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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Hi in NJ, I am Plaintiff. I have an Aff of Mer (AOM) from expert

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Hi in NJ, I am Plaintiff. I have an Aff of Mer (AOM) from expert for a med. malpractice. My concern is trying to keep costs down. Law says (if not common knowledge) an expert is required. If I get an expert Dr.... to write an indepth report re: standard of care (SOC) (deeper than AOM), who pays for defense to depose, for defense to send interrog to Dr., for Defense to call my expert as witness? Etc. Who pays for expert beyond the initial Plaintiff reports.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you get a doctor as generally required in all but very few medical malpractice cases (such as foreign object cases), then it is up to the plaintiff to pay their expert for their report and for testifying in court. It is up to the defense to pay the expert if they want to depose the expert in a deposition. The Defense would send interrogatories to you as plaintiff to get answered by your doctor and that is typically included in the expert fee.

As far as testimony in court, you would be paying for him to testify as your expert, even if the defense calls your doctor as one of their witnesses.

It is unwise to cut corners in these cases as it can lead to losing a case that could have been won.



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Customer: replied 3 years ago.

I wrote in caps so you see my questions (not yelling)Cooltitle="Cool"/>


 


Cost is my issue and I seek any tips with this regard. The case is more a little like a foreign object matter but not 100% so I will obtain an expert for a report.


 


"The Defense would send interrogatories to you as plaintiff to get answered by your doctor" and that is typically included in the expert fee. Is there a to avoid the D. from running up my bill? My expert is by the hour so how can I keep from the other-side just burning my money away.

As far as testimony in court, you would be paying for him to testify as your expert, even if the defense calls your doctor as one of their witnesses.


I do not plan to call my expert to testify. I will rely on the written report only. Who pays if he is called by the other-side to testify and defend his report? how can I keep from the other-side just burning my money away.


 

Thank you very much for your follow up.

The defendant is limited on the amount of interrogatories they can send to not more than 10 supplemental interrogatories on top of the standard interrogatories allowed for malpractice at Appendix A. The request for any documents is at the expense of the propounder or party asking for them.

Your expert's report is likely to be considered hearsay without him testifying to the report, so you may not get away as you think with not calling him as a witness and only relying on his report because at some point you have to authenticate that report and get it admitted to evidence, which requires his testimony.

If you do not call him and the other side does call him, then they would be liable to pay.

You also realize, if you win your case all of these costs are recoverable from the defendant.
Customer: replied 3 years ago.

Finally, Any tips: 1.) 10 supplemental interrogs can be very expensive to pay an expert to complete, 2.) I am pro se. When do I add expert costs into damages... how do I "add them" to my damages? Are they included as "court costs" or have to be specified? Any brainstorm you can add to avoid having the D. run up this expert bill is also appreciated. LaughingThat's it. I will be satisified upon your response.

Thank you for your response.

You add the expenses in under court costs and expenses, these are part of your expenses and you ask for that as part of your damages, even though you do not yet know the total. So, in your prayer for relief you ask for your damages/pain and suffering and "all costs and expenses associated with this action," which covers these fees.

If the D starts trying to run up your bill with your expert you would have to file a motion to quash with the court and ask the court to stop the D from just seeking to annoy or harass your expert for the sole purpose of running up your tab with the expert.
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