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The role of physicians as expert witnesses, particularly in medical malpractice cases, has caused some professional medical societies to set ethical guidelines for providing testimony.
Over the last 2 years, the American College of Obstetricians and Gynecologists has developed "affirmation" and "qualifications" documents that spell out the responsibilities of expert witnesses.
"We are experiencing a crisis in affordability and accessibility of malpractice insurance," said Dr. Larry Veltman, chairman of ACOG's professional liability committee. "The whole medicolegal environment, especially for ob.gyns. is difficult."
The two documents are aimed at ensuring the honesty of expert witnesses, said Dr. Veltman, chairman of the department of ob.gyn. at Providence St. Vincent Medical Center, Portland, Ore.
The affirmation document shows that the member has pledged to provide honest, complete, and impartial expert witness testimony. It says that
the expert will subject his or her testimony to peer review if requested and will not accept compensation that is contingent upon the outcome of the lawsuit.
If an expert refuses to sign the affirmation, it is a red flag, he said, and the testimony given will appear suspect to the jury.
Source: HighBeam Research, Expert medical witnesses: medical community targets false...