Medical Expert Testimony*

Abstract

The debate swirling around medical negligence litigation continues. The medical profession, consumer and patient advocacy groups, think tanks, the insurance industry, and the trial bar all continue to provide diverse opinions on this issue. The notion that professional liability lawsuits have created a so-called crisis has been around for decades1. Throughout that time, many people have addressed the association between medical malpractice litigation and various undesirable sequelae. The high cost of insurance alone can have devastating consequences, but there are other ramifications. Some insurance companies have decided simply to stop offering policies in certain jurisdictions where medical malpractice plaintiffs have had success2. Companies have also been selective in their decision as to which specialties will be offered coverage. In addition, certain specialties deemed to be high risk bear the burden of increased premiums3,4. The unavailability of coverage and the high cost of premiums have been blamed for shortages of physician care in certain areas with high rates of litigation5,6. It has been argued that this situation drives physicians away from areas where postgraduate training was completed, leading to a so-called brain drain in some metropolitan areas7,8. Others have observed that physicians with established practices have fled certain areas for reasons wholly related to professional liability9. Because of concerns regarding lawsuits, some believe that candor between the physician and the patient has been hindered. There is fear that absolute transparency can and will promote the incidence of litigation10. Leaving aside ethical considerations, most agree that the inhibition of candor will have an ongoing and deleterious effect on patient safety11,12. Under the current medicolegal system, some believe that physician conduct is subjected to unfair and inconsistent analysis. The …