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January 25, 1908


JAMA. 1908;L(4):283-284. doi:10.1001/jama.1908.02530300035006

The question of the right of the physician to receive extra compensation for his services as an expert witness has been the subject of much discussion, and it is said that the cases in this country are nearly balanced and the question must be regarded as still an open one. The Kansas City Court of Appeals,1 while admitting that there is strong argument to support either view, has decided that the physician is not entitled to receive extra compensation for acting as an expert witness, nor can he make a valid contract to receive extra pay for being a witness as to those matters to which, as the court holds, the law and his duty as a citizen alike require him to testify. While strong arguments may be advanced to show that the court takes a wrong view of the case, it remains true that this decision shows that