Push Back Against Expert Witness Intimidation - Laurence M. Deutsch Law Firm, P.C.

"Push Back" Against Expert Witness Intimidation

I wanted to let our friends in the medical expert community know about services we provide to medical expert witnesses.

            As you know, the major medical associations do not like medical malpractice suits. Having failed to eliminate all malpractice suits through “tort reform” legislation, the associations have taken matters into their own hands.

            Today, most medical associations establish “expert witness guidelines” to define what they will view as acceptable expert witness testimony. The associations encourage members to file “complaints” against their colleagues for allegedly non-compliant expert testimony, and have established their own quasi-judicial proceedings to “investigate” complaints about expert testimony.

            Associations justify their expert witness “programs” as serving the interests of “objective” testimony.   The goal of objective testimony is certainly laudable.
But many believe that, in practice, these guidelines are often applied in a one-sided manner: to scrutinize testimony given for Plaintiffs, though almost never applied to witnesses for the Defense.

            Historically, the Courts have greatly deferred to the medical associations: allowing them to enforce “private” guidelines in almost any manner they see fit.   But I’m pleased to report on trends in the law that appear to give physician experts more effective means to defend against improper action by a medical association.

            Recent cases reject arguments by medical associations that “peer review immunity” shields them from liability if they improperly seek to intimidate experts.

            And, there have been successful suits by expert witnesses against colleagues damaging their professional reputation, by making a baseless claim of “improper” expert testimony to their medical association.

            Given recent developments in the law, we believe that a properly informed expert witness now has a greater ability to insist upon fair proceedings before their medical association, and better ability to protect their reputation from vindictive charges of “improper” testimony.

            If you or a colleague have a question about “expert witness guidelines,” damage to professional reputation, or unfair treatment by your medical association, please feel free to call.   We may be able to provide you with useful counsel.

            Thank you. As a physician expert providing truthful testimony in medical cases, you are serving the highest ethical goals of your profession.   See AMA Ethics Rules E-9.07): “[A]s citizens and professionals, physicians have an ethical obligation to assist in the administration of justice.”

Laurence M. Deutsch Law Firm, P.C.

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