North Carolina judge reverses doctor discipline license case

A neurosurgeon said his victory over a medical board means doctors should not worry about giving expert witness testimony.

By Damon Adams, AMNews staff. June 2/9, 2003.

A judge has ruled that the North Carolina Medical Board cannot strip Gary Lustgarten, MD, of his state medical license over expert witness testimony he gave in a medical malpractice case.

Wake County (N.C.) Superior Court Judge Donald W. Stephens reversed most of the board's grounds for disciplining Dr. Lustgarten, a neurosurgeon. He agreed with one of the board's findings and sent that issue back to the board for a hearing on possible discipline for the doctor.

But trial attorney groups said the ruling should give peace of mind nationwide to doctors who fear that expert testimony they provide could be subject to disciplinary action. They said boards might be more cautious about trying to discipline a doctor over expert testimony.

"Physicians should worry less about the testimony they give that is truthful or that is their opinion," said Stella Boswell, legal affairs counsel for the North Carolina Academy of Trial Lawyers.

Dr. Lustgarten agreed, saying he felt vindicated. "Both plaintiffs and the defense will continue to have access to experts without fear of having censorship brought upon them by the board of North Carolina," said Dr. Lustgarten, who practices in North Miami Beach, Fla.

The judge affirmed one of the board's findings, saying Dr. Lustgarten's testimony that a doctor in the case had falsified medical records was not protected opinion. By judge's order, the board will now conduct a disciplinary hearing on that aspect of Dr. Lustgarten's testimony.