Medical-legal Liaison Committee Hypothetical Case Report
| Publication year | 1983 |
| Pages | 740 |
1983, May, Pg. 740. Medical-Legal Liaison Committee Hypothetical Case Report
In the interest of improving communication between the medical and legal professions, hypothetical case reports, such as the following, will be a periodic feature in the Denver Medical Bulletin and The Colorado Lawyer. These reports, generated by the Denver Medical Society-Colorado Bar Association Liaison Committee will identify common interactions between physicians and attorneys where misunderstandings can occur.
By informing both professions and suggesting guidelines for interactions, the Committee hopes these cases will be sure to generate a positive working climate. The Committee welcomes written comments or questions in care of the Medical Society's Office: Denver Medical Society, 1601 E. 19th Ave., Denver, CO 80218; 832-8332.
Dispute: I called Dr. A's office in order to schedule Dr. A for trial. I spoke with Dr. A's secretary who informed me that his charge was $1,000 per hour and that payment had to be received two weeks in advance and would not be refunded in the event of cancellation.
Action: I scheduled Dr. A. for trial with his secretary and then attempted on three occasions to talk with him by phone. Thereafter, I wrote a letter to Dr. A informing him that: (1) I would not pay $1,000 per hour; (2) I was willing to pay a reasonable fee and suggesting the range I had been charged in the past; and (3) if we could not work something out he was under subpoena to testify and that I would let the judge decide what an appropriate fee should be or we could refer the matter to the Interprofessional Committee of either the Denver or Colorado Bar Association.
Result: Upon receipt of my letter, Dr. A's secretary called me and we worked out a reasonable fee.
Comment: When faced with a dispute over a doctor's charge, the lawyer should contact the doctor directly and try to resolve the dispute. He should not delay in doing this until after the doctor has testified or performed other services, since he then may be under a contractual obligation to pay despite the fee being unreasonable. If the lawyer and doctor cannot resolve the dispute themselves, it is suggested that the dispute be referred to the Interprofessional Committee of either the Denver or Colorado Bar Association.
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