Set your rates with confidence—learn how experienced medical experts charge for reviews, depositions, and trial testimony, and what factors affect your pricing.
Becoming a medical expert witness is a powerful way to use your clinical background in a new, impactful way. But when professionals begin exploring this role, one of the most difficult early questions is: What should I charge?
Pricing can feel ambiguous at first, especially if you’re transitioning from clinical work where insurance or employer contracts dictate compensation. As a medical expert witness, you set your own rates—but that freedom also means you need to understand industry norms, expectations, and pricing strategies to be competitive and credible.
This guide will help you navigate the key considerations when setting your fees.
Common Fee Structures for Medical Expert Witnesses
Medical expert witnesses typically charge hourly rates and use one or more of the following billing structures:
- Flat Retainer Fee – A one-time up-front fee that covers availability or a set number of hours.
- Hourly Review Fee – Charged for reviewing case materials and writing reports.
- Deposition/Trial Testimony Fee – Often charged at a higher hourly rate than review time.
- Minimum Hour Policy – Many experts set a minimum billing time for depositions (commonly 2–4 hours) to protect against last-minute cancellations or underutilization.
According to SEAK, a leading directory and training organization for expert witnesses, most medical experts charge between $350 and $500 per hour for case reviews and $500 to $700 per hour for testimony. Some subspecialties command even higher rates due to rarity or litigation demand [SEAK, 2022].
Key Factors That Influence Your Rates
When setting your own pricing, consider the following:
1. Your Credentials and Experience
Board certification, academic appointments, publications, and clinical leadership roles can justify higher rates. So can experience with prior testimony or deposition.
Tip: If you’re new to expert witnessing, you might start slightly lower than established peers, then raise your rates as you gain experience.
2. Specialty Rarity or Litigation Demand
Some specialties (like orthopedic surgery, neurology, and emergency medicine) are in higher demand. Rarer specialties or those frequently involved in malpractice cases often justify higher fees.
3. Case Complexity and Time Commitment
Complex cases may require extensive medical records review, literature research, and multi-day testimony. Consider setting higher rates or custom quotes when you anticipate a heavy time investment.
4. Geographic Location
Rates may vary based on regional norms. Urban markets or litigation-heavy states like California, Florida, and New York may command higher compensation.
Billing Best Practices to Protect Your Time
To be seen as a professional expert and avoid fee disputes, it’s important to use:
- Clear Engagement Agreements – Outline your rates, billing practices, cancellation policies, and expected deliverables in writing.
- Upfront Retainers – This reduces no-shows and ensures you’re compensated for blocking your calendar.
- Invoicing Cadence – Many experts bill biweekly or monthly to avoid large gaps between work and payment.
You can find sample expert witness contracts through directories like SEAK or professional legal forums.
Should You List Your Rates Publicly?
There’s no right or wrong answer—but here’s a common approach:
- New experts often omit pricing from public profiles and discuss it individually with attorneys.
- More experienced professionals may choose to list starting rates to pre-qualify clients.
If you do publish rates, make it clear that they may vary based on the case and include disclaimers.
Summary: Confidence and Clarity Win Cases and Clients
You are not just selling your time—you’re providing clinical insight, credibility, and clarity that can influence high-stakes legal decisions.
Setting your pricing thoughtfully signals confidence and professionalism. Just as attorneys expect to pay for top-tier legal counsel, they also understand that medical expertise commands premium value—especially when it’s presented clearly, thoroughly, and ethically.
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References
- SEAK. (2022). Expert Witness Fee Survey Results. Retrieved from https://www.seak.com/expert-witness-fee-survey
- American Medical Association. (n.d.). Guidelines for Ethical Expert Testimony. Retrieved from https://www.ama-assn.org/delivering-care/ethics/expert-witness-testimony
- Federal Rules of Evidence. (2023). Rule 702. Testimony by Expert Witnesses. Retrieved from https://www.law.cornell.edu/rules/fre/rule_702