Michigan neurosurgeon sues specialty society over suspension

A Michigan physician says the American Assn. of Neurological Surgeons punished him for testifying in a malpractice suit; the society says he gave improper testimony.

By Tanya Albert, AMNews staff. Feb. 12, 2001.

A Detroit neurosurgeon is suing his specialty society, claiming it unfairly suspended him for testifying for a plaintiff -- and against a fellow association member -- in a malpractice lawsuit.

But the American Assn. of Neurological Surgeons says the six-month suspension had nothing to do with the fact that the doctor testified for the plaintiff. The suspension came after an AANS hearing showed that the doctor had provided "unprofessional testimony" at the trial because it did not have a "convincing basis in either literature or logic."

Over the past 15 years AANS has reviewed about 50 members for possible misconduct while giving expert witness testimony, according to an American Medical Association report. But it's rare that disciplinary action has been challenged in court. And both sides in this lawsuit say they want to keep the judicial process fair and honest.

Donald C. Austin, MD, said his professional organization is trying to punish him for testifying against a colleague and use him as an example to keep other doctors from testifying for plaintiffs and against doctors.

The threat of suspension from a professional organization "is a serious deterrent for doctors to testify against other doctors," said Dr. Austin's attorney Henry C. Krasnow, partner with Krasnow Sanberg Cornblath & Hobbs in Chicago.

The AASN said its policies are in place to make sure jurors hear credible testimony on popular as well as minority views. "The AANS encourages members to testify on both sides of the issue," said AANS General Counsel Russell M. Pelton, with Ross & Hardies in Chicago. [...]