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Americans pay for unethical medical expert witnesses
With medical liability insurance premiums skyrocketing, the role of a physician expert witness and how they can
contribute to increasing malpractice costs is certainly controversial. Love them or hate them, expert witnesses are a
necessary component of the United States' legal system. Untruthful testimony, however, can punish good doctors and push the
medical community's overall medical liability insurance premiums up, which forces many physicians to modify their practice
and pass costs on to their patients, according to a panel held today at the American Society of Plastic Surgeons (ASPS)
Plastic Surgery 2004 conference in Philadelphia.
"No doubt there are people who have had surgery, and malpractice has been committed," said Paul Weiss, MD, former chair of
the ASPS Task Force on Expert Witness Testimony and panel participant. "ASPS believes those patients deserve to be protected
and have their day in court. However, we also believe that physicians who offer untruthful and misleading testimony that does
not match the industry's standard of care to support a malpractice case should be culled out of the system for everyone's
benefit."
In response to this growing dilemma, ASPS created a document that calls for an expert witness to affirm, among other things,
that the witness has relevant expertise to the procedure in question and will provide truthful and impartial testimony based
on the standard of care in the community. ASPS encourages members to sign this document before testifying and present it to
the attorney representing the party for whom they intend to testify. Witnesses who have signed the affirmation can use it to
bolster their qualifications on direct examination. Conversely, witnesses who choose not to sign it can be cross-examined
about their failure to do so.
While some medical expert witnesses are purposefully deceitful, many simply do not have the in-depth and wide knowledge base
to appropriately comment on the procedure in the suit. First, plastic surgeons should not testify that a fellow surgeon's
conduct was outside acceptable standards simply because the plastic surgeon experienced a result the testifying physician had
never experienced. Second, ASPS members serving as an expert witness should demonstrate a causal relationship between an
alleged substandard outcome and the conduct of the defending physician. Third, members should not testify that a
less-than-desirable outcome is malpractice, when in fact the outcome is identified as acceptable in clinical literature.
"Untruthful and uninformed testimony hurts everyone - from the medical professional on trial to patients across the country.
Expensive trial costs and over-the-top awards, perpetuated by false or misleading testimony, force liability insurance
premiums to rise," said Phillip Haeck, MD, former chair of the ASPS Judicial Committee and panel moderator. "In the end,
physicians are moving their practices to other states, changing their practices so they don't take higher risk cases or
passing on the costs directly to their patients. Ultimately, it limits Americans' access to quality healthcare. It's a no-win
situation for everyone."
For referrals to plastic surgeons certified by The American Board of Plastic Surgery and to learn more about reconstructive
and cosmetic plastic surgery, call the ASPS at 888-4-PLASTIC (888-475-2784) or visit http:// www.plasticsurgery.org.
ASPS is the largest organization of board-certified plastic surgeons in the world and the foremost authority on cosmetic and
reconstructive plastic surgery. With nearly 5,000 members, more than any other plastic surgery organization, ASPS is the
definitive voice of the plastic surgery specialty. Viewed throughout the world as the pinnacle of information for new
techniques, advances and plastic surgery trends, the society represents 94 percent of all the board-certified plastic
surgeons in the U.S. Ninety-four percent of all ASPS members perform cosmetic plastic surgery and 89 percent of all ASPS
members perform reconstructive plastic surgery. ASPS, founded in 1931, represents physicians certified by The American Board
of Plastic Surgery or The Royal College of Physicians and Surgeons of Canada.
Note: "The Battle of the Experts: To Be or Not to Be an Expert Witness" panel is being held, Tuesday, Oct. 12, 1:30 p.m. -
2:30 p.m., Pennsylvania Convention Center, Philadelphia. Reporters can register to attend Plastic Surgery 2004 and arrange
interviews with presenters by logging on tohttp://
www.plasticsurgery.org/news_room/Annual-Meeting-Media-Information.cfm or by contacting ASPS Public Relations at
847-228-9900 or in Philadelphia, October 9-13 at 215-418-5310.
Contact: Brian Hugins
media@plasticsurgery.org
847-228-9900
American Society of Plastic Surgeons
Americanii plãtesc pentru imorale medical expert martori - Americans pay for unethical medical expert witnesses - articole medicale engleza - startsanatate