U.S. Supreme Court denies appeal of physician discipline case

The Assn. of Neurological Surgeons is allowed to suspend members over expert testimony.

By Damon Adams, AMNews staff. Feb. 4, 2002.

The U.S. Supreme Court let stand a court of appeals ruling that said a professional society can discipline a member concerning courtroom testimony.

The 7th U.S. Circuit Court of Appeals last June said the American Assn. of Neurological Surgeons was permitted to suspend Detroit neurosurgeon Donald C. Austin, MD, after a hearing showed that he gave improper testimony as an expert witness at a medical malpractice trial. The Supreme Court in January denied Dr. Austin's request to hear the case.

Leaving the lower court's ruling in place is a victory for medical associations, said Russell Pelton, AANS general counsel. "It reaffirms the right and responsibility of a professional association to discipline members who testify unprofessionally in medical malpractice litigation," he said.

The AMA, American College of Surgeons and Illinois State Medical Society had filed a brief supporting the Illinois-based medical society's actions in the case.

Henry C. Krasnow, Dr. Austin's attorney, said the case's outcome may prompt other medical associations to take action. "I fear it will be a widespread practice," said Krasnow, of Krasnow Sanberg Cornblath & Hobbs.

Dr. Austin sued the AANS, saying it wrongly suspended him for testifying for the plaintiff and against a fellow AANS member in a malpractice lawsuit. The AANS said the six-month suspension came after a hearing showed that Dr. Austin gave "unprofessional testimony" at the trial. [...]