Correspondence
Unpaid Expert Witnesses
N Engl J Med 1997; 337:1477-1478November 13, 1997
- Article
To the Editor:
Some physicians in the United States generate substantial incomes by testifying as expert witnesses in malpractice cases — frequently against other physicians. They hawk their wares in legal journals, offering their services to either side of any case. Conversations with knowledgeable lawyers suggest that these “expert” witnesses will, for a fee, testify to whatever the lawyer requests.
My own response is to offer my services free of charge on any case in my field (cardiology). On request, I review the records and provide an objective review of the facts. If there has been medical negligence I advise counsel to settle; if the claim has no merit I testify on behalf of the defense. In the past four years I have reviewed over a dozen cases. In several, the physicians were clearly at fault, and the cases were settled quickly at a saving of tens of thousands of dollars in legal fees and court costs. In the others, I found the opinions of hired “expert” witnesses often flagrantly wrong, so far outside the limits of scientific fact and reason that the term “scientific perjury” came to mind. Electrocardiograms and exercise-treadmill tests found normal by panels of experts were declared abnormal by paid witnesses. Physicians were declared negligent for not carrying out surgical procedures that could not possibly have been beneficial and might well have injured the patient. On the other hand, grossly negligent medical performance was rationalized with a bewildering variety of technical terms calculated to impress and confuse a jury.
National panels of acknowledged experts in each discipline should make themselves available at no charge (expenses only) as objective expert witnesses. This could be done under the aegis of professional societies or under some new specific authority. The time involved in such review need not be prohibitive. Conferences and depositions can be kept to a minimum, and many cases would be settled reasonably and quickly. A thousand experts in each specialty could probably meet national requirements.
Brendan Phibbs, M.D.
Padre Kino Community Hospital, Tucson, AZ 85713- Citing Articles (2)
