Here is an example of psychoanalytic jargon in the opinion section of a report that could have been deadly if it had gone unchanged. "In my opinion, Mr. Smith regressed to a pregenital level after he was mugged. He displaced his anger unto his wife and his internal objects." Believe it or not, this is a direct quote from a report I reviewed for a colleague. I sarcastically told him that a jury might think that Mr. Smith was not only mugged but also castrated! The psychiatrist was actually trying to say that "Mr. Smith began to have a change in his personality after he was mugged. He was angry and depressed because he thought that he should have tried to fight off the attackers and he took his anger out on his wife."
In order to give equal time, a psychopharmacologist said that Dr. X. was guilty of malpractice in his treatment of a man from China because the "removal of a methyl group from citalopram is principally dependent on CYP 2C19 AND 3A3/4 since 20% of Asians are deficient in the former." I think that you get the point here and I will not translate it into English!
Request the expert's most recent Curriculum Vitae. Study it carefully. Is he a graduate of an American medical school? If he attended an offshore medical school, the adversary attorney may use this against you. The opposing attorney may try the same strategy if your expert is a D.O. rather than an M.D.
Get the expert's fee schedule. Don't look for a bargain and don’t assume that the most expensive expert is the best. Quality psychiatric expert work is labor intensive. I have found that an Independent Psychiatric Examination is usually more costly than reports by other specialists. I actually do read all of the records sent to me and spend at least 4 hours evaluating a litigant. I am often surprised by other experts who feel that a 2-hour evaluation is adequate to get the job done. Although I do not tape interviews, I do make an effort to get direct quotes from the interviewee. A longer evaluation is usually more helpful in detecting malingering, as well as defensiveness and symptom magnification by the interviewee.
Check to see if the expert's hourly fee is consistent with his training and experience. I have been contacted by attorneys who were in a rage when they got bills from novice experts whose fees were higher than the most respected forensic psychiatrists in the area. Although the attorney should have checked the fee schedule in advance, the overcharging was often predictable and part of a pattern of unethical behavior. I am irritated by the expert who charges for the most miniscule piece of work such as a brief phone call.
Everything else being equal, I would expect a psychiatrist's hourly fee to be higher than that of a psychologist, psychiatric social worker or psychiatric nurse. I discuss this issue in other parts of this web site.
Pay special attention to the expert’s fee schedule if she has associates working for her. This could be a red flag regarding not only the final bill but, but more importantly, the quality of the report. I have seen invoices in which the senior expert and an employee bill for the same work.
Ask about his "no show" and/or late cancellation policy. Where does he prefer to do his evaluations? Will he travel, if needed?
Keep in mind that the final bill is not always the crucial issue. It is possible that the expert is simply working harder on your case. Take a look at her report and see how it compares with the work of other experts that you have retained in the past. I have had senior attorneys say that my final bill is higher, but insignificant because of the favorable settlement that they have been able to negotiate. In a few cases, the insurance company has saved as much as $200,000.
source - http://www.rsostowskimd.com
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