Medicolegal Terms of Business

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Medicolegal Terms of Business February 2020

(all prices exclusive of VAT which will be charged at 20%)

Fees and charges

Expert Reports

We offer a discount of 5% for invoices settled within 30 days.

We will load all relevant images that are sent to us onto our PACS (Patient Archiving and Communications System) which generates charges to us by the software provider.  We will normally need to review previous imaging up to the date of the incident or medical event in question. In the estimates below, in the sets of images referred to we count previous investigations as additional sets of images.

  • Simple reports £600
    • one or two sets of images with no previous imaging for review; preparation time between 80 minutes and 100 minutes.
  • Standard reports £750
    • two to six sets of images; preparation time between 100 and 150 minutes
  • Extended reports £1000
    • 6 to 12 sets of images; preparation time between 150 and 200 minutes
  • Complex reports £1250
    • 12 to 20 sets of images; preparation time between 200 and 300 minutes
  • Very complex reports please ask for quotation
    • more than 20 sets of images, extensive scientific literature review or original diagrams

In exceptional circumstances when additional material becomes available and modified instructions are received, we reserve the right to charge for additional time at a rate of £300 per hour calculated in six-minute intervals.

Review of additional material outside the original instructions, for example draft particulars of claim, supplementary questions, response to other experts’ reports, response to letters of defence, or letters of claim will be charged at a rate of £300 per hour. On the occasion that additional instructions are received the terms of business current at the date of receipt of those instructions will apply.

Screening reports only take a little less time than a fully CPR compliant report. This is because for radiological review we still have to upload all the images onto our DICOM PACS server where we pay the supplier by the number of images loaded. We need to formally review the investigations with as much diligence as we would for a fully compliant report which includes looking at previous images. Therefore, the cost of a screening report is close to a fully compliant CPR report. We base our fees on the number of images and the complexity of the instructions in the same way as we do for full CPR compliant reports. Some simpler screening reports may fall into a lower category, we will inform the instructing solicitor based on the amount of material which fee band we will apply.

Deferred payment (by individual arrangement with a solicitor, and to a maximum of 12 months) will be charged at the full rate plus 10%.

We accept cases from Medical Agencies; however, they are also required to adhere to our 30-day payment terms.

Documents and material

A considerable proportion of the time taken preparing an expert report` involves the collating and handling of documents, clinical records and electronic images. The above guide quotations assume that the material is provided in full including passwords for encrypted data and list of contents or indexing for large files of data. Please index and record the location within the records of all the individual contemporary radiology reports. Documents created by instructing solicitors should be provided in Microsoft Word format to reduce the need for document scanning and optical character recognition.

When there are large numbers of images please indicate which investigations are to be reviewed as part of the report. Note that it will almost always be necessary to review previous imaging of the affected area.

Please provide documents divided into the following categories:

  • letter of instruction
  • background for instructions
  • list of material available
  • clinical records with page numbers and index
  • expert reports
  • witness statements
  • contemporary radiological reports indexed
  • radiology images in full DICOM format

On the occasion that additional clerical work is required to collate or cross-reference material provided or when documentation is incomplete, image encryption is not penetrable by the provided passwords or images are provided in the wrong format we will inform instructing solicitor of the need for this extra work before proceeding,

Attendance at Court and Conferences

Court, conference or teleconference     £300 per hour

Travelling Time                                          £180 per hour

Preparatory work per hour                       £180 per hour

Travelling Expenses        Rail, bus, coach, tube fares, taxi and/or vehicle mileage @ 45p per mile

Conferences outside Usual Office Hours

Usual office hours Monday-Friday, 9am-5pm

Conference or teleconference outside normal office hours  £340 per hour

Travelling Time                   outside normal office hours                               £230 per hour

Bookings and cancellation charges

Dr Wilson’s clinical work is typically booked 3 to 4 weeks in advance, lectures and academic work is booked many months in advance. National and international lectures are advertised by the organisers and delegates will have paid substantial sums well in advance of the meeting. Travel and conference centre costs will have been incurred considerably in advance. We will be obliged to make charges for cancellations or changes in bookings time-dependent on the notice given.

Trials

We receive requests to block time for trial windows of many weeks considerably in advance of the event, many of these trials are cancelled or postponed.

We sometimes receive overlapping subpoenas from different courts.

To allow reasonable diary management we will apply the following terms: –

We will make firm bookings for conferences up to 6 months in advance subject to the cancellation terms below.

We will reserve up to 5 working days for trial windows without subpoena up to 6 months in advance subject to the cancellation terms below.

We will not accept bookings for trials for longer than 5 working days or more than 6 months in advance unless a subpoena is issued.

At the time of booking we will inform the requesting solicitor of existing diary clashes however we will not reserve time and will continue to book lectures and cases until a firm trial date of 5 working days or less is established and reserved or a subpoena is issued. We will update solicitors of these changes in availability.

Subsequent subpoenas to attend court in a declared window that exceeded 5 working days will lead to charges to recoup travel costs and locum fees to cover lectures or other work. There may be third party charges from the organisers of conferences.

Solicitors who wish to reserve time in advance of 6 months or in excess of 5 working days outside these conditions may do so but changes or cancellation will lead to a 50% of the full rate charge for the time reserved irrespective of the late cancellation terms below.

Late Cancellation Charges for Trials and Conferences – telephone and in person

A minimum of 7 days’ notice is required to cancel a booking including travelling time.

Less than 24 hours’ notice 100% charge.

Less than 48 hours’ notice 80% charge

There than 72 hours’ notice 50% charge

Less than 7 days’ notice 30% charge

Non-refundable travel and accommodation costs incurred will be charged at the full rate.

If a subpoena is issued for a different case, this will take precedence over bookings without a subpoena. We will inform both courts when overlapping subpoenas are issued indicating the dates of issue.

Data Protection Act

Electronic records of images and reports are held subject to the terms of the Data Protection Act. Our premises and records are listed by the Data Protection Register. The servers and computer terminals are in secured premises with police monitored burglar alarms. Access is limited to specific screened employees and there is strong password protection. Records and email transfers of files are secured by 128 Bit encryption and client / patient names are not used in subject lines of message. We would prefer to receive transmitted data and files with similar encryption.

Terms for Payment

Payments in full should be received within 30 days of date of invoice. Invoices settled within 30 days of invoice may be paid at the 5% discounted rate. Deferred payment (by individual arrangement) will be charged at the full rate +10%.

If payment has not been received by the due date, without prior arrangement, we reserve the right to charge interest on the overdue payment at a rate of 8% above the Bank of England base rate current at the time

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