is. Without some description and or justification of this cost, Plaintiff refuses to pay for it.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Number (5) addresses the preparation of a report. This preparation should have been included in Dr. Greene’s initial review of the records and not as a separate cost. This just shows the excessive billing in this case and it should not be allowed.
Therefore, of Dr. Greene’s costs only $2,362.50 should be allowed. Coupled with his undisputed fee of $3,200.00 for his half day of testimony the total costs recoverable to Dr. Greene should be $5,562.50. (See Part 4 of 4.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.