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Medical experts compete to testify for malpractice plaintiffs.
B D Hirsh1, J Dunn, D P Wilcox
1Emergency Services, Brownwood Regional Hospital, TX.
Texas Medicine
|May 1, 1990
Summary
Physicians acting as paid expert witnesses in malpractice lawsuits are increasingly common. This trend, driven by various factors, alters the landscape of medical malpractice litigation.
Area of Science:
- Medical Law
- Legal Medicine
- Medical Ethics
Background:
- Physicians increasingly serve as paid expert witnesses and consultants in legal malpractice cases.
- The rise in medical malpractice litigation is often attributed to lawyers, patient expectations, and jury decisions.
- A shift has occurred, with physicians now more willing to testify against their peers.
Purpose of the Study:
- To describe the activities of physicians involved in malpractice litigation as expert witnesses.
- To examine the legal and ethical considerations surrounding medicolegal consultants.
- To discuss the financial aspects, including contingent-fee arrangements.
Main Methods:
- Review of physician activities in malpractice litigation.
- Discussion of illustrative cases.
- Analysis of legal and ethical restrictions on expert witnesses.
- Examination of contingent-fee payment models for consultants.
Main Results:
- Physicians are actively engaged as paid expert witnesses and consultants in malpractice cases.
- Legal and ethical guidelines exist but are sometimes challenged.
- Physicians' reluctance to testify against colleagues has diminished significantly.
Conclusions:
- Physician participation as paid experts has intensified medical malpractice litigation.
- Understanding the roles, restrictions, and financial incentives is crucial.
- The evolving willingness of physicians to testify impacts the legal and medical fields.