CASE LAW UPDATE
By: Dennis E. Merkley
A Chiropractor is a "Physician" Pursuant to Illinois Supreme Court Rules.
In Montes v. Mai, the Illinois Appellate Court ruled that an hourly fee of $66.95 for a deposition of a chiropractor was reasonable. the Illinois Supreme Court Rules require that a reasonable fee be paid to physicians for the time the physician spends testifying at depositions. In Montes, the treating chiropractor requested a deposition fee of $550 per hour that had to be paid in advance, and there was a two-hour minimum requirement. The defendant offered to pay the treating chiropractor $300 per hour with no minimum requirement and no prepayment. The treating chiropractor refused defendant's offer. The issue was addressed by the trial court and again by the appellate court.
The appellate court first had to decide whether a treating chiropractor was a "physician" pursuant to the Illinois Supreme Court Rules. The appellate court looked to the Medical Practice Act of 1987 that defines a physician to include both medical doctors and chiropractors. As such, the appellate court found that chiropractors are physicians pursuant to the Illinois Supreme Court Rules.
Next, the appellate court had to determine the reasonable fee for the chiropractor. The trial court reviewed the chiropractor's tax returns and determined that $66.95 was a reasonable fee based on the chiropractor's reported income for previous years. Based on the trial court's calculation, the appellate court found that $66.95 per hour for the chiropractor's deposition testimony was a reasonable fee. The appellate court further ruled that no minimum payment or prepayment was proper.
Hospital Liens are Subject to the Common Fund Doctrine.
In Howell v. Dunaway, the Illinois Appellate Court ruled that the Common Fund Doctrine applies to hospitals' statutory liens filed pursuant to the Healthcare Services Liens Act.
Hospitals have a statutory right to file liens against any recovery in personal injury actions. The Common Fund Doctrine provides that a litigant or a lawyer who recovers a common fund for the benefit of persons other than himself or his client is entitled to a reasonable attorneys' fee from the fund.
In Howell, the Court reasoned that the hospital was trying to enforce a lien and not collect a debt. Therefore, the hospital was trying to recover money from a commonly created fund resulting from the personal injury lawsuit. As such, the hospital's statutory liens were reduced by one-third.