Best Practices Guidelines  

Issued by the Law Society of Singapore and the Singapore Medical Association (01/2000)

Medical Fees for Court Attendance and Preparation

1 These Guidelines are issued jointly by the Law Society of Singapore and the Singapore Medical Association. While they are not binding, it is hoped they will provide a common convention as well as transparency in dealings between lawyers and medical witnesses. They were agreed upon in an effort to address various disputes and misunderstandings over professional fees that have arisen between lawyers and doctors over the past few years. The Guidelines have been prepared in the spirit of mutual respect as fellow professionals.
2 These Guidelines are issued with reference to the Singapore Medical Association's 'Guidelines to Court Attendance and Preparation Fees' as at 2000, the text of which is reproduced as Annex A herein.
3 These Guidelines only affect the conduct of civil litigation. In particular, they address the issue of cancellation fees charged by doctors upon being informed of the settlement of a civil action or proceeding, either prior to or after the commencement of the hearing.
3.1 The rationale for the imposition of cancellation charges is that the medical practitioner, upon being subpoenaed for a period of time, is unable to schedule appointments or procedures for that entire period, leading to a consequential loss of earnings.
3.2 As a matter of good practice, it is suggested that when a doctor is subpoenaed, notwithstanding that the subpoena obliges him to be present in Court from the first day of the trial to its conclusion, arrangements are made to have the doctor on 'stand-by' only for specific dates where he is expected to give evidence. That doctor can then be advised by the party obtaining the subpoena that his attendance apart from the 'stand-by' dates can be dispensed with.
3.3 If the doctor agrees to be on 'stand-by', that doctor should make a commitment to be available in Court within one to two hours' notice on the 'stand-by' days. The doctor can then remain at his clinic/office subject to his remaining contactable at all times. In this regard, the doctor should make available his handphone, pager and direct telephone numbers.
3.4 In practice, in personal injury cases, the evidence of both the plaintiff's and the defendant's doctors are often heard on the first day, with the defendant's doctor being interposed as a witness after the plaintiff's doctor has completed giving evidence. This is a procedure, albeit subject to mutual agreement between the parties and the Court, which has much to commend it from the point of view of costs. The doctor only needs to 'stand-by' for the first day of trial, and accordingly, will only be entitled to charge at most for one day, whether the action settles before or after the commencement of trial. Where possible, this procedure ought to be adopted unless disallowed by the Court, or where it would prejudice either party's case.
4 Obviously, not all doctors' practices are dependent on pre-arranged scheduling and appointment in advance. Where doctors are able, notwithstanding the subpoena or 'stand-by' dates, to continue practising without any, or any significant, disruption, they should consider reducing their cancellation charges accordingly.
5 These Guidelines obviously cannot provide for every situation. However, it is hoped they will reduce conflict between medical and legal practitioners.

Annex A

Court Attendance and Preparation Fees
If a private medical practitioner is sought as a witness, the guidelines to the fees claimable are:
 

A

 Preparation Fees  

1

 Medico-legal report by Professional Witness $300 to $500

2

 Medico-legal report by Expert Witness (involving research) $500 to $700

3

 Trial Preparation (review of medical notes) $100 to $200

4

 Trial Preparation by Professional Witness (involving research, discussion with solicitors, preparation of affidavit, etc) $200 to $400 per hour

5

 Trial Preparation by Expert Witness (involving research, discussion with solicitors, preparation of affidavit, etc) $400 to $600 per hour
 

B

 Court Attendance Fees  
  Duration of Court Attendance Professional Witness Expert Witness
  Each half day or part thereof $1,000-$1,500 $1,500-$2,000
 

C

 Cancellation of Court Attendance  
  Cancellation before hearing has commenced Fees Claimable

1

 More than 14 days' notice NIL

2

 More than 7 days' up to 14 days' notice 25% of 1 day's attendance

3

 More than 48 hours' up to 7 days' notice 50% of 1 day's attendance

4

 More than 24 hours' up to 48 hours' notice 75% of 1 day's attendance

5

 24 hours' notice or less 100% of 1 day's attendance
  Cancellation after hearing has commenced Fees Claimable

1

 Days where the medical practitioner is present in Court 100% of each day's attendance fees.

2

 Remaining trial days where medical practitioner has been subpoenaed and compelled to attend (and no arrangements have been made for the medical practitioner to 'stand-by' only on specified dates). 100% of attendance fees for each day subpoenaed.

3

 Days where medical practitioner is not present but asked to be in Court on 'stand-by'. 50% of attendance fees for each day on 'stand-by'.
     
  Note:  

(i)

 A 'Professional Witness' is called only because of his direct doctor-patient relationship with the patient.  

(ii)

 An 'Expert Witness' is called or appointed for a 'second opinion' or expert testimony in legal proceedings. In view of this, a premium would be commanded.  

(iii)

 The court attendance fee applies whenever the practitioner is summoned irrespective of whether the case proceeds or is subsequently postponed.  

(iv)

 The above amounts are negotiable between the practitioner and the Counsel.  

(v)

 These Guidelines are not applicable in criminal cases.