Guidelines for Expert Witness Testimony in Medical Malpractice Litigation

PEDIATRICS ◽  
2002 ◽  
Vol 109 (5) ◽  
pp. 974-979
Author(s):  

The interests of the public and the medical profession are best served when scientifically sound and unbiased expert witness testimony is readily available to plaintiffs and defendants in medical negligence suits. As members of the physician community, as patient advocates, and as private citizens, pediatricians have ethical and professional obligations to assist in the administration of justice, particularly in matters concerning potential medical malpractice. The American Academy of Pediatrics believes that the adoption of the recommendations outlined in this statement will improve the quality of medical expert witness testimony in such proceedings and thereby increase the probability of achieving equitable outcomes. Strategies to enforce ethical guidelines should be monitored for efficacy before offering policy recommendations on disciplining physicians for providing biased, false, or unscientific medical expert witness testimony.

2019 ◽  
Vol 156 ◽  
pp. S3-S6
Author(s):  
C. Trésallet ◽  
J.L. Cardin ◽  
J. Belghiti ◽  
A. Cortes ◽  
E. Martinod

JAMA ◽  
2008 ◽  
Vol 299 (14) ◽  
pp. 1667 ◽  
Author(s):  
Dan Larriviere

PEDIATRICS ◽  
1982 ◽  
Vol 70 (5) ◽  
pp. 754-762 ◽  
Author(s):  
Robert L. Brent

Many forces have created the epidemic of negligence and malpractice litigation. One of the contributing factors to the rising rate of nonmeritorious litigation is the increasing number of unqualified and irresponsible expert witnesses. The high remuneration has attracted physican-scientists who are unaware of the proper role of an expert witness. They are frequently manipulated by the attorneys and function as partisans rather than scholars. The role of the expert witness should be taught in medical and graduate school. Testimony should be treated as a scholarly endeavor and experts should be encouraged to seek peer review of their opinions and not to testify secretly and in isolation. It is suggested that greater visibility of experts and their testimony (light of day phenomenon) should raise the quality of expert witness testimony and encourage more qualified experts to participate as expert witnesses, thus removing the stigmata usually associated with unqualified expert witnesses.


Author(s):  
Richard L. Engstrom ◽  
Daniel McCool ◽  
Jorge Chapa ◽  
Gerald R. Webster

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