Instructing a Medical Expert: Fees, Timelines and Joint Reports
Instructing a medical expert looks simple on paper. A solicitor sends records, the doctor writes a report, and the case moves on. In practice, the details of fees, deadlines and whether to use one expert or two decide whether the process runs smoothly or stalls.
Starting the Instruction Well
Good instructions begin before the first document is sent. The solicitor should know what questions need answering, which specialty can answer them, and what the court timetable allows. A short call with the expert's office at this point saves weeks later.
Many practices now invite an early conversation. The medico-legal CV for Mr Marco Scarci, a consultant thoracic surgeon, sets out his current appointments, areas of expertise and the types of instructions he accepts.
Clear instructions help the expert too. A good letter states the issues, the type of claim, the dates of the incident and the deadlines, and it lists the records enclosed. An expert who receives a vague brief will spend time asking for clarification, and the cost rises. A one-page summary of the case, with the key dates and the questions in numbered form, makes it easy for the expert to confirm what is being asked.
Solicitors can download the CV for their records or discuss a case directly at https://thoracicsurgeryexpertwitness.co.uk/medico-legal-cv/.
Agreeing the Terms of Appointment
The Civil Justice Council’s guidance says terms of appointment should be agreed at the outset. It lists what they should normally cover, including the capacity in which the expert is appointed, the services required such as a report, written answers, meetings and court attendance, the time for delivery of the report and the basis of the expert’s charges.
The list goes further. It includes travelling expenses, cancellation charges, fees for attending court, the time for payment, whether fees are to be paid by a third party, and guidance that the court may limit an expert’s fees and expenses. It notes that parties must give the court an estimate of the costs of proposed expert evidence.
Putting these items in a single letter of appointment prevents most later disputes. Both sides then know what is included and what is not.
Capacity deserves particular attention. An expert appointed by one party owes the same duty to the court as a single joint expert, but the working arrangements differ, since a party expert takes instructions from one side while a joint expert takes them from all sides. The letter should say which role is intended, and it should say what the expert is to do if the instructions change, if the case settles, or if the trial date moves.
Understanding Expert Fees
Experts charge in different ways. Some use hourly or daily rates with an estimate of time, and others quote a fixed fee for a report. The CJC’s guidance for the instruction of experts in civil claims mentions both approaches as acceptable bases for charges. A fixed fee gives certainty but depends on a clear description of the work.
The practice behind the thoracic surgery expert witness service states that its costs depend on the complexity of the case, that it offers fixed fees for reports, flexible payments in compensation cases including deferred payment terms, and fifteen minutes of free consultation with each case.
One rule is firm. The guidance strongly discourages payment of an expert’s fees contingent on the nature of the evidence or the outcome of the case, because it can compromise independence. Solicitors who are considering conditional arrangements should read that section before agreeing anything. Short extra explanations can prevent a later argument over costs. Clarity helps.
Setting Realistic Timelines
Timing depends on the expert’s workload and on the completeness of the papers. The practice states that its consultant does approximately four to five reports a month while working full-time as a surgeon, and describes a short turnaround. A solicitor should still ask for a date in writing and ask what would delay it.
Delays usually come from the instructing side. Missing records, unindexed bundles, late scan images and uncertainty about the issues all slow the work. Sending complete, paginated documents with a clear chronology shortens the process, and so does confirming court dates at the outset.
Build in time for questions. After a report is served, the other side may put written questions, and the expert must answer them within a reasonable period. Factor that stage into any trial timetable. If the expert is likely to be on leave or in the operating theatre at a key point, agree alternative dates early, so that nothing is left to chance in the final weeks.
When a Joint Report Makes Sense
Parties do not always need rival experts. The CJC guidance explains that the rules encourage joint experts, that wherever possible a joint report should be obtained and that single joint experts are the norm in cases allocated to the small claims track and the fast track. They are most useful where the medical issues are not expected to be contentious.
A single joint expert owes an equal duty to all parties. The guidance says they should keep every instructing party informed, serve reports simultaneously on all of them and maintain independence, impartiality and transparency at all times. Parties should try to agree joint instructions and the documents to be provided.
Joint instruction saves cost, but it removes the chance to commission a report that favours one side’s position. Solicitors should weigh whether the case is simple enough for a single opinion. Seek advice if you are unsure. Ask the expert’s office for guidance.
