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Warning Shots for Hired Guns

We finally have some good news to share about expert medical testimony. The U. S. Supreme Court recently weighed in on the side of the good guys and gave us the opportunity to shoot back at the hired guns. Also, the AMA considers medical testimony to be part of the practice of medicine and, as such, subject to peer review. The AMA has declared its intolerance for false testimony from doctors, and supports efforts to make physicians accountable for what they say in a courtroom. It will also assist medical societies in disciplining physicians who testify untruthfully.

According to documents posted on the AMA's AMNews Web site, the American Association of Neurological Surgeons suspended at least two members for giving "unprofessional testimony" at trial. One disciplined surgeon sued the society for the suspension, but the U.S. District Court ruled it did not have the power to interfere with the operations of a private association. The surgeon appealed to the Seventh Circuit U.S. Court of Appeals in Chicago.

The Circuit Court agreed with the society and said it could discipline its members for improper testimony. It wrote, "It is well known that expert witnesses are often paid handsome fees, and common sense suggests that a financial stake can influence an expert's testimony."

The surgeon appealed that ruling to the U. S. Supreme Court, which declined to hear the case, letting the ruling of the Court of Appeals stand. This is outstanding news for those concerned about improper expert testimony.

Pick up the Phone or Send an E-Mail

The next step is ensuring that our state and specialty societies are on board. One example of a proactive society is the Florida Medical Association, which investigates complaints of false testimony and forwards an opinion to the Board of Medicine for action.

You can review my sources and read the rest of the story by doing a search for "expert witness" at http://www.ama-assn.org/public/journals/amnews/. Then, if you agree, you might contact your societies and see if they are prepared to handle similar complaints.

Remember, disciplinary actions must be reported on most applications for staff privileges, insurance panels, and liability insurance. Perhaps dangling this sword over the heads of the hired guns will cause them to think twice before spouting nonsense.