The Pitfalls of Rendering an Expert Opinion in Breast Malpractice Cases by Reviewing a CD-ROM

Abstract

In medical malpractice cases, expert witnesses are called upon to assist trial courts in determining whether a defendant has departed from the accepted standard of care of what a reasonable and prudent physician would do under similar circumstances [ 1 Restatement (second) of torts, § 323(a), 283. Google Scholar ]. Although it is an adverse outcome that often triggers a lawsuit for negligence—which is the actual tort or civil law under which most medical malpractice cases are reviewed—it is the conduct of the defendant, not the outcome, that is the determining factor regarding guilt or innocence. Expert witness testimony is admissible to assist the trier of fact (judge or jury) in resolving the issue [ 2 Wigmore J.H. Evidence in trials at common law. Little, Brown, Boston1976 Google Scholar ]. The rationale and evolution of the role for expert witnesses have been reviewed previously in JACR [ 3 Brenner R.J. The expert witness: understanding the rationale. J Am Coll Radiol. 2007; 4: 612-616 Abstract Full Text Full Text PDF PubMed Scopus (4) Google Scholar ].