Practice Development for Medical Expert Witnesses
Beryl Vaughan, Consultant
Nationwide

Email go@forensicexpertpro.com or Call (415) 302-9589

Setting the Right Fee for Medical-Legal Work in 2024

By Beryl Vaughan

If you’re reading this, you probably want to know if you’re charging the right fee already, or how much you might make if you went into med-legal work.

I’ll get to those numbers soon, but first fees are *always* in context.

Factors That Drive Fees

You Guarantee a “Win” (You Can’t!)

Most of the time, attorneys pay based on the likelihood you will deliver the outcome they seek. However, you can’t promise that because it is the ethical mandate of an Expert Witness to be objective–you might not find what they want to hear.

An easy solution, to start, is to ask, pre-retention for a cursory review of the case “facts.” Is the attorney informed? Do they present something measureable? Is your expertise the right fit with the damages? What is their response to your disclosure that you cannot promise a particular opinion?

Skill in Testimony

Will a jury hear and understand what you have to say?

Remember, the attorney always has their “win” front and center before the Jury.

Delivering Your Message

Before they agree to fees, the attorney is listening to your voice, manner, delivery and (on video) body language.

If they don’t find you appealing, they believe a jury won’t. Your actual fee becomes irrelevant.

The reality of the attorney’s assumption of how a jury will respond to you doesn’t actually matter. The attorney is the decision-maker in retaining expert witnesses.

The focus is on if a jury will respect you and listen to your testimony carefully. In that case, you likely can command a higher fee. On the other hand, if you put juries to sleep, consider coaching for voice modulation and public speaking skill.

Deposition Audition

How will you “play” on the stand? Most expert witness testimony occurs and stops at a deposition.

Opposing counsel can put to you the hard questions, try and catch you up in evasive or exploitable statements, and/or rattle you. At this point, your testimony skill is put to the test.

O/C (opposing counsel) may not want you on the stand because you’re a threat to their own “win.”

If you pass deposition with flying colors–and could sway the jury to change their opinions–the cost of trial means settlement is now an economically justified option.

Keeping You Off the Stand Can Be a Compliment

Your powerfully damning findings and explanation of those findings is a tool in the pissing match otherwise called “settlement negotiations.”

Cost of Going to Trial

Expert witness testimony at trial can be more than $10k, especially if there’s a minimum full day charge-the practice of some experts, travel and/or the expectation of multi-day cross-examination. Your fees could add another $20k+. Trials are expensive.

A reasonable settlement will almost always drive the likelihood of your testimony getting on the legal record, and this will be a factor at the settlement table.

Unfortunately it also deprives you of trial testimony experience, which also drives your fees.

Your Findings

A skill that drives fees is your ability to deliver a solid report: you describe and consider as much information as possible, and your conclusions are well formed and easy to parse.

This is another “audition” for the sought after “win” or “lose” above.

For this reason, attorneys may request all your work and your report before disclosing you. That way they have a chance to look for someone else if they don’t like what you have to say.

Credentials and Experience

Inadequate credentials get many experts disqualified–a legal process where you are not allowed to testify.

How to Protect or Increase Your Fees

Plan your professional development, including CME and CLE, with an eye to the long-term med-legal career. I encourage CLE (Continuing Legal Education) in the form of short Bar webinars so you know the concerns of an attorney.

Seek Fellowship (or sit in on Fellowship program didactics, if allowed.) While Forensic Psychiatry is the only field with this unique training and Board-Certification. Other medical specialists can still seek the legal training mentioned, IME training, and more in the “marketplace” of further education.

Caveat: don’t put the wrong thing on your CV. If the education is more informative than defensible, take what you need and leave it off your CV.

Unique Expertise

Ironically, cases with unusual medical features require a specialist and they are not always easy to find–and they usually can charge more than their garden variety medical counterparts.

Pain medicine addiction? Psychologists need not apply. Trauma related to loss of a limb? Physiatrists need not apply (even though they treat amputees).

If you have unique expertise, make sure you communicate it in your marketing.

If you don’t, it’s a missed opportunity that can drive a fee schedule that is too low.

Supply and Demand

There is more demand in the judicial system for experts than available medical experts.

The Numbers

Rates discussed below apply to many areas of medicine. Forensic Psychiatry is the exemplar because as stated, Fellowship is the only medical education targetting the judicial system. However, feel free to use it as a rule of thumb.

Do My Clinical Rates Matter?

No.

Forensic work is very different from clinical work.

Why would testimony about, for example, a unique medical condition tied to a car accident have anything to do with what you charge for an office visit?

Also, ethically, they should be unrelated because when you conduct a forensic exam or issue opinions, you are not treating a patient.

  • HIPAA doesn’t apply.
  • You are not an advocate.
  • You cannot prescribe for, or treat, the examinee and you never should.

Also, consider this: if you accept insurance for your patients, why would your contracted rate have anything to do with the value you bring to a legal question and the court?

Keep Clinical and Forensic Work and Rates Separate.

How much do Forensic Psychiatrists and Psychologists Charge? What you need to know to set an appropriate fee.

Forensic Psychiatrists

Board-Certified Forensic Psychiatrists (ABPN) estimated charge $450-$1,000/hour:

  1. $450 6-months post Fellowship, before Board-Certification and assuming no unusual additional training.
  2. $500-600+ post Board-Certified < 3 years in practice (assumes primary practice is clinical and a very small forensic practice. Rates  can vary geographically.)
  3. $550-$900 Mid-Career, generally there is a plateau at years 6-10 (testimony experience counts. If you testify often, there is no cap.)
  4. $900+ for experience 15+ years with considerable testimony experience and a stellar reputation for quality reports and skill on the stand. Fees reflect experience, area of expertise, testimony and reputation; excludes outliers
  5. More than 15 years of experience: highly dependent on reputation and skill. These fees are unpredictable.
Forensic Psychologists

Licensed Psychologists (PhD or PsyD) with forensic expertise estimated charge $250-$600 (see also #4)

  1. $250-$400 < 4 years
  2. $400-$500 = 4-8 years’ experience, plateau mid-career
  3. $600 = 8+ years fluidly estimated
  4. Fees reflect experience, area of expertise, testimony and reputation; excludes outliers at the top of their field who may charge more than $1000/hour

Testimony is 30-50% higher than the base fee.

Figures: My Sources, Deduction and Robust Hearsay

Disclaimer: Estimates are based on my unofficial, but significant experience supported by first-person reporters, legal documents, and intersecting professional research data.

  1.  Speaking with dozens of forensic psychiatrists, psychologists 
  2. Speaking with dozens of lawyers[i]
  3. Fees and experience reported in Depositions, Expert Disclosures, and Billing documents produced during Discovery; doctors are usually asked their fee early in a deposition-a good way to know what your colleagues are charging. Also, doctors usually must produce their invoices in Document Production during the discovery phase of a lawsuit. Experience reported in CVs and Rule 26 Disclosures.
  4. Information from the American Board of Psychiatry and Neurology and the American Psychological Association.
Commonly Cited Data From 4 Sources
  1. The Bureau of Labor Statistics (BLS) Occupational and Employment Statistics (OES)[ii] is the most widely cited data source in articles about what a forensic psychiatrist or psychologist charges. Unfortunately, it is useless.
  • Makes no distinction between clinical and forensic practice.
  • Salaried positions are included which doesn’t impact setting a fee in private practice.
  • No adjustment for trainees or those in fellowship.
  • Mean numbers do not distinguish a split practice, though forensic work is usually a portion of overall income alongside clinical work.

BLS numbers are off for forensic work by as much as a factor of 10. We can all agree no forensic psychologist charges $42/hour. Data supplied by the BLS specifically for 2016-2019 is taken apart in the Endnote below. Due to COVID, 2020-2021 information are outliers. 2022 BLS forthcoming.[iii]

A. 2009 survey by the American Psychological Association.

  • References the BLS stats.
  • Only 5% of 711 respondents (35!) identify as forensic psychologists.
  • The APA categorizes forensic psychology with “Direct Human Services – Other Psychological Subfields.” [iv]

B. Two (private) Expert Witness Directory Surveys.

Outliers are discussed.

Credentials that Make a Difference in Medical Specialties Generally

Physicians in unique specialties charge fees in the same general range as Forensic Psychiatrists but demand and experience becomes relevant. E.g. orthopedic injuries are more common in Personal Injury cases but there are more orthopedists who testify. A specialist in degenerative brain injuries may be asked to testify in testamentary capacity questions, probate litigation.

Board-Certification: range reflects one specialty and multiple specialties.

$450-$700/hour. Specializaiton-dependent.

$450/hour for those post Fellowship, pre Board-Certification in populated areas.

$650-900/hour: mid-career doctors with 6-15 years’ experience in med-legal work (some variation geographically and if a further sub-specialization is relevant.)

Board-Certification in multiple medical specialties can command a higher fee—especially if they intersect in commonly litigated matters. Certainly, multiple Board-Certifications reflect more medical training. From a medico-legal perspective, a combination of medical specialties is helpful in cases where medical factors are complex or even interdependent.

Cross-over Application in Training, Certification, Fellowship. Doctors who can address more than one area of healthcare are better suited to a complicated case and those are the most interesting and profitable. For example, certification in a unique medical procedure or use of a medical device in treatment is another way to enhance your credentials.  One client of mine is qualified to treat a condition with a DEA regulated medication. Another is certified in Transgender Health. The former has testified in addiction cases and the latter testified in a case involving a transgender teen facing enforced separation from support and family. 

Notoriously, preexisting conditions, pain, medications and comorbidity require a multi-faceted assessment.

Examples: (a) Personal injuries in PI cases where a plaintiff develops a dependence on pain medication could make specialization in Pain Medicine relevant. (b) An elder abuse fraud case might benefit from a doctor skilled in Internal Medicine, Geriatric Medicine or Brain Injury Medicine to assist the trier of fact depending on the facts. 

Statistics: The Real Picture

The American Board of Psychiatry and Neurology issues statistics annually about psychiatrists and neurologists. In other medical specialties I encourage you to pursue statistics available through your own Board-Certification Granting entity.

ABPN statistics are are cited in its Annual Reports and Reports of Board-Certifications by Subspecialties, and overviews. [vii] [Figures available on ABPN Facts and Statistics website or on most devices and appear at the end of this article.]

4%

In 2022 approximately 4% of all Board-Certified Psychiatrists also held Board-Certification in Forensic Psychiatry. This percentage hasn’t changed in over 10 years.[viii]

Per the ABPN, as of the last biennial exam reported in 2022, there were 1300 Active Board-Certified Forensic Psychiatrists and 2675 including those “known to be deceased” and/or with lapsed certificates! These are out of of 70,000 Board-Certified in General Psychiatry (also including lapsed certificates.) 2023 results are not yet reported as of the writing of this article.[ix]

1500 Board-Certified in Forensic Psychiatrists have at minimum 10 years experience as of 2022. These have completed their Maintenance of Certification required after 10 years post prior Board-Certification. ABPN does not report if this is a second or third MOC (e.g. 20 or 30 years in practice.)

The Boards have been offered since 1994, which explains a plateau in fees among doctors with 6-10 years’ experience in the “mid-career” range, based on my experience and due in some part to this distribution.

I would not be surprised to learn the inactive Board-Certifications reflect a cluster of Certificates issued in and prior to 1999, the last year you could obtain Board-Certification without the Fellowship requirement or 1994 when Board-Certification was granted by exam and prior psychiatrists in the forensic space were grandfathered in. [x]

Psychologists. Multiple Board-Certifications is more unusual in Psychology, but specialty training is available. Unlike Medicine, Board-Certification in Forensic Psychology issued by the American Board of Professional Psychology (ABPP)[xi] is held by only 293 Psychologists, down 27 from 2018.[xii]  Board-Certification in Neuropsychology and Child and Adolescent Psychology are other options for specialty training.  Given the number of licensed psychologists, forensic psychology postgraduate programs and psychologists practicing forensic psychology, Board-Certification is unique but not requisite by any means. 

If you don’t have Board-Certification in Forensic Psychology, you are in the majority.

If you are Board-Certified in Forensic Psychology or another subspecialty you are among an elite group with specialty training and, like any specialized credential, a higher fee may be justified.

Education

You can obtain a PhD or PsyD in Psychology from almost every University in the country. Only a few, however, offer forensic-focused postgraduate programs. There is a value if the program is well-respected. If the program is well-respected but not well-known, and you feel your training indicates a higher fee, I recommend educating attorneys on a website or article.

Less Well-Known Credentials That Can Impact Fees

Specialty Forensic Assessment, Especially Driven by Occupational Considerations sometimes require specific Certification. Here are a few.

  • HIMS (Drug and Alcohol Monitoring for commercial Pilots-FAA). Relevant to Psychiatrists and Neuropsychologists can apply.[xiii]
  •  Military and Government Approved Contractors. Psychiatrists and Psychologists.
  • Medical Review Officer MRO (a physician trained to interpret labs in drug testing programs). Releva nt to Psychiatrists can apply.[xiv]
  • Risk of Violence aka Threat Assessment training and certification. Can include use of designated threat assessment testing and tools; may accompany a Fitness for Duty evaluation. Relevant to Psychiatrists and Psychologists.[xv]
  • Fixed fee structure (court-ordered evaluators and Workers’ Compensation Examinations usually come with a base fee that is inflexible.) This fee can be more or can be less than your usual rate. Relevant to Psychologists and Psychiatrists.

Geography

The CV of a $500/hour Expert in New Mexico may look similar to the CV of an $800/hour Expert in Chicago.

That said, the out-of-state Expert can add as much as $5,000 to the cost of their services if they must be “flown in,” and that factors into an attorney’s decision.

Checking Out Your Competitors

 The ABPN “Verify Cert” tool allows you to look up by Board-Certification Specialty and both/either State and name.[xvi]

The American Psychological Association charts the location of licensed Psychologists (sorry no Forensic subspecialties documented).[xvii] and the ABPN can tell you how many Board-Certified Forensic Psychiatrists are practicing in a given state.

Quantifiable Factors in Fees: Take Charge of What You Charge

Forensic Experience

  • Testimony at Deposition and/or Trial. It takes time to master unflustered testimony under fire, relevant to the fee increase from early-career to mid-career doctors. Early in your career, you might not increase your testimony fee (the standard, otherwise).
  • Specialization. A rare specialization will bump up the hourly rate, especially if credentialed (Board-Certification).
  • Respected work-product: well-written reports and a sharp eye with records review. Pay attention to attorney feedback and implement accordingly.
  • Academic Appointments. (1) Expert Witnesses are first and foremost educators, (2) an academic appointment reinforces that you are an expert in your field.
  • Public Service and Volunteer Work. These speak to your character in a field where character counts.
  • Prestige schools are great but not as important as where you received your forensic training (Fellowship or Forensic Psychology or Criminology Programs).
  • Specialty Training (see above).

I believe medicolegal expert physicians can benefit from Continuing Legal Education or CLE (the legal version of CME). Non lawyers can join many Bar Associations and attend CLE events. You can also subscribe to, and read, legal publications, attend seminars, webinars, public programs, and conferences about expert witness and medical-legal assessment. Partner with colleagues, join forensic organizations, and pursue mentorship.

Bragging Rights

Awards, appointments and affiliations.  Membership in a respected professional organization and serving on specialty subcommittees.

  • Board and leadership positions for professional organizations.
  • Government appointments. A client of mine was appointed by the state Governor to a body that advises about matters that intertwine criminology and mental health. Another is appointed to the State’s Accreditation Commission for academic programs in his profession.
  • Publishing, public speaking and media presence.

Publishing.  If you have a specialization, publishing demonstrates and underscores you are truly an expert on that topic. If you are not, don’t publish. Stick to peer-reviewed and professional publications.  

Public Speaking. Public Speaking is the verbal version of publishing, with the added benefit that more people will understand what you have to say. Fees reflect demand and demand reflects visibility and an understanding of your expertise.

Media Presence. If a legitimate news outlet seeks you for commentary, I recommend you thoughtfully consider if it is the right decision to accept. You can introduce your knowledge base and professional reputation to a broader population. This speaks to the “reputation” factor that drives fees. But, if you are not comfortable in the public eye, don’t do it.

Forensic Psychiatrists and psychologists get more media face time than almost any other forensic scientist. Thanks to the media, the field enjoys a relatively new and well-deserved respect and trustworthiness. Whenever the news interviews a forensic doctor after a heinous crime, the public learns someone like you is the right expert to turn to. Remember: members of the public include jurors, judges and attorneys.[xviii]

Setting your own fee. Make no assumptions.

90% of my clients come to me undercharging, in my opinion. Most are worried about increasing their fee. So far, knock on wood, rates I recommend have proven to be a non-issue for attorneys and put the expert on an equal footing with colleagues.

Magical Thinking, Emotional Thinking, Institutionalized Thinking

Magic: “I don’t think I can justify a higher rate so I won’t.”  If you’ve set your fee based on no outside information of any kind, that’s magical thinking. 

Emotions: Fear is a powerful motivator. Some doctors tell me they think they will lose cases if they charge “too much.” Low self-esteem is sometimes the “hidden” driver behind such a statement.

Because you fear it, doesn’t mean it’s true or, as a wise person once said to me “feelings are not reality.”

Set an appropriate fee for your experience and qualifications, state it to attorneys, and be silent.

Prepare to be uncomfortable the first few times you do this. It gets easier.

Institutionalized Thinking is a little different

Women are more likely to charge less than their male counterparts even though attorneys won’t expect a ‘discount’ from a woman. I expect this is the case of other marginalized people.

Attorneys care about the strategy of their case and the Expert’s gender, race, or any factor can matter or not. I recommend you not second guess the attorney when setting your rates.

Breaking the Taboo: Talking to Colleagues About Money

I encourage my clients to consider their colleagues to be…..colleagues. Networking and information-sharing makes the profession better, introduces transparency between practitioners, and a sense of fairness in fee-setting. There is a societal taboo against talking about money. I think you do yourself a disservice if you don’t ask your colleagues what they charge, but be sure to do so in the spirit of collegiality and mutual support. 

Never accept liens or fees paid on contingency

If you only receive payment if the case is “won,” then you lose all reputation for objectivity.

How can a jury rely on your findings if they are tainted by a motivation to be paid “for the opinion?”

It is unethical and unwise to have a contingency or lien arrangement with the retaining attorney.

[xxi]

If you have a question about how much you charge, or how much you should charge, call me.

 Endnotes

Disclaimer: This article has been updated in 2019, 2020 and 2024. Any inconsistencies in numbers is the fault of the writer. 

[i] Attorney response to fees disclosed is revealing and factor into my estimates. Watch for these responses when you talk to an attorney about your fees: surprise (pleasantly or negatively shocked), no surprise at all, acceptance, resignation, arguing or an attempt to negotiate. Look at trends over the course of a number of conversations with attorneys. Skill in detecting malingering is helpful.

[ii]    U.S. Bureau of Labor Statistics, Occupational and Employment Statistics, https://www.bls.gov/oes/home.htm#

When I began my research to see what my clients were reading on the internet, I found dozens of articles quoting the Bureau of Labor Statistics, like these Houston Chronicle online articles “How much does an average forensic psychologist earn in a year?” (Thompson Jayne, Houston Chronicle, 2018) and “How much does a forensic psychiatrist make?” (Henderson, William, Chron, Undated).

What you need to know about BLS Statistics

Categories include “Psychiatry, All Other” and “Psychology, All Other.” Forensic Psychiatry and Forensic Psychology are not documented by the BLS. Regarding clinical work:

No distinction is made between trainees clocking hours for licensure in a forensic setting (low or no pay).

The ‘mean’ can’t distinguish between a forensic rate charged 100 hours a year and a psychotherapy rate for another 1500 hours the same year.

The mean incorporates salaried positions that pay low but come with high-value benefits. In fact, straight-out-of-school jobs are often salaried in the corrections system or mental health hospitals.

There is no accommodation about fees set by judicial or government bodies. (Courts, Workers Comp., even insurance).

[iii]    Reported by the BLS for 2016-209, mean hourly wage:

“Psychiatrists, 29-1223.  “Diagnose, treat, and help prevent mental disorders. Excludes “Clinical and Counseling Psychologists” (19-3033) and “School Psychologists” (19-3034)” 

[Unclear why they reference psychologists—see stats about Psychologists below. Ed.]

2019 $105.98/hour https://www.bls.gov/oes/current/oes291223.htm (congratulations on the raise since last year. 3 cents!)

2018 $105.95 https://www.bls.gov/oes/2018/may/oes291066.htm

2017 $103.89 https://www.bls.gov/oes/2017/may/oes291066.htm

2016 $96.26 https://www.bls.gov/oes/2016/may/oes291066.htm

“19-3039 Psychologists, All Other”

  1. $47.23.  https://www.bls.gov/oes/current/oes193039.htm
  2. $45.97 https://www.bls.gov/oes/2018/may/oes193039.htm

2017: $44.92 https://www.bls.gov/oes/2017/may/oes193039.htm (sorry about the pay cut from 2016)

2016 $45.51 https://www.bls.gov/oes/2016/may/oes193039.htm

I encourage you to follow the links to learn more about the BLS geographic data and collection process.

[iv]   Finno, Ariel A., Michalski, Daniel, et al., “Salaries in Psychology 2009 Report of the 2009 APA Salary Survey,” APA Center for Workforce Studies – April 2010 https://www.apa.org/workforce/publications/09-salaries/report.pdf

[v] SEAK Expert Witness Fee Summary Report, by request, https://seak.com/expert-witness-fee-data-form/

[vi] The ExpertPages 2019 Fees & Practices Survey (Part 1), by request for download at https://expertpages.com/news/survey2019_1.htm

[vii] ABPN Facts and Statistics, https://www.abpn.com/about/facts-and-statistics/

5 Year Pass Rate Summary (2019). https://www.abpn.com/wp-content/uploads/2020/04/ABPN-Pass-Rates-5-Year-Summary-2019.pdf

Certificates issued by Year https://www.abpn.com/wp-content/uploads/2020/04/Certifications-by-Year-Subspecialties-2019.pdf

ABPN Annual Reports including Subspecialties

2022 https://abpn.org/about/facts-and-statistics/  chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.abpn.org/wp-content/uploads/2023/03/ABPN-Certifications-Total-and-Active-2022.pdf

2019 https://www.abpn.com/wp-content/uploads/2020/05/ABPN_2019_Annual_Report.pdf

2018 https://www.abpn.com/wp-content/uploads/2019/05/ABPN_2018_Annual_Report.pdf

2017 https://www.abpn.com/wp-content/uploads/2018/04/2017_ABPN_Annual_Report.pdf.

2016 https://www.abpn.com/wp-content/uploads/2017/03/2016_ABPN_Annual_Report.pdf

[viii] Ibid

[ix] Ibid

[x] “ABPN Certification the Subspecialty of Forensic Psychiatry,” American Academy of Psychiatry and the Law (forensic arm  of the APA). https://www.aapl.org/abpn-certification.

[xi] “Specialty Guidelines for Forensic Psychology,” American Psychological Association https://www.apa.org/practice/guidelines/forensic-psychology Aug. 2020

[xii] Per confirmation from the American Board of Professional Psychology dated 8/16/20

[xiii] HIMS Aviation Medical Examiners monitor drug and alcohol use in commercial pilots. A team of a psychiatrist and neuropsychologist are generally tasked with the evaluation. “HIMS is specific to commercial pilots and coordinates the identification, treatment and return to the cockpit of impaired aviators. It is an industry-wide effort in which companies, pilot unions, and FAA work together to preserve careers and further air safety.

“Drug and Alcohol Monitoring” FAQ, Federal Aviation Administration. https://www.faa.gov/about/office_org/headquarters_offices/avs/offices/aam/ame/guide/media/DA_Monitoring_Programs_and_HIMS_FAQs.pdf and

“Guide for Aviation Medical Examiners,” Federal Aviation Administration, https://www.faa.gov/about/office_org/headquarters_offices/avs/offices/aam/ame/guide/dec_cons/disease_prot/saspec/

[xiv] Medical Review Officers.  “Drug Testing,” Department of Health and Human Services, Substance Abuse and Mental Health Services Administration. https://www.samhsa.gov/workplace/drug-testing

[xv] Learn more: Buchanan, Alec, M.D., PhD, Binder, Renee, M.D., Norko, Michael, M.D., Swartz, Marvin, M.D. “Resource Document on Psychiatric Violence Risk Assessment, APA Resource Document. American Psychiatry Association, October 2011 https://www.psychiatry.org/psychiatrists/search-directories-databases/library-and-archive/resource-documents

[xvi] American Board of Psychiatry and Neurology VerifyCERT™ Certification and Status Verification Tool. https://application.abpn.com/verifycert/verifyCert.asp?a=4&u=1

[xvii] Lin, L., Conroy, J., & Christidis, P. (2020, January). Which states have the most licensed psychologists? Monitor on Psychology51(1). http://www.apa.org/monitor/2020/01/datapoint-states,  https://www.apa.org/monitor/2020/01/datapoint-states

[xviii] Criminal Minds: FBI Behavioral Analysis Unit

[xix] “Ethics Guidelines for the Practice of Forensic Psychiatry, American Academy of Psychiatry and the Law, Adopted May 2005. https://www.aapl.org/ethics.htm

[xx] Ventura, Luis E. “Paying an Expert Under a Contingency Fee Arrangement Is a Major No-No.” Legal Ethics Corner (Blog), San Deigo County Bar Association, 2020. https://www.sdcba.org/index.cfm?pg=Legal-Ethics-Corner-10-11

[xxi] “Ethics Questions and Answers Opinions of the AAPL Committee on Ethics Adopted by AAPL Council May 19, 2013” “Question 6] (Excerpted) An attorney has asked me to do a forensic examination on a Lien, in which I would collect my fee only if the case is successful. Is this ethical? Answer – If your fee or its collection is contingent on the successful outcome of a trial, it is unethical as explained under AAPL Guidelines Section IV, honesty and striving for objectivity. It also is unethical under AMA, Opinions of the Council on Ethical and Judicial Affairs, sections 6.01 and 9.07. According to AMA Opinions of the Council on Ethical and Judicial Affairs, section 8.10, however, a lien may be filed as a means of assuring payment in states where there are lien laws, providing the fee is fixed in amount and not contingent on the amount of the
individual’s settlement against a third party. Since your lien would be dependent
on the outcome of the case it would be unethical. ” [Emphasis added]  https://www.aapl.org/docs/pdf/Ethics%20Questions%20and%20Answers.pdf 

 

Board Certified Psychiatrists
ABPN Statistics Forensic Psychiatry and Psychiatry

If you’re reading this, you probably want to know if you’re charging the right fee already, or how much you might make if you went into med-legal work.

I’ll get to those numbers soon, but first fees are *always* in context.

Factors That Drive Fees

You Guarantee a “Win” (You Can’t!)

Most of the time, attorneys pay based on the likelihood you will deliver the outcome they seek. However, you can’t promise that because it is the ethical mandate of an Expert Witness to be objective–you might not find what they want to hear.

An easy solution, to start, is to ask, pre-retention for a cursory review of the case “facts.” Is the attorney informed? Do they present something measureable? Is your expertise the right fit with the damages? What is their response to your disclosure that you cannot promise a particular opinion?

Skill in Testimony

Will a jury hear and understand what you have to say?

Remember, the attorney always has their “win” front and center before the Jury.

Delivering Your Message

Before they agree to fees, the attorney is listening to your voice, manner, delivery and (on video) body language.

If they don’t find you appealing, they believe a jury won’t. Your actual fee becomes irrelevant.

The reality of the attorney’s assumption of how a jury will respond to you doesn’t actually matter. The attorney is the decision-maker in retaining expert witnesses.

The focus is on if a jury will respect you and listen to your testimony carefully. In that case, you likely can command a higher fee. On the other hand, if you put juries to sleep, consider coaching for voice modulation and public speaking skill.

Deposition Audition

How will you “play” on the stand? Most expert witness testimony occurs and stops at a deposition.

Opposing counsel can put to you the hard questions, try and catch you up in evasive or exploitable statements, and/or rattle you. At this point, your testimony skill is put to the test. 

O/C (opposing counsel) may not want you on the stand because you’re a threat to their own “win.”

If you pass deposition with flying colors–and could sway the jury to change their opinions–the cost of trial means settlement is now an economically justified option. 

Keeping You Off the Stand Can Be a Compliment

Your powerfully damning findings and explanation of those findings is a tool in the pissing match otherwise called “settlement negotiations.”

Cost of Going to Trial

Expert witness testimony at trial can be more than $10k, especially if there’s a minimum full day charge-the practice of some experts, travel and/or the expectation of multi-day cross-examination. Your fees could add another $20k+. Trials are expensive.

A reasonable settlement will almost always drive the likelihood of your testimony getting on the legal record, and this will be a factor at the settlement table.

Unfortunately it also deprives you of trial testimony experience, which also drives your fees.

Your Findings

A skill that drives fees is your ability to deliver a solid report: you describe and consider as much information as possible, and your conclusions are well formed and easy to parse.

This is another “audition” for the sought after “win” or “lose” above.

For this reason, attorneys may request all your work and your report before disclosing you. That way they have a chance to look for someone else if they don’t like what you have to say.

Credentials and Experience

Inadequate credentials get many experts disqualified–a legal process where you are not allowed to testify.

How to Protect or Increase Your Fees

Plan your professional development, including CME and CLE, with an eye to the long-term med-legal career. I encourage CLE (Continuing Legal Education) in the form of short Bar webinars so you know the concerns of an attorney.

Seek Fellowship (or sit in on Fellowship program didactics, if allowed.) While Forensic Psychiatry is the only field with this unique training and Board-Certification. Other medical specialists can still seek the legal training mentioned, IME training, and more in the “marketplace” of further education.

Caveat: don’t put the wrong thing on your CV. If the education is more informative than defensible, take what you need and leave it off your CV.

Unique Expertise

Ironically, cases with unusual medical features require a specialist and they are not always easy to find–and they usually can charge more than their garden variety medical counterparts.

Pain medicine addiction? Psychologists need not apply. Trauma related to loss of a limb? Physiatrists need not apply (even though they treat amputees).

If you have unique expertise, make sure you communicate it in your marketing.

If you don’t, it’s a missed opportunity that can drive a fee schedule that is too low.

Supply and Demand

There is more demand in the judicial system for experts than available medical experts.

The Numbers

Rates discussed below apply to many areas of medicine. Forensic Psychiatry is the exemplar because as stated, Fellowship is the only medical education targetting the judicial system. However, feel free to use it as a rule of thumb.

Do My Clinical Rates Matter?

No.

Forensic work is very different from clinical work. 

Why would testimony about, for example, a unique medical condition tied to a car accident have anything to do with what you charge for an office visit?

Also, ethically, they should be unrelated because when you conduct a forensic exam or issue opinions, you are not treating a patient.

  • HIPAA doesn’t apply.
  • You are not an advocate.
  • You cannot prescribe for, or treat, the examinee and you never should.

Also, consider this: if you accept insurance for your patients, why would your contracted rate have anything to do with the value you bring to a legal question and the court?

Keep Clinical and Forensic Work and Rates Separate.

How much do Forensic Psychiatrists and Psychologists Charge? What you need to know to set an appropriate fee.

Forensic Psychiatrists

Board-Certified Forensic Psychiatrists (ABPN) estimated Fee $450-$1,000/hour

  1. $450 6-months post Fellowship, before Board-Certification and assuming no unusual additional training.
  2. $500-600+ post Board-Certified < 3 years in practice (assumes primary practice is clinical and a very small forensic practice. Rates  can vary geographically.)
  3. $550-$900 Mid-Career, generally there is a plateau at years 6-10 (testimony experience counts. If you testify often, there is no cap.)
  4. $900+ for experience 15+ years with considerable testimony experience and a stellar reputation for quality reports and skill on the stand. Fees reflect experience, area of expertise, testimony and reputation; excludes outliers
  5. More than 15 years of experience: highly dependent on reputation and skill. These fees are unpredictable.
Forensic Psychologists

Licensed Psychologists (PhD or PsyD) with forensic expertise estimated charge $250-$600 (see also #4)

  1. $250-$400 < 4 years
  2. $400-$500 = 4-8 years’ experience, plateau mid-career
  3. $600 = 8+ years fluidly estimated
  4. Fees reflect experience, area of expertise, testimony and reputation; excludes outliers at the top of their field who may charge more than $1000/hour

Testimony is 30-50% higher than the base fee.

Figures: My Sources, Deduction and Robust Hearsay

Disclaimer: Estimates are based on my unofficial, but significant experience supported by first-person reporters, legal documents, and intersecting professional research data.

  1.  Speaking with dozens of forensic psychiatrists, psychologists 
  2. Speaking with dozens of lawyers[i]
  3. Fees and experience reported in Depositions, Expert Disclosures, and Billing documents produced during Discovery; doctors are usually asked their fee early in a deposition-a good way to know what your colleagues are charging. Also, doctors usually must produce their invoices in Document Production during the discovery phase of a lawsuit. Experience reported in CVs and Rule 26 Disclosures.
  4. Information from the American Board of Psychiatry and Neurology and the American Psychological Association.
Commonly Cited Data From 4 Sources
  1. The Bureau of Labor Statistics (BLS) Occupational and Employment Statistics (OES)[ii] is the most widely cited data source in articles about what a forensic psychiatrist or psychologist charges. Unfortunately, it is useless.
  • Makes no distinction between clinical and forensic practice.
  • Salaried positions are included which doesn’t impact setting a fee in private practice.
  • No adjustment for trainees or those in fellowship.
  • Mean numbers do not distinguish a split practice, though forensic work is usually a portion of overall income alongside clinical work.

BLS numbers are off for forensic work by as much as a factor of 10. We can all agree no forensic psychologist charges $42/hour. Data supplied by the BLS specifically for 2016-2019 is taken apart in the Endnote below. Due to COVID, 2020-2021 information are outliers. 2022 BLS forthcoming.[iii]

A. 2009 survey by the American Psychological Association.

  • References the BLS stats.
  • Only 5% of 711 respondents (35!) identify as forensic psychologists.
  • The APA categorizes forensic psychology with “Direct Human Services – Other Psychological Subfields.” [iv]

B. Two (private) Expert Witness Directory Surveys.

Outliers are discussed.

Credentials that Make a Difference in Medical Specialties Generally

Physicians in unique specialties charge fees in the same general range as Forensic Psychiatrists but demand and experience becomes relevant. E.g. orthopedic injuries are more common in Personal Injury cases but there are more orthopedists who testify. A specialist in degenerative brain injuries may be asked to testify in testamentary capacity questions, probate litigation.

Board-Certification: range reflects one specialty and multiple specialties.

$450-$700/hour. Specializaiton-dependent.

$450/hour for those post Fellowship, pre Board-Certification in populated areas.

$650-900/hour: mid-career doctors with 6-15 years’ experience in med-legal work (some variation geographically and if a further sub-specialization is relevant.)

Board-Certification in multiple medical specialties can command a higher fee—especially if they intersect in commonly litigated matters. Certainly, multiple Board-Certifications reflect more medical training. From a medico-legal perspective, a combination of medical specialties is helpful in cases where medical factors are complex or even interdependent.

Cross-over Application in Training, Certification, Fellowship. Doctors who can address more than one area of healthcare are better suited to a complicated case and those are the most interesting and profitable. For example, certification in a unique medical procedure or use of a medical device in treatment is another way to enhance your credentials.  One client of mine is qualified to treat a condition with a DEA regulated medication. Another is certified in Transgender Health. The former has testified in addiction cases and the latter testified in a case involving a transgender teen facing enforced separation from support and family. 

Notoriously, preexisting conditions, pain, medications and comorbidity require a multi-faceted assessment.

Examples: (a) Personal injuries in PI cases where a plaintiff develops a dependence on pain medication could make specialization in Pain Medicine relevant. (b) An elder abuse fraud case might benefit from a doctor skilled in Internal Medicine, Geriatric Medicine or Brain Injury Medicine to assist the trier of fact depending on the facts. 

Statistics: The Real Picture

The American Board of Psychiatry and Neurology issues statistics annually about psychiatrists and neurologists. In other medical specialties I encourage you to pursue statistics available through your own Board-Certification Granting entity.

ABPN statistics are are cited in its Annual Reports and Reports of Board-Certifications by Subspecialties, and overviews. [vii] [Figures available on ABPN Facts and Statistics website or on most devices and appear at the end of this article.]

4%

In 2022 approximately 4% of all Board-Certified Psychiatrists also held Board-Certification in Forensic Psychiatry. This percentage hasn’t changed in over 10 years.[viii]

Per the ABPN, as of the last biennial exam reported in 2022, there were 1300 Active Board-Certified Forensic Psychiatrists and 2675 including those “known to be deceased” and/or with lapsed certificates! These are out of of 70,000 Board-Certified in General Psychiatry (also including lapsed certificates.) 2023 results are not yet reported as of the writing of this article.[ix]

1500 Board-Certified in Forensic Psychiatrists have at minimum 10 years experience–Medical School, Residency and Fellowship. Those Board-Certified for more than 10 years will have to have passed the 10 year Maintenance of Certification.

The Boards have been offered since 1994, which explains a plateau in fees among doctors with 6-10 years’ experience in the “mid-career” range, based on my experience and due in some part to this distribution.

I would not be surprised to learn the inactive Board-Certifications reflect a cluster of Certificates issued in and prior to 1999, the last year you could obtain Board-Certification without the Fellowship requirement or 1994 when Board-Certification was granted by exam and prior psychiatrists in the forensic space were grandfathered in. [x]

Psychologists. Multiple Board-Certifications is more unusual in Psychology, but specialty training is available. Unlike Medicine, Board-Certification in Forensic Psychology issued by the American Board of Professional Psychology (ABPP)[xi] is held by only 293 Psychologists, down 27 from 2018.[xii]  Board-Certification in Neuropsychology and Child and Adolescent Psychology are other options for specialty training.  Given the number of licensed psychologists, forensic psychology postgraduate programs and psychologists practicing forensic psychology, Board-Certification is unique but not requisite by any means. 

If you don’t have Board-Certification in Forensic Psychology, you are in the majority.

If you are Board-Certified in Forensic Psychology or another subspecialty you are among an elite group with specialty training and, like any specialized credential, a higher fee may be justified.

Education

You can obtain a PhD or PsyD in Psychology from almost every University in the country. Only a few, however, offer forensic-focused postgraduate programs. There is a value if the program is well-respected. If the program is well-respected but not well-known, and you feel your training indicates a higher fee, I recommend educating attorneys on a website or article.

Less Well-Known Credentials That Can Impact Fees

Specialty Forensic Assessment, Especially Driven by Occupational Considerations sometimes require specific Certification. Here are a few.

  • HIMS (Drug and Alcohol Monitoring for commercial Pilots-FAA). Relevant to Psychiatrists and Neuropsychologists can apply.[xiii]
  •  Military and Government Approved Contractors. Psychiatrists and Psychologists.
  • Medical Review Officer MRO (a physician trained to interpret labs in drug testing programs). Releva nt to Psychiatrists can apply.[xiv]
  • Risk of Violence aka Threat Assessment training and certification. Can include use of designated threat assessment testing and tools; may accompany a Fitness for Duty evaluation. Relevant to Psychiatrists and Psychologists.[xv]
  • Fixed fee structure (court-ordered evaluators and Workers’ Compensation Examinations usually come with a base fee that is inflexible.) This fee can be more or can be less than your usual rate. Relevant to Psychologists and Psychiatrists.

Geography

The CV of a $500/hour Expert in New Mexico may look similar to the CV of an $800/hour Expert in Chicago.

That said, the out-of-state Expert can add as much as $5,000 to the cost of their services if they must be “flown in,” and that factors into an attorney’s decision.

Checking Out Your Competitors

 The ABPN “Verify Cert” tool allows you to look up by Board-Certification Specialty and both/either State and name.[xvi]

The American Psychological Association charts the location of licensed Psychologists (sorry no Forensic subspecialties documented).[xvii] and the ABPN can tell you how many Board-Certified Forensic Psychiatrists are practicing in a given state.

Quantifiable Factors in Fees: Take Charge of What You Charge

Forensic Experience

  • Testimony at Deposition and/or Trial. It takes time to master unflustered testimony under fire, relevant to the fee increase from early-career to mid-career doctors. Early in your career, you might not increase your testimony fee (the standard, otherwise).
  • Specialization. A rare specialization will bump up the hourly rate, especially if credentialed (Board-Certification).
  • Respected work-product: well-written reports and a sharp eye with records review. Pay attention to attorney feedback and implement accordingly.
  • Academic Appointments. (1) Expert Witnesses are first and foremost educators, (2) an academic appointment reinforces that you are an expert in your field.
  • Public Service and Volunteer Work. These speak to your character in a field where character counts.
  • Prestige schools are great but not as important as where you received your forensic training (Fellowship or Forensic Psychology or Criminology Programs).
  • Specialty Training (see above).

I believe medicolegal expert physicians can benefit from Continuing Legal Education or CLE (the legal version of CME). Non lawyers can join many Bar Associations and attend CLE events. You can also subscribe to, and read, legal publications, attend seminars, webinars, public programs, and conferences about expert witness and medical-legal assessment. Partner with colleagues, join forensic organizations, and pursue mentorship.

Bragging Rights

Awards, appointments and affiliations.  Membership in a respected professional organization and serving on specialty subcommittees.

  • Board and leadership positions for professional organizations.
  • Government appointments. A client of mine was appointed by the state Governor to a body that advises about matters that intertwine criminology and mental health. Another is appointed to the State’s Accreditation Commission for academic programs in his profession.
  • Publishing, public speaking and media presence.

Publishing.  If you have a specialization, publishing demonstrates and underscores you are truly an expert on that topic. If you are not, don’t publish. Stick to peer-reviewed and professional publications.  

Public Speaking. Public Speaking is the verbal version of publishing, with the added benefit that more people will understand what you have to say. Fees reflect demand and demand reflects visibility and an understanding of your expertise.

Media Presence. If a legitimate news outlet seeks you for commentary, I recommend you thoughtfully consider if it is the right decision to accept. You can introduce your knowledge base and professional reputation to a broader population. This speaks to the “reputation” factor that drives fees. But, if you are not comfortable in the public eye, don’t do it.

Forensic Psychiatrists and psychologists get more media face time than almost any other forensic scientist. Thanks to the media, the field enjoys a relatively new and well-deserved respect and trustworthiness. Whenever the news interviews a forensic doctor after a heinous crime, the public learns someone like you is the right expert to turn to. Remember: members of the public include jurors, judges and attorneys.[xviii]

Setting your own fee. Make no assumptions.

90% of my clients come to me undercharging, in my opinion. Most are worried about increasing their fee. So far, knock on wood, rates I recommend have proven to be a non-issue for attorneys and put the expert on an equal footing with colleagues.

Magical Thinking, Emotional Thinking, Institutionalized Thinking

Magic: “I don’t think I can justify a higher rate so I won’t.”  If you’ve set your fee based on no outside information of any kind, that’s magical thinking. 

Emotions: Fear is a powerful motivator. Some doctors tell me they think they will lose cases if they charge “too much.” Low self-esteem is sometimes the “hidden” driver behind such a statement.

Because you fear it, doesn’t mean it’s true or, as a wise person once said to me “feelings are not reality.”

Set an appropriate fee for your experience and qualifications, state it to attorneys, and be silent.

Prepare to be uncomfortable the first few times you do this. It gets easier.

Institutionalized Thinking is a little different

Women are more likely to charge less than their male counterparts even though attorneys won’t expect a ‘discount’ from a woman. I expect this is the case of other marginalized people.

Attorneys care about the strategy of their case and the Expert’s gender, race, or any factor can matter or not. I recommend you not second guess the attorney when setting your rates.

Breaking the Taboo: Talking to Colleagues About Money

I encourage my clients to consider their colleagues to be…..colleagues. Networking and information-sharing makes the profession better, introduces transparency between practitioners, and a sense of fairness in fee-setting. There is a societal taboo against talking about money. I think you do yourself a disservice if you don’t ask your colleagues what they charge, but be sure to do so in the spirit of collegiality and mutual support. 

Never accept liens or fees paid on contingency [xxi]

Why? If you only receive payment if the case is “won,” then you lose all reputation for objectivity. How can a jury rely on your findings if they are tainted by a motivation to be paid “for the opinion?” It is unethical and unwise to have a contingency or lien arrangement with the retaining attorney.

Professional Warnings About Fee Structure

No Contingency

No Liens

Tread carefully: Discounts, Flat Fees.

Contingency and Liens mean having a dog in the fight. 

The implication your income and opinion are interdependent will damage your reputation at best and could stop your career in its tracks. How much you charge could become a moot point.

“Contingency” describes an arrangement whereby payment is contingent on whether or not a party prevails in a lawsuit. It is an acceptable arrangement for attorneys such as Personal Injury Law where attorneys are  paid a percentage of an award and earn nothing if their client “loses.”

Contingency payment is not acceptable for any Expert Witness and can result in the disqualification of an Expert’s testimony. Per the American Academy of Psychiatry and the Law “Ethics Guidelines for the Practice of forensic Psychiatry” (2005),

“Contingency fees undermine honesty and efforts to attain objectivity and should not be accepted.”

American Academy of Psychiatry and the Law “Ethics Guidelines for the Practice of forensic Psychiatry” (2005), [xix]

Liens, unlike contingency, are payment of fees secured by plaintiff’s property, but like contingency, there is a direct relationship between the Expert’s fee and the case outcome.

“In Straughter v. Raymond IV (C.D. Cal. 2011) 2011 WL 1789987…plaintiff gave the expert a lien against his personal property and against any recovery in the case because of his inability to afford her hourly rate. That constituted “a de facto contingency fee arrangement.”

Ventura, Luis. San Diego County Bar Association “Ethics Corner[xx]

 

Flat Fees [xxi]

A fee for a “standard” IME and report, perhaps a short records review is one model of billing.

I recommend against it for a simple reason: a flat fee means the difference between your effort and your income is profit. If they are not one and the same, then you have a problem.

Even if your flat fee is less than your hours spent, a jury is unlikely to hear it or care.

Bill for your time: hours spent x fees charged. No ambiguity.

 

If you have a question about how much you charge, or how much you should charge, call me.

 

Endnotes

Disclaimer: This article has been updated in 2019, 2020 and January 2024. Any inconsistencies in numbers is the fault of the writer. 

[i] Attorney response to fees disclosed is revealing and factor into my estimates. Watch for these responses when you talk to an attorney about your fees: surprise (pleasantly or negatively shocked), no surprise at all, acceptance, resignation, arguing or an attempt to negotiate. Look at trends over the course of a number of conversations with attorneys. Skill in detecting malingering is helpful.

[ii]    U.S. Bureau of Labor Statistics, Occupational and Employment Statistics, https://www.bls.gov/oes/home.htm#

When I began my research to see what my clients were reading on the internet, I found dozens of articles quoting the Bureau of Labor Statistics, like these Houston Chronicle online articles “How much does an average forensic psychologist earn in a year?” (Thompson Jayne, Houston Chronicle, 2018) and “How much does a forensic psychiatrist make?” (Henderson, William, Chron, Undated).

What you need to know about BLS Statistics

Categories include “Psychiatry, All Other” and “Psychology, All Other.” Forensic Psychiatry and Forensic Psychology are not documented by the BLS. Regarding clinical work:

No distinction is made between trainees clocking hours for licensure in a forensic setting (low or no pay).

The ‘mean’ can’t distinguish between a forensic rate charged 100 hours a year and a psychotherapy rate for another 1500 hours the same year.

The mean incorporates salaried positions that pay low but come with high-value benefits. In fact, straight-out-of-school jobs are often salaried in the corrections system or mental health hospitals.

There is no accommodation about fees set by judicial or government bodies. (Courts, Workers Comp., even insurance).

[iii]    Reported by the BLS for 2016-209, mean hourly wage:

“Psychiatrists, 29-1223.  “Diagnose, treat, and help prevent mental disorders. Excludes “Clinical and Counseling Psychologists” (19-3033) and “School Psychologists” (19-3034)” 

[Unclear why they reference psychologists—see stats about Psychologists below. Ed.]

2019 $105.98/hour https://www.bls.gov/oes/current/oes291223.htm (congratulations on the raise since last year. 3 cents!)

2018 $105.95 https://www.bls.gov/oes/2018/may/oes291066.htm

2017 $103.89 https://www.bls.gov/oes/2017/may/oes291066.htm

2016 $96.26 https://www.bls.gov/oes/2016/may/oes291066.htm

“19-3039 Psychologists, All Other”

  1. $47.23.  https://www.bls.gov/oes/current/oes193039.htm
  2. $45.97 https://www.bls.gov/oes/2018/may/oes193039.htm

2017: $44.92 https://www.bls.gov/oes/2017/may/oes193039.htm (sorry about the pay cut from 2016)

2016 $45.51 https://www.bls.gov/oes/2016/may/oes193039.htm

I encourage you to follow the links to learn more about the BLS geographic data and collection process.

[iv]   Finno, Ariel A., Michalski, Daniel, et al., “Salaries in Psychology 2009 Report of the 2009 APA Salary Survey,” APA Center for Workforce Studies – April 2010 https://www.apa.org/workforce/publications/09-salaries/report.pdf

[v] SEAK Expert Witness Fee Summary Report, by request, https://seak.com/expert-witness-fee-data-form/

[vi] The ExpertPages 2019 Fees & Practices Survey (Part 1), by request for download at https://expertpages.com/news/survey2019_1.htm

[vii] ABPN Facts and Statistics, https://www.abpn.com/about/facts-and-statistics/

5 Year Pass Rate Summary (2019). https://www.abpn.com/wp-content/uploads/2020/04/ABPN-Pass-Rates-5-Year-Summary-2019.pdf

Certificates issued by Year https://www.abpn.com/wp-content/uploads/2020/04/Certifications-by-Year-Subspecialties-2019.pdf

ABPN Annual Reports including Subspecialties

2022 https://abpn.org/about/facts-and-statistics/  chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.abpn.org/wp-content/uploads/2023/03/ABPN-Certifications-Total-and-Active-2022.pdf

2019 https://www.abpn.com/wp-content/uploads/2020/05/ABPN_2019_Annual_Report.pdf

2018 https://www.abpn.com/wp-content/uploads/2019/05/ABPN_2018_Annual_Report.pdf

2017 https://www.abpn.com/wp-content/uploads/2018/04/2017_ABPN_Annual_Report.pdf.

2016 https://www.abpn.com/wp-content/uploads/2017/03/2016_ABPN_Annual_Report.pdf

[viii] Ibid

[ix] Ibid

[x] “ABPN Certification the Subspecialty of Forensic Psychiatry,” American Academy of Psychiatry and the Law (forensic arm  of the APA). https://www.aapl.org/abpn-certification.

[xi] “Specialty Guidelines for Forensic Psychology,” American Psychological Association https://www.apa.org/practice/guidelines/forensic-psychology Aug. 2020

[xii] Per confirmation from the American Board of Professional Psychology dated 8/16/20

[xiii] HIMS Aviation Medical Examiners monitor drug and alcohol use in commercial pilots. A team of a psychiatrist and neuropsychologist are generally tasked with the evaluation. “HIMS is specific to commercial pilots and coordinates the identification, treatment and return to the cockpit of impaired aviators. It is an industry-wide effort in which companies, pilot unions, and FAA work together to preserve careers and further air safety.

“Drug and Alcohol Monitoring” FAQ, Federal Aviation Administration. https://www.faa.gov/about/office_org/headquarters_offices/avs/offices/aam/ame/guide/media/DA_Monitoring_Programs_and_HIMS_FAQs.pdf and

“Guide for Aviation Medical Examiners,” Federal Aviation Administration, https://www.faa.gov/about/office_org/headquarters_offices/avs/offices/aam/ame/guide/dec_cons/disease_prot/saspec/

[xiv] Medical Review Officers.  “Drug Testing,” Department of Health and Human Services, Substance Abuse and Mental Health Services Administration. https://www.samhsa.gov/workplace/drug-testing

[xv] Learn more: Buchanan, Alec, M.D., PhD, Binder, Renee, M.D., Norko, Michael, M.D., Swartz, Marvin, M.D. “Resource Document on Psychiatric Violence Risk Assessment, APA Resource Document. American Psychiatry Association, October 2011 https://www.psychiatry.org/psychiatrists/search-directories-databases/library-and-archive/resource-documents

[xvi] American Board of Psychiatry and Neurology VerifyCERT™ Certification and Status Verification Tool. https://application.abpn.com/verifycert/verifyCert.asp?a=4&u=1

[xvii] Lin, L., Conroy, J., & Christidis, P. (2020, January). Which states have the most licensed psychologists? Monitor on Psychology51(1). http://www.apa.org/monitor/2020/01/datapoint-states,  https://www.apa.org/monitor/2020/01/datapoint-states

[xviii] Criminal Minds: FBI Behavioral Analysis Unit

[xix] “Ethics Guidelines for the Practice of Forensic Psychiatry, American Academy of Psychiatry and the Law, Adopted May 2005. https://www.aapl.org/ethics.htm

[xx] Ventura, Luis E. “Paying an Expert Under a Contingency Fee Arrangement Is a Major No-No.” Legal Ethics Corner (Blog), San Deigo County Bar Association, 2020. https://www.sdcba.org/index.cfm?pg=Legal-Ethics-Corner-10-11

[xxi] “Ethics Questions and Answers Opinions of the AAPL Committee on Ethics Adopted by AAPL Council May 19, 2013” “Question 6] (Excerpted) An attorney has asked me to do a forensic examination on a Lien, in which I would collect my fee only if the case is successful. Is this ethical? Answer – If your fee or its collection is contingent on the successful outcome of a trial, it is unethical as explained under AAPL Guidelines Section IV, honesty and striving for objectivity. It also is unethical under AMA, Opinions of the Council on Ethical and Judicial Affairs, sections 6.01 and 9.07. According to AMA Opinions of the Council on Ethical and Judicial Affairs, section 8.10, however, a lien may be filed as a means of assuring payment in states where there are lien laws, providing the fee is fixed in amount and not contingent on the amount of the
individual’s settlement against a third party. Since your lien would be dependent
on the outcome of the case it would be unethical. ” [Emphasis added]  https://www.aapl.org/docs/pdf/Ethics%20Questions%20and%20Answers.pdf 

 

Board-Certified Forensic Psychiatrists
ABPN Statistics Forensic Psychiatry and Psychiatry