Thursday, March 17, 2011

Frank Lucido MD: Medical-Legal Consulting Services and Fees

Frank Lucido MD: Lucido Medical-Legal Consulting Services and Fees
for physician, attorneys, patients
March 2011

Safe and Appropriate Recommendations For Safe and Effective Medicine

Dr. Frank Lucido, M.D. is nationally known as a medical cannabis clinical specialist of high standards, who has been constructively critical of low-standard practices. Also, widely known to be a thorough, caring, and trusted physician, Dr. Lucido takes the time and effort to establish that the patient is appropriate in their use of medical cannabis, and has defensible medical records demonstrating it.

Lucido Medical-Legal Consulting provides the following services for medical cannabis-recommending physicians, their attorneys, and patients.


Preventive Practice Standards Review and Consultation On Practice Standards
• Preventive or “Pre-event” Consultation; i.e., for doctors who do not have a pending or anticipated case or action by the MBC.

• For existing medical cannabis practices, and for the physician who wishes to add Medical Cannabis Consultation to his/her practice.

$3,250.00 fee includes:
• Reviewing the written questionnaire on Medical cannabis practice standards

• Follow-up in-person or phone interview with the physician and/or his/her attorney

• Confidential written recommended plan for improvement.

“Post-Event” Consultations
(For example: After a Medical Board investigation has begun, or after the MBC has initiated action against the physician.)

$6,500.00 fee includes:
• Practice Standards Review and Consultation (similar to above)

• Review of Med Board complaint and any actions or proposed actions

• Availability to the doctor’s attorney for assessment of strengths and weaknesses of the physician’s case

• Review of patient records up to five (5) hours maximum, then $650.00 per hour after initial five hours

Additional Services

Lucido Medical-Legal Consulting can provide:
• Reviews of specific patient records for which a physician is being investigated and give confidential opinion to the physician and attorney.

• When doctor has acted appropriately (in the opinion of Lucido Medical-Legal Consulting testimony can be provided at depositions, in court or at Medical Board hearings.

• Deposition testimony: $650.00/hour, minimum two (2) hours if scheduled in the offices of Lucido Medical-Legal Consulting OR minimum five (5) or ten (10) hours, plus travel and expenses, if scheduled elsewhere.

• Trial or hearing testimony: $6,500/day (plus travel and expenses). Half-day rate available if testimony is in the East Bay (Berkeley/Oakland area).

• Non-refundable payment of $3,250 payable at time of scheduling OR at least one (1) week prior to trial or hearing.


Medical Cannabis Evaluations for Patients

• Initial consultation is $250.00, and yearly re-evaluations are $225.00 at this time. (My requirement listed below under “General info”)

Second Opinions for Patients (when legitimacy of use is in question)

• Consultation is $250.00 (My requirement listed below under “General info”)

I schedule 45 minutes for initial evaluation, and 30 minutes for annual re-evaluations. This includes review of records, and relevant history and physical.

Other medical-legal physician services:
The recommendations should stand of it’s own merit under California law, and therefore no patient with a valid recommendation should be bothered by law enforcement for safe and appropriate use of their medication. However, there is still a misguided “drug war” going on. My standards are designed to be the most protective of patients and physician. Although lower standards than mine are “arguable”, the place to argue that is often in a court of law, and can be very expensive.

My practice standards are designed to avoid legal problems. Unfortunately, some physicians have taken my standards and stripped them of their safety, in the name of efficiency, leaving legitimate patients vulnerable to legal harm.

I believe that patients who have fulfilled my requirements prior to their encounter with law enforcement are less likely to have a problem.

Nevertheless, there are times when a patient has an issue with an employer, or law enforcement that can be more easily resolved with an authoritative letter from a credible physician.

Often, an authoritative letter of support (after any needed phone discussion with your attorney prior to writing letter) will resolve many issues, and often avoids court. $200.00

“Post-Event” Consultations for Patients
• Consultation is $250.00 (My requirement listed below under “General info”)

• For patients with serious charges requiring a possible trial:
$6,500.00 fee includes:
• Review of patient records up to five (5) hours maximum, (then $650.00 per hour after initial five hours) plus 1 day’s testimony.
• $3225.00 for my consultation through entire case if no need court testimony needed
• $3225.00 for one days court testimony, due on scheduling court date; refundable if cancelled 1 full week prior

Sliding scale will be considered, depending on financial need, and in cases involving a public defender’s office.

Again, often, an authoritative letter of support (after any needed phone discussion with your attorney prior to writing letter) will resolve many issues, and often avoids court. $250.00

DISCLOSURE of Possible Conflict of Interest:

Practice Standards Review and Consultation, done by Lucido Medical-Legal Consulting, does not guarantee a willingness or ability to give testimony in support of the client’s (doctor) standards or actions. Ability to testify will depend on the honest professional opinion of Dr. Frank Lucido, but included will be a confidential evaluation of areas of weakness and strength in the doctor’s practice standards.

Adherence to the recommended standards does not guarantee that the doctor will be free from action by the MBC. Should Dr. Lucido feel ethically able to take on the role of medical expert, in depositions, court or hearing testimony, etc., charges are additional, as noted.

If Dr. Lucido decides he cannot defend, under oath, the doctor’s actions or practice standards, he will give his honest and confidential opinion in that regard. In that case, he may be available, in some circumstances, to consult with the doctor’s attorney and any other expert witness chosen for that purpose, at the hourly rates noted.

Dr. Lucido is very concerned about limiting the time and attention paid to patients in the interests of economy. This type of abuse has been surfacing in the care of medical cannabis patients. The usefulness of a recommendation from some cannabis clinics not following adequate medical standards is like a “fig leaf” – it gives the appearance of propriety, but doesn’t cover anything.

If Dr. Lucido feels the doctor’s practice standards should be improved, he will include that opinion in his confidential report, along with suggestions for improvement.

All information related to consultation will be kept confidential to the full extent of the law.

General info about my medical cannabis evaluations:

Initial consultation is $250.00, and yearly re-evaluations are $225.00 at this time.

Certrain serious illnesses or symptoms can be an appropriate use for medical cannabis under California Health and Safety Code 11362.5 (California Compassionate Use Act of 1996 or Prop 215), if it is truly helping you.

This law is quite specific in applying to "seriously ill Californians".
I require that you have ongoing care with your physician for your condition, and bring in records from the past 12 months documenting this.
You will also have to have a valid California ID or driver's license,
and you must be 21 years of age. I require anyone under 21 to have written parental consent.
(Any exceptions to these requirements above must be discussed with the doctor before making appointment.)

Call 510-848-0958 for an appointment, and tell my staff it's for a medical
cannabis evaluation.

I believe that my practice standards are among the best and most protective of any physician's.
They are published at:
and have been acknowledged favorably by the Medical Board of California:
(See: )

I look forward to seeing you!

peace and health,
Frank H. Lucido MD
Family Practice since 1979
Medical Cannabis Consultation
Expert Witness
2300 Durant Avenue
Berkeley Ca 94704
510.848.0958 (by appointment only)
Michigan office: 877-787-6900
(24 hr message line)

PS: NOTE: we don't accept insurance for medical cannabis evaluations.
Also NOTE: A medical cannabis evaluation does not constitute primary care.
It is assumed that you already have a primary care practitioner. If not, I am advising you to obtain one.

PPS: No one may give or obtain a "prescription" for marijuana/cannabis.
Under California's Compassionate Use Act, it may be appropriate for a physician to "recommend" or "approve" cannabis use by a patient. This involves giving a medical opinion as to whether cannabis might be helpful in a specific case. We cannot "prescribe" cannabis in the sense of directing you to use it, nor will we help you to obtain cannabis or direct you to sources of cannabis.


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