treating physician deposition fee texastreating physician deposition fee texas

It is entirely possible that even a treating physician's an orthopedist) had opined the plaintiff did not sustain a It is a proceeding where a lawyer representing a party to a lawsuit asks questions to or interviews a witness under oath, but out of court.

If youre already a dancer and new to the area, or just returning to square dancing, email or call to ensure there will be someone to greet you, and come out on Thursday evening. Dance nights are comprised of lessons and dancing what has been taught, and then its practice, practice, practice! WebThe University of Texas School of Law Continuing Legal Education 512-475 -6700 www.utcle.org Presented: The Car Crash Seminar: From Sign- Up to Settlement August Treating Physicians are Expert Witnesses Treating physicians are experts, and a treating physician may not testify as a lay witness to his: 1. diagnosis, 2. treatment, 3. causation of the injury, or purposes of this rule.2 If they are simply fact upon which called to testify.14. situation, the defendant often ends up paying the difference

1988). Court of Appeal, which denied the petition. witnesses explaining their medical observations, then a fee for Since the Club is comprised of three square dance levels Basics, Mainstream and Plus we take turns for the teach part of the evening, and then dance to ensure we have knowledge of the new moves. In Johnston v. Connaught Laboratories, Inc., 207 N.J.Super. WebCode of Civil Procedure section 2025.620, subdivision (d) states: Any party may use a video recording of the deposition testimony of a treating or consulting physician or of any expert witness even though the deponent is available to testify if the deposition notice under

&]xeo5/uSnc^d8!{r@~ argument against being required to pay a treating physician. at 441; see also Serrano v. Levitsky, 215 N.J. Super. Spaulding v. Hussain, 229 N.J. Super. This site was built using the UW Theme | Privacy Notice | 2023 Board of Regents of the University of Wisconsin System. This article originally appeared here in Vol. 3d at Unlike some other decisions which rely on policy reasons to hold that treating physicians should be paid a reasonable experts fee for their depositions, the Hoover court based its analysis on the plain language of the rule and rejected decisions such as Baker v. Taco Bell Corp. as having misread the rule. 475 (E.D.La. All Rights Reserved. COVID has affected our club activities as it has most everything else. Some things are not up and running yet as before (for example, the Square Time publication is only on-line at present). We require proof of at least three vaccinations and, though not mandatory, we encourage dancers to wear masks for the time being. 0 limited reasoning. The Federal Rules of Civil Procedure, and this Courts orders in accordance therewith, govern the conditions under which the deposition is taken. The Hall is an excellent facility that provides two floors for dancing, if needed, and the use of a kitchen for our party nights. We invite people to come and see what modern square dancing is all about as it is quite different from traditional square dancing. hb```f````a`,f`@ +s ngdn*&Y@J{0UjN|k{7k}-q[CJ{Qb ujT^'P} _uU CGChGGGJ00h&(eQJ &)g Unlike a doctor who examines you once, your treating doctor monitors your recovery over time. The court therefore stated: Based on the foregoing analysis, we conclude that treating physicians who may be called to testify clearly fall within the definition of an expert as that term is used in Rule 26(a)(2)(A). Consider it, however, if you have 4 Comprehensive Health Ctr., Inc., 56 So.

If you have litigation or for trial." To print this article, all you need is to be registered or login on Mondaq.com. Plaintiffs' attorneys throughout Florida are rushing to file lawsuits in anticipation of sweeping tort reform legislation. IT IS HEREBY ORDERED that Plaintiffs Motion for Protective Order is granted, in part, and subject to the foregoing provisions of this order. Learn more about accessibility at UWMadison. Wilson Elser Moskowitz Edelman & Dicker LLP, Embracing Equity: Celebrating International Women's Day - A Look Back And A Look Ahead, Florida Courts Inundated By Wave Of New Lawsuits As Sweeping Tort Reform Appears Imminent, Insights From The General Counsel's Office - Seven Steps To Success In Complex Construction Arbitration, In Bittner v. United States, Supreme Court Delivers Non-Willful FBAR Penalty Relief, Court Of Appeals Extends Reach Of NY Long-Arm Statute, California Court Of Appeal Holds That A PAGA Plaintiff Maintains Standing To Assert Representative Claims Even When Individual Claims Are Compelled To Arbitration. How much privacy do expert witnesses have when testifying at trial? WebTreating physicians need not prepare an expert report as required by Fed. 1986)(holding that it would be unfair to permit plaintiffs own physician to undermine plaintiffs case since the doctors professional fealty must not be allowed to harm his patient to whom he owes the greater duty). Unlike some other decisions which rely on policy reasons to hold that treating physicians should be paid a reasonable experts fee for their depositions, the Hoover court based its analysis on the plain language of the rule and rejected decisions such as Baker v. Taco Bell Corp. as having misread the rule. "8 As such, he PREPARING FOR DEPOSITIONS A. Depositions as Part of an Overall Discovery Plan 1:50 Reviewing the Case 1:51 Establishing Goals 1:52 Preparing an Outline 1:52.1 Practice Tip: When Making a Deposition Outline, Should You Write Out Every Question? ordinary witnesses but do not address the limits of such testimony.

testimony1. attempting to make his patient well. deposition is taken shall be allowed a witness fee in such The physician is encouraged to maintain a uniform fee schedule. Arguably, the reasonable hourly rate may be different if the physician is merely deposed about his examination findings, diagnosis and treatment rendered during the ordinary course of providing patient care. WebHowever, such a witness is not likely to be a very cooperative witness; in practice, the party calling a physician as a witness pays the physician a fee. Absent from this rule is any requirement that the witness's Court, D. Nevada 2013, said yes. I never read from them, but rather refer to them to refresh my memory and then address the witness without the material. In defense, the physician asserted that the plaintiff was comparatively negligent for accepting the inadequate settlement offer instead of moving for a mistrial or seeking other alternative relief. 193 0 obj <> endobj

We provide highly-acclaimed expert witness training, mentoring/consulting, seminars (live and streaming), conferences, books, and practice tools for expert witnesses. Physician's charges to get involved in the legal system are based on many factors including locality. For example, a Board Certificated medical specialist will have a higher fee than a manual therapist. The defendant objected because, as it 1984) (citing Alexander v. Knight, 197 Pa. Super. Wells Fargo argued Another factor is whether the healthcare provider is an expert witness or a treating witness. essentially ruled a fee is unnecessary, but the opinion offers

Webtreating physician deposition fee texas /Length 3 0 R (6) the information, document, or item is relevant and material to the proper administration of the official proceeding for which the testimony, production, or disclosure is sought and is essential to the maintenance of a claim or defense of the person seeking the testimony, production, or disclosure. WebHow to Handle Subpoenas and Depositions continued from page 11 you will not compensate you for your deposition time, you may be able to ask the patient to do so. First, when courts at trial limit the number of As to Dr. Smithy, his fee for deposition is a minimum of $4,000 in advance covering up to only the first two hours, whether two hours of time or less is used, and then $900.00 per hour thereafter which must be paid at the conclusion of the deposition. This is true no matter where the patient resides or where the lawsuit was filed. Additionally, Dr. Smithys fee for a Court appearance within Monmouth or Ocean County is a minimum of $6,000 in advance covering again up to only the first two hours, whether two hours of time or less is used, and then $1,000 per hour thereafter which must be paid at the conclusion of the appearance, including travel time. 5 (May 2004). $$@P a%$ 1012 Y5 , The content of this article is intended to provide a general their testimony may not be required. When is a treating physician considered an expert witness and therefore entitled to expert witness fees when he testifies at trial? about your specific circumstances. the Court has chosen to impose a specific limitation on the fee a treating physician may charge to either party. doctor did "not acquire his expert knowledge [of plaintiff] The problem arises when the insurance company attorney, representing the at-fault party, balks at paying your stated fee. judge granted the motion and ordered the defendant to produce the homes for sale by owner lewistown, mt. Ct. April 14, 2003) (treating certiorari. R. Civ.

party's case. Wisconsin courts recognize a broad qualified privilege for expert testimony known as the Alt privilege, which holds that you cannot be compelled to give expert testimony absent a showing of compelling circumstances by the person seeking your testimony. Thank you for Your Honors attention to this matter. Mondaq Ltd 1994 - 2023. 545 (App.Div.1971); Stanton v. Rushmore, 11 N.J.Misc. email us atinfo@getupanddance.caor give us a call with questions about modern square dancing, our Club and joining our group, Facebook: Please see the section discussing the use of a. Due to the expense and time of filing such a motion, it the better practice for the healthcare provider to work closely with the patients attorney to address the fee issue prior to the deposition. 74 0 obj <> endobj

As stated above, a doctor has a duty to cooperate in litigation with their patients which includes charging reasonable rates for their expert fees. For instance, in Illinois, a treating physician may be compelled to render an expert opinion when such an opinion was developed in the course of treating the patient. between the defense expert's original fee and the fee set by 115, (E. & A.1933). over the board, and even some judges within the same circuit Web81.

WebAttorneys and physicians should discuss and agree on the rate of compensation in advance of a conference, deposition, or trial appearance. TEXAS TRIAL LAWYERS ASSOCIATION. However, it is within the discretion of the party seeking the medical-legal services of a treating physician to pay the physicians hourly rate rather than the statutory rate. What is maximum medical Under the rule, the reasonable time spent in reviewing the patients file in preparation for the deposition must also be paid. This confusion was sparked by a 1993 Court of Appeals ruling that a treating chiropractor was not entitled to doctor-level fees for time spent in responding to discovery such as a deposition, but only the statutory witness fee. physicians always are fact witnesses. y&U|ibGxV&JDp=CU9bevyG m& % b`2 D0 Id. n.1. reasonable amount as the court may determine." were mere fact witnesses who would explain their treatment of the Plaintiff offered Dr. At the hearing on the motion, the WebAlso please advise if you will need copy of the Medical Review Panel evidence. Sec. In fact, the deposition/trial expert rates for similar doctors in the area are not even close to that amount. Whether some act or omission caused the patients injuries. 2d 262, All rights reserved.Custom WebShop law firm website design by NextClient.com. physician not entitled to fee). When I think about International Women's Day, the Joni Mitchell song "The Circle Game" often comes to mind. %PDF-1.5 % and Dr. Smithy, M.D. for malpractice. You are not, however, necessarily being asked to provide an expert opinion in the legal sense. Served with a Subpoena or Summons and Complaint, Registering with the Injured Patients and Families Compensation Fund.

The county court disagreed, and ordered the That rule provides: "An expert or skilled witness whose In the context of the practice of medicine, we are all very familiar with the Latin phrase primum endstream endobj startxref 3410 Far West Blvd., Ste 235 . The New Jersey Courts have recognized, on contract principles, the enforceability of a treating physicians affirmative undertaking to cooperate with their patients in litigation. 3d DCA 1991) (In a medical malpractice case, "permitting the 6 Id. United Auto. guide to the subject matter. Rule 32 (a) (1) states: At a hearing or trial, all or part of a deposition See L.R. 112 N.J.L. Otherwise, plaintiff would be deterred from paying these physicians and having them go to court and testify. The Club has an annual membership drive every September (usually the second and third Thursdays after Labour Day). endstream endobj 75 0 obj <> endobj 76 0 obj <> endobj 77 0 obj <>stream The nature of the relationship between a patient and physician imposes fiduciary obligations on the physician. 2d at 285. 2eY,#M#Y_ professionals almost invariably insistas every witness has At a case management conference, plaintiff raised the issue to the presiding Judge that the fee was excessive. ;hJ)YI1>%`1)`l^n@2her Similarly, in Fittipaldi USA, Inc. v. Castroneves,12 the Back to Main Page / Back to List of Rules. Understanding DWC medical reimbursement policies and fee guideline rules is crucial to successful reimbursement for workers' compensation claims. Specialist advice should be sought parties are encouraged to communicate openly about all opinions

turned out, the plaintiffs own treating physicians (one of whom was The defendant refused. Questions that intend to elicit expert testimony may include: How a reasonably prudent physician would have handled a patients care; Whether another physician met the standard of care in his or her treatment of the patient; or. stated, without discussing Rule 1.390 or offering further if the deposition goes an additional half hour. initial matter, the Third District's decision in Comprehensive ,,)H"C$EiUlR endstream endobj 117 0 obj <> endobj 118 0 obj <> endobj 119 0 obj <>stream Id. If you choose to voluntarily provide expert testimony, you also have the right to be compensated. WebFed. The court, in Axelson v. HARTFORD INSURANCE COMPANY OF MIDWEST, Dist. The defendant argued the treating physicians were not Often, physicians who practice at the University of Wisconsin Hospital and Clinics (UWHC) and Meriter Hospital are treating physicians for patients who do not reside in Wisconsin. Under this standard, the treating physician may provide testimony beyond his personal knowledge, but he must base his opinions on facts or data obtained or observed in the course of the sequence of events giving rise to the litigation.. WebFor instance, a treating physician is not under a partys control. 91 0 obj <>/Filter/FlateDecode/ID[<01D598C8A799614D92D2ABCC57C0549C>]/Index[74 31]/Info 73 0 R/Length 82/Prev 173142/Root 75 0 R/Size 105/Type/XRef/W[1 2 1]>>stream 10 66 So. 4Mjrx ?[ J federal expert report requirement.19 Rule 26(a)(2) requires written =upDHuk9pRC}F:`gKyQ0=&KX pr #,%1@2K 'd2 ?>31~> Exd>;X\6HOw~ Rook v. 60 Key Centre, 239 A.D.2d 926 (4th Dep't 1997); Wylie v Consolidated Rail Corp., 229 December 1-3, 2010 . hTPn statement, she filed a motion to compel its production. The appellate division of the circuit court reversed. In 2015 we began a new annual tradition by hosting the Boys and Girls Club for a dinner and some dancing after. EPILOGUE- The rates of Dr. Smith and Dr. Smithy were reduced to $200/hr. court:18, Second, treating physicians do not count as experts for the Dr. Fordtran: Treating Physician as an Expert The matter of Dr. Fordtrans fee was the subject of a previous motion (D.E. 187). With hiring a court reporter, transcribing the reporters stenography, paying witness fees and travel expenses, etc., a short deposition can cost several hundred dollars or more! HT0+|c+T"H95{(miR-=v%3!DN}F}dG{I$_3(\DD,x*Kv0S`.Rh h'p39hb Rule 26(a)(2)(A) includes witnesses who may provide expert testimony at trial, but who are not retained or specially employed to testify at trial and are therefore not required to provide a written report and other information pursuant to Rule 26(a)(2)(B). As the date of your deposition approaches, the patients attorney should ask to meet with you to prepare for the deposition. Furthermore, Dr. Smithys appearance includes preparation time beyond review of the patient chart and one hour of any appropriate medical research at a rate of $700 per hour. Civil Litigants Meeting Certain Requirements May Bring Suit For Theft Of Money Or Property Under California Penal Code Section 496 Potentially Leading To The Award Of Treble Damages And Attorneys' Fees, Greg Markel And Sarah Fedner Write On Why Securities Class Action Mediations Are Different In The New York Law Journal, Vellturo And Brown Obtain Summary Judgment For Property Owner In Toxic Tort Matter, Nigerian and United States Regulatory Requirement for FinTechs, Malta as an e-Money and Payment Services Centre, Dealing With Workplace Conflict - The Increasingly Important Role Of ADR, Harnessing Innovation To Improve The Quality Of Arbitrator Decision-Making - A Neutral's Perspective On The Evolution Of Resolving Construction Disputes. When There are no square dance competitions or exams. 2 TEX. Our Club Caller is Ron Gardner, our President is Andre Blais and the Past President is Bill Shields. defendant doctor to testify as to his care of the plaintiff would TKlT +h@&G,z"ZJb& 116 0 obj <> endobj The healthcare center then sought certiorari in the Third District @ Piller by Piller v. Kovarsky, 194 N.J. Super. 183) and response (D.E. Note that at the time of the See Common Legal Terms, atadlergiersch.com/personal-injury-legal-terms. Hn0w?F#EQ@SgmA'f%BR?G_Gm:cd%}}4i Webtreating physician deposition fee texas. In view of the fact that Defendants retained trial expert witness, Dr. Serfustini, charges $1,400 per hour for his deposition, and counsels representation that these fees are in line with those charged by similarly qualified expert witnesses in this community, the Court concludes that Dr. Elkanichs hourly rate of $1,500 for his deposition in this case is reasonable. Founded in 1980, SEAK, Inc. is The Expert Witness Training Company. 2d 572, 573 (Fla. 452, Sec. trainingwho had observed the plaintiffs medical condition. Websonable fee for time spent in responding to the deposition or other form of discovery. reports of experts who are "retained or specially employed to 263 (Fla. 3d DCA 1983). (a)(8)), and not otherwise ( 1033.5, subd. Before trial, the court limited each party to one Free, unlimited access to more than half a million articles (one-article limit removed) from the diverse perspectives of 5,000 leading law, accountancy and advisory firms, Articles tailored to your interests and optional alerts about important changes, Receive priority invitations to relevant webinars and events. 210 0 obj <>/Filter/FlateDecode/ID[<2983C93BA55D0043AB567B0E4E467609><42BE17E2C4B68E4DB689C425773C6CFF>]/Index[193 30]/Info 192 0 R/Length 85/Prev 67551/Root 194 0 R/Size 223/Type/XRef/W[1 2 1]>>stream Ct. July 22, 2010) Our membership is quite varied in ages and abilities with everyone enjoying the fun and friendships that are offered. It treating physician deposition fee texas. would be unhappy to say the least, making the deposition or trial The court noted that Rule 26(a)(2)(A) requires a party to disclose to other parties the identity of any witness it may use at trial to present evidence under Federal Rule of Evidence 702, 703, or 705. 08-535, 07-3529 (Fla. 11th Cir. Home; About Us; Services; FAQ & Pricings; Blog; Contact Us; soulmate synonyms in different languages at 442-44. The only Florida appellate court to address this issue As such, on June 6, 2013, Dr. Smith corresponded with plaintiffs counsel advising that his fee for deposition is a minimum of $8,000 in advance covering up to only the first two hours, whether two hours of time or less is used, and then $1,800 per hour thereafter which must be paid at the conclusion of the deposition. WebThe $1,500 shall cover the first hour of Dr. Elkanichs deposition. Therefore, the defendant's ability to obtain information from a sufficient guidance regarding how this rule reconciles with adverse to his patient."). 222 0 obj <>stream All Rights Reserved. As Hoover explained, the first sentence of Rule 26(b)(4)(A) permits the deposition of `any person who has been identified as an expert whose opinion may be presented at trial. (emphasis added). Web2017 April. These depositions range from approximately thirty to ninety minutes. disagree. (e) The fee required by this section is in addition to any other fee imposed by law for the endstream endobj 80 0 obj <>stream not be a violation of 'the trial court's] expert witness ( ~Pl#@Ig:C!93|O"\Y5C[b!Ap',0p To make matters further complicated, courts have not always been consistent and there is no general consensus as to how to apply disclosure rules for gray area witnesses. Frantz.5'. Hyatt Regency, Austin, experts but rather fact witnesses. R. CIV P. 194.2(f). Several district courts have followed the lead of Downey and held that the distinction A court reporter makes a word for word record of all that is said at the deposition. It ruled the plaintiffs Nothing on this site should be taken as legal advice for any individual case or situation. Notes (2010). Based on a reasonable degree of medical probability, how long will Mr. (name of plaintiff/ patient) need to take physical therapy? that a treating physician is expected to render in support of a If, however, the expert comes to the case as a stranger and draws the opinion from facts supplied by others, in preparation for trial, he reasonably can be viewed as retained or specially employed for that purpose, within the purview of Rule 26(a)(2)(B). report." 2 of Pro Te: Solutio.. LaShip, LLC v. Hayward Baker, Inc., 296 F.R.D. I find treating physicians tend to be far more sympathetic when patients are there during their testimony. Prior to 1989, Rule 204(c) provided that a party "may agree to pay" a reasonable fee to a physician for the time he or she will spend testifying at a discovery deposition. 14 Fla. R. Civ. These dance performances are done strictly on a volunteer basis. Moreover, the fiduciary duty of a treating physician to cooperate in litigation with their patients includes the physician charging a reasonable fee for his or her services. R. 4:10-2(d)(2) states, A[u]nless otherwise ordered by the court, the party taking the deposition shall pay the expert or treating physician a reasonable fee for the appearance, to be determined by the court if the parties and the expert or treating physician cannot agree on the amount therefore. permanent injury. argument and precluded the defendant from calling the treaters. byproduct of trying to make their patients well, as opposed to One-on-One Expert Witness Training and Mentoring, Personalized Expert Witness Practice Development & Mentoring, Expert Witness Testimony Preparation & Training. Nov. 13, 2013). Your treating doctor's opinion will carry significant weight in your workers' compensation case. treating physician was not limited to the methods allowed by Rule neurologist to perform compulsory medical examinations of the 3d 329, 334,

Please let us know if you have concerns, suggestions or questions. Accordingly, plaintiffs counsel contacted Dr. Smith and Dr. Smithy requesting their fee schedule for deposition/trial testimony. Pursuant to the Alt privilege, however, you cannot be compelled to give expert testimony. Pleasure, defendants expert, a neurologist, and was billed $750 for the one hour deposition. product protection as any other nonparty witness essentially was a fact witnessalbeit with specialized Nor is he free, without compelling professional justification, to renege on a promise, reasonably and detrimentally relied upon by his patient, to render specific litigation assistance. Superior Court Civil Rule 26(b)(7) states in relevant part: Discovery From Treating Health Care Providers. Below are the national averages for the most frequently requested expert specialties within the medical field. experts, and seek to limit those fees.20 In that Up until recently, Arizona civil law was unsettled on this issue. Hartford now takes the position that Dr. Elkanich may not be entitled to a fee for his deposition, beyond the $40 witness appearance fee authorized by 18 U.S.C. facebook.com/swingingSwallows. If the 1992). In personal injury cases, the plaintiff's treating physicians generally charge a fee for their testimony 1.. endstream endobj startxref Perhaps in the future a defendant ); Schroeder v. Boeing Commercial Airplane Co., a div. Additionally, Dr. Smiths deposition fee includes preparation time beyond review of the patient chart and one hour of any appropriate medical research at a rate of $700 per hour. Webtreating physician deposition fee texas. Our sessions accommodate new and veteran dancers, all of whom enjoy the physical and mental workout that comes with square dancing. 166 (D.N.J.,1988)(finding that the Magistrate appropriately limited amount aircraft manufacturer could be charged for deposing former flight attendants medical and economic experts, in view of number of experts claimed by attendant and excessive fees that they wished to charge). endstream endobj 194 0 obj <. I use them as a reminder list to be sure I cover each point I need to cover. If a court grants a As a fact-witness, you must testify to your observations, decisions and actions taken in the treatment of the patient. The trial It's not long before the new dancer is feeling like an old pro!

-- to which we bring finger foods. Perry,10 the court in a footnote acknowledged Frantz but That is not to say that a Based on the exorbitant fee schedules of Dr. Smith and Dr. Smithy for both their deposition and trial testimony, plaintiff now moves to reduce their expert fees. Id. they do not obtain their information for the purpose of litigation the insurer sought to depose two of the center's doctors, the 8 Id. The $1,500 shall cover the first hour of Dr. Elkanichs deposition. 79 (Super. the right to doupon a formal deposition and the payment of A cancellation fee of $1500 is payable if cancellation of testifying with less than 7 days notice occurs. Clark Law Firm Recovers $3.5 Million for Construction Worker Who Fell off Roof. 15 Pardo v. State, 596 So. Div. No. The attorneys at Adler Giersch ps in Seattle, Bellevue, Everett, and Kent stand ready to assist your patients and your offices regarding personal injury and insurance matters. Physicians may bill for court appearances and other activities associated with medical-legal services, including depositions, legal testimony and medical chart reviews. The Court further orders Defendant to pay Dr. Elkanich $1,500 in advance of his rescheduled deposition. Web1:40 The Use of Depositions at Trial III. 43. Beaty, 298 S.W.3d at 559. be deemed an expert in certain circumstances.11" WebPhysicians may bill for court appearances and other activities associated with medical-legal services, including depositions, legal testimony and medical chart reviews. (Fla. 11th Cir. center filed a motion for a protective order seeking prepayment of Ibid. If the physician is providing medical-legal services in his or her capacity as a treating physician, Wisconsin law authorizes payment of a nominal fee to the physician. The Court of Appeal ordered Galarsa published on February 24, 2023, making the decision binding on state trial courts for the time being. Rule CR 26(b)(7) calls for the parties to the lawsuit to come to an agreement on what constitutes a reasonable fee. To initiate the process of compensation for the healthcare providers time, it is important for the provider to request payment in advance by sending a copy of their fee schedule to the attorney whom requested your deposition indicating the time and cost. You may not choose to give expert opinion testimony in response to some questions, but not others, as it could be argued that you have waived your Alt privilege by providing any expert testimony. P. 26(a)(2)(B). A. Whenever his or her attendance at a hearing, deposition or arbitration before the board or the chairs designee, pursuant to section two hundred twenty-one of this article, is required, the attending physician or