10b - Medico-legal fees Northern Ireland
November 2004
Medico-legal work is perhaps the most complex area of fee-paid work. Doctors are generally approached to provide medical reports in connection with a legal action and/or attend court to give evidence, which may involve conferences with counsel or other related work.
It should be noted that medico-legal work counts as category 2 or fee paying work for consultants.
The fees which may be paid will also depend on the status of the witness, ie whether the doctor is an ordinary witness, a professional witness, or an expert witness. There is also a distinction between criminal and civil proceedings.
It is important for medical practitioners asked to undertake medico-legal work to be aware of these distinctions and their effect on the fees; it is not enough just to refer to the appendices in this schedule in isolation.
The nature of the work to be undertaken, the fees for that work (including cancellation fees), and any further commitments that may arise should be agreed in writing in advance of undertaking the work.
Leave entitlement as a witness (employed doctors)
Consultants and other employed doctors are granted special leave with pay to attend court as a witness (General Whitley council terms and conditions – Advance letter: GC7/92 Amendment No 92).
askBMA can provide you with help if there is a problem in getting leave.
Status of witness
An ordinary witness is one who sees an incident take place, eg someone witnessing a robbery or road accident, ie acting as a member of the public.
A professional witness is someone who gives evidence from knowledge obtained in a professional capacity, and whose evidence is confined to matters of fact (eg a doctor giving evidence on treatment given to the subject of the proceedings).
An expert witness is someone specifically called in by one side or the other to interpret the facts using his/her clinical expertise (usually a consultant or other specialist).
Appendix 1 - go there contains a declaration which must be appended to the report of any expert witness in Crown Court proceedings. It is not compulsory in other courts but is good practice.
This fees schedule acts as guidance both for professional and expert witnesses and for legally aided cases in Northern Ireland. It can also be used for civil (and sometimes criminal) non-legally aided cases.
Legal Aid
Regulation 15(5) of the Legal Aid (General) Regulations (Northern Ireland) 1965 (as amended) gives solicitors the general authority to obtain, where necessary and proper, medical examinations and reports for proceedings in the High Court, County Court and Magistrates’ Courts on behalf of assisted persons. Cases for which legal aid may be provided include negligence, personal injury, criminal injury, High Court bail applications, industrial disease and family matter. The necessary medical examinations and reports are as follows:
a) Where the proceedings are in the High Court, either from
i) one general medical practitioner and one consultant, or
ii) two consultants
and such additional consultants as may be directed in writing by Counsel;
b) Where the proceedings are in a County Court, either from
i) one general medical practitioner and one consultant, or from
ii) two consultants of different disciplines and updated report, if necessary, from either or both consultants;
c) Where the proceedings are in a Magistrate’s Court, from one general medical practitioner;
d) Where the proceedings are in the High Court or in a County Court and, if a consultant considers it necessary, any additional medical reports.
They may also submit at the hearing the evidence of such witnesses to whom solicitors may pay for examinations, reports and attendance fees not exceeding the amounts contained in this Authority.
These fees are determined by the Council of the Law Society of Northern Ireland following a recommendation from the statutory Legal Aid Committee.
Fees
The fees in the fees under Legal Aid Regulations - go there section were neither negotiated nor agreed by the BMA. Unfortunately the general practitioners committee (Northern Ireland) has, so far, been unsuccessful in negotiations with the Law Society (NI) in obtaining a realistic increase in the fees. In April 1998 GPC (NI) submitted a written case for an uplift in these fees based on evidence drawn from DDRB reports and BMA suggested fee scales for locum practitioners.
All fees should be agreed with solicitors before any work is undertaken. The model letter in appendix 2 - go there may be adapted as appropriate.
Notes
- This fees schedule should be read in conjunction with the BMA guidance Fees for part-time medical services - go there.
- The effective date is given above each set of fees.
- Members may obtain additional advice or clarification from askBMA - go there.
- This guidance was prepared by the professional fees committee and produced by the publications unit.