Physician loses license over expert testimony

A lawyer worries increased scrutiny from medical boards may deter other doctors from being expert witnesses.

By Damon Adams, AMNews staff. Aug. 19, 2002.

A state medical board's decision to revoke a neurosurgeon's license over expert witness testimony has renewed concerns about what doctors say when they take the stand in that role.

The North Carolina Medical Board in July revoked the license of Gary Lustgarten, MD, a Florida neurosurgeon who testified for a plaintiff in a medical malpractice case in North Carolina. The board found that Dr. Lustgarten engaged in unprofessional conduct by misstating facts and the appropriate standard of care in North Carolina. Dr. Lustgarten said he did nothing wrong.

Some attorneys and doctors said the North Carolina board's action may signal a stepped up interest in expert witness testimony by medical boards. And a North Carolina attorney said the board's move may keep physicians from testifying.

"If I was a doctor and somebody called me up to be an expert witness, I'd say, 'I'm sorry. I'm busy,' " said Clifford Britt, a trial attorney in North Carolina who mostly handles medical malpractice cases. "I don't know why anyone would risk losing their license over a medical board disagreeing with his medical opinion."

The Federation of State Medical Boards is unaware whether other state boards have revoked a license over a doctor's expert testimony. That would be hard to determine because such decisions could fall under a broader category of unprofessional conduct, the FSMB said.

However, it is clear that state medical boards are keeping a closer watch on physician testimony. During the FSMB meeting in April, members of some boards said they would take action against physicians who gave false testimony as medical experts. [...]