10a - Medico-legal fees Scotland
April 2007
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.
Medico-legal work counts as fee paying work for consultants and is distinct from private practice (see note below).
Note: A small number of consultants remain on the old consultant contract and in this event medico-legal work counts as category 2 work.
The fees which may be paid will also depend on the status of the witness, ie whether the doctor is a witness to fact, 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 (consultants)
General Whitley Council terms and conditions
Advance letter: GC7/92 Amendment No 92
- Employing authorities shall make available special leave with pay to staff required to be absent from duty for essential civic and public duties of the kinds listed in Section 29 of the Employment Protection (Consolidation) Act 1978 and as required by other legislation. In determining the maximum amount of such paid leave employing authorities shall have regard to existing practice as informed by Section 29 (4) of the Employment Protection (Consolidation) Act 1978.
- In addition to these provisions, special leave with pay shall be made available for attendance at court as a witness.
- Each health board or trust should provide clear guidelines in consultation with staff and local staff representatives on the length of special leave which would normally be available, whether it should be paid or unpaid and on the procedures for applying for such leave. The application of these guidelines will have to take account of the particular needs and circumstances of each individual.
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 BMA Marketing & Publications.
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