Litigation Support

Why Use A FootLaw.Com Physician-Attorney?

The Physician-Attorneys listed on Footlaw.com can give your case several advantages not available from an expert witness:

• Generally, all opinions of expert witnesses are discoverable by the defense. Whereas, opinions and work product of an attorney (even a physician-attorney) are generally non-discoverable.
• All communications between the client and the physician-attorney are generally privileged communications.
• A physician-attorney can give you better insight when preparing questions for deposition or trial. The physician-attorney (if admitted pro hac vice) can conduct the deposition and can even participate at trial as second chair.
• The defendant’s malpractice insurance company often has had extensive experience in the specific issues of foot and ankle malpractice. Your client deserves a member of the legal team with knowledge of both the foot/ankle and the law!

“Outsourcing” with a physician-attorney can produce greater profitability by a) providing you more time to pursue other cases, b) leading to more speeding settlements, and c) providing rapid turnover of cases.

Active Co-Counsel with other lawyers or law firms with potential cases or ongoing cases. As active co-counsel, we are available to

• Review and evaluate the case
• Assist in obtaining expert witnesses
• Assist with the preparation of the pleadings
• Assist with the preparation of discovery
• Assist in, attend, and/or conduct depositions
• Assist in settlement negotiations
• Act as second chair at trial.

Our usual fee schedule for active case participation is one-third (1/3) to one-half (1/2) of the contracted attorneys’ fee for the case (depending upon the posture, status, and assessment of the case).

Alternatively, we can provide:

Case evaluations and screenings,including: 

• Evaluation and summary of medical records
• Case research for the latest specific case law
• Medical literature research
• Spoliation of evidence, including medical records evaluations.

A case evaluation and review fee of $395.00 per hour will apply to all cases assessed for a lawyer or law firm with a current or potential client. Most cases require approximately 2 – 3 hours which includes a detailed written report sent to the requesting attorney. Completed case reports generally take less than 1 week to finalize from the date all of the data required is received but an expedited turn around can be provided with an additional $100.00 per hour fee consideration. The fee paid for this evaluation service will be credited should the attorney or law firm retain our services thereafter in an active capacity.

• Expert Witness Services: Generally, we do not provide expert witness services and we only provide expert witness referrals on cases in which we actively participate.Footlaw.com member, Charles F. Fenton III is available to serve as expert witness for your client.
• In house lecture and updates for legal firms and Bar Associations (contact the individual physician-attorney for information concerning any honorarium).
• At-Trial Assistance – If at trial issues arise suddenly, the presence of a physician attorney can be invaluable – especially in courts where expert witnesses are excluded when not testifying. Our fee for this service is (a) $1,500.00 per day or part thereof; (b) all related travel expenses; and (c) an hourly fee of $395.00 for pre-trial preparation and review of medical records, depositions, and other items necessary for proper preparation.
• Other Health Law Related ServicesWe can also provide consultation or co-counsel assistance on Health Law related issues, such as:
  1. Medicare Recoupment Actions
  2. Federal or State Fraud defense actions
  3. Federal, State, or Third-party Payor Fraud prosecution actions
  4. State Board Actions