 |
Medical
Malpractice
Free Consultations - Call (800) 709-1123 Today! |
|
Doctor's Testimony Under Scrutiny
Feeling under siege by medical malpractice lawsuits,
medical societies are setting up tribunals to review the testimony of doctors who act as
expert witnesses in such lawsuits. Doctors whose testimony does not pass muster can be
suspended or expelled from the societies.
Lawyers who represent plaintiffs in medical malpractice
cases say such reviews and the threat of sanctions are meant to intimidate witnesses. They
say the mere existence of the grievance procedures has made it harder to find experts,
whose testimony is crucial in most malpractice cases. The idea for the grievance
procedures seems to have started with the American Association of Neurological Surgeons,
which has prevailed in three court battles over their legality.
"Not only does this appear to be a form of
intimidation of witnesses that violates the Federal Civil Rights Act, but this is a sort
of restraint of trade that could also be an antitrust violation," said Robert Peck,
the president of the ATLA Affiliated Center for Constitutional Litigation, which often
represents the American Trial Lawyers Association. "It's extremely widespread,"
Mr. Peck said. "It leads us to believe that many doctors are afraid to come forward,
because they fear retaliation." (Source -
Adam Liptak, The New York Times, 07/06/2003)
Free Consultations
You may contact us by telephone toll free at (800) 709-1123
Use our online consultation form or by e-mail.
You may need personal injury lawyers
to protect your rights! Where a more serious and/or permanent
injury has been sustained, an individual who does not have the
training and experience in personal injury law, is not on an even
playing field with the claims representative and/or defense
attorneys. Claim reps have specialized training, experience, and are
closely supervised to operate within strict insurance company
guidelines. Nonetheless, insurance adjusters many times will go to
great lengths to keep an injured accident victim from hiring a
personal injury lawyer to represent them.
Their insurance
company is motivated to do only one thing,
settle your claim as cheaply as possible.
|
