BC Chiropractic Association Legal Fee Guidelines
1. Brief Written Summary - a capsule summary of a patient's history, present condition or illness, diagnosis and treatment, up to two pages in length - may include a limited prognosis
FEE: $250.00
2. Chiropractic (Medical) Legal Report - a detailed report that includes
the following:
a) history of present illness, accident or condition, including past history
and previous treatment;
b) history of subjective complaints, in order of severity;
c) objective examination findings;
d) x-ray findings, if applicable;
e) diagnosis and relationship to mechanism of injury;
f) description of treatment and progress, including dates of treatment;
g) aggravating, contributing or complicating factors;
h) an analysis of present limitations to work and activities of daily
living as well as prognostic information about when the patient will be
able to return to work that may mention whether there will be a permanent
disability.
FEE: $400.00 - $700.00
3. Chiropractic-Legal Opinion - a detailed opinion that may include the information contained in a Chiropractic (Medical)-Legal Report, but in addition, will entail exercise of the chiropractor's expert knowledge and judgement. This may be opinion as to the course of events when these cannot be known for sure, and can include opinion as to the long term consequences and possible complications in the further development of the condition. This may also be opinion in relation to issues such as the appropriate standard of care or causation of injuries. The Association recommends charging an hourly rate for this type of report because the amount of work required will vary greatly depending on the complexity of the underlying facts and the questions posed.
FEE: $175.00 per hour
4. Preparation and consultation time - time spent either in consultation with a lawyer as an expert on issues pertaining to the practice of chiropractic, or in preparation for a court appearance.
FEE: $175.00 per hour
NOTE: Under the Rules of the BC Supreme Court (Schedule 3, s. 4) "a reasonable sum" is payable in advance for preparation for an appearance further to a subpoena. The sum that is appropriate depends upon such factors as the length of the preparation time and the skill and training to be applied. Generally speaking, however, the witness's ordinary earnings are not an appropriate measure for the amount to be paid. It is recommended that a chiropractor who wishes to receive compensation for preparation contact the lawyer of the subpoenaing party or, if there is no lawyer, the subpoenaing party directly to discuss what sum is appropriate. However, a chiropractor should never refuse to obey a subpoena because compensation has not been paid.
5. Testimony in court - this charge applies only when the chiropractor is called to give expert evidence in court. It is recommended that you discuss your status and the nature of your testimony with the requesting party well in advance of the court date. This fee item is not billable when attendance results from a subpoena.
FEE $1,400.00 per day or $700.00 per half day
6. Failure of notification of court adjournment or out-of-court settlement
- this charge applies where the patient or legal counsel fails to give
2 working days notice of cancellation of court or other legal appearances.
This fee item does not apply when attendance was required by subpoena.
FEE: $1,000.00
7. Photocopy of records - includes, retrieval, review, copying, and forwarding of information. Fees for the copy of x-rays are not included in this guide. Fees for the copy of x-rays are determined in part by the facility providing this service.
FEE: $105.00 + $1.00 per page reviewed
This guideline, dated November 15, 2004, replaces earlier guidelines.
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