Criminal Trials, Hearings Fact vs expert witness

[doctor]

My jurisdiction is: MO

I'm a physician who has been subpoenaed several times to testify in court regarding patients I've treated for traumatic injuries. When I am instructed to come as a "fact witness", I get no compensation (or a very minor, token payment), but I still must take a day away from my practice, at a huge personal cost. If I am called as a "fact witness", but I am then asked my professional opinion regarding the causation of injuries, likely outcomes or recovery, or any other questions that go beyond the treatment I provided or injuries I evaluated, should I be compensated as an "expert witness"? If so, how would I go about collecting such compensation after the trial testimony is given? Would I be wrong to make a statement or question in court about this if the line of questioning appears to be involving professional opinion?

 

[dee_dub]

I'm surprised opposing counsel doesn't jump all over the counsel trying to get you to give expert testimony.

You should consult a local lawyer about your position as a witness. Generally you're obliged to answer the questions. Whether you're entitled to be compensated is probably up to you and the lawyer. Possibly you could talk to the lawyer beforehand. Tell them that if they want your expert opinion on anything they will need to retain you as an expert witness, or get their written agreement that if they elicit your expert evidence, you'll be sending them a bill.