Expert witness testimony guidelines: identifying areas for improvement.
Expert witnesses play an invaluable, if controversial, role by deciphering medical events for juries in cases of alleged negligence. We review expert witness guidelines among major surgical societies and identify gaps within these standards, as our hope is that this spurs discussion addressing areas for improvement. Of 8 surgical societies with accessible guidelines, none included specific compensation guidelines or limits, detailed reporting mechanisms regarding unethical behavior by legal professionals, or addressed the appropriateness of testifying frequently and exclusively for one side. Several processes possibly deterring grossly inaccurate testimony have been adopted by other surgical societies and should potentially be addressed by the American Academy of Otolaryngology-Head and Neck Surgery. These include offering an expert witness testimony certification path, strengthening the formalized grievance process, and encouraging members to sign an affirmation statement.
Department of Otolaryngology-Head and Neck Surgery, Wayne State University School of Medicine, Detroit, Michigan, USA psvider@gmail.com.
Peter F
PF
Svider
Department of Otolaryngology-Head and Neck Surgery, Rutgers New Jersey Medical School, Newark, New Jersey, USA Department of Neurological Surgery, Rutgers New Jersey Medical School, Newark, New Jersey, USA Center for Skull Base and Pituitary Surgery, Neurological Institute of New Jersey, Rutgers New Jersey Medical School, Newark, New Jersey, USA.
Jean Anderson
JA
Eloy
Department of Otolaryngology-Head and Neck Surgery, Rutgers New Jersey Medical School, Newark, New Jersey, USA Center for Skull Base and Pituitary Surgery, Neurological Institute of New Jersey, Rutgers New Jersey Medical School, Newark, New Jersey, USA.
Soly
S
Baredes
Rhinology Section, North Shore University Hospital, Manhasset, New York, USA Department of Otolaryngology, New York University School of Medicine, New York, New York, USA.
Michael
M
Setzen
Department of Otolaryngology-Head and Neck Surgery, Wayne State University School of Medicine, Detroit, Michigan, USA Department of Neurosurgery, Wayne State University School of Medicine, Detroit, Michigan, USA.
Adam J
AJ
Folbe
D006801:Humans; D005104:Expert Testimony / Q000941:ethics; D008318:Malpractice / Q000331:legislation & jurisprudence; D010036:Otolaryngology / Q000941:ethics; D012955:Societies, Medical; D014481:United States; D017408:Guidelines as Topic
ethics; expert witness testimony; malpractice litigation; medical malpractice; negligence