Some Physicians Get Even

The Orthopedic Specialty Group, a 12-member group of physicians practicing in Connecticut, notified that state's trial lawyers in May that its members would no longer appear at depositions for the fees they'd charged in the past. This move, they said, was made in response to soaring malpractice insurance rates. In the letter, Dr. Robert A. Stanton told the attorney's his groups rates for deposition testimony would jump from the already high rate of $4000 for the first 2 hours and $1000 per hour thereafter to $12,000 per day spent in court. Most doctors in the area charge between $300 and $600 per hour for such services.

Some speculate the group's move is a response to the state legislature's failure in the last legislative session to pass the medical malpractice award caps sought by the medical profession. This theory is bolstered by Stanton's stated reason for the groups' rate increase: a doubling in its medical malpractice premiums as of July 1 of this year, which will add about $500,000 to its insurance bill. The letter noted that the group is willing to look at lowering its rates again if its insurance premiums decline in future and called on attorneys to help in this effort: 'Since you are in a unique position to facilitate change, we would appreciate your support in this matter.'

The letter may not be the last word in deposition fees for the group's members, however. Attorneys still have the option of subpoenaing a physician and asking the court to set a reasonable fee, and Connecticut's judges are unlikely to accept the Orthopedic Specialty Group's fee schedule as reasonable.