High standard needed for expert witnesses

The AMA will develop voluntary affirmations of its principles that those who testify could sign and will identify standards for response to false testimony.

Editorial. July 12, 2004.

Medical expert witnesses represent both what's broken and what still works in a medical liability system at the crisis point. Unethical expert witnesses can do much to ensure an unjust verdict, while honest testimony can help uncover true fault or vindicate the innocent.

In the way the system is supposed to work, physicians bring to the courtroom a knowledge of medicine that no one else can provide. For that reason, doctors have a professional obligation to lend their expertise to the courts. Without physician participation, medical cases could not be tried effectively, and the result would be an even worse liability climate.

But for the legal system to function properly, medical witnesses -- either for the plaintiff or the defense -- must hold themselves to the highest ethical standards. Among these are accuracy, honesty and objectivity.

Organized medicine understands this reality, and many medical societies, including the American Medical Association, have established guidelines for expert witnesses. Indeed, at its Annual Meeting last month, the AMA passed a Council on Ethical and Judicial Affairs report that provides greater guidance to physicians testifying in legal proceedings. This valuable document builds on the AMA's already strong policy and on the efforts of other medical societies.

But sadly, not all physicians will hold themselves to these principles. That's why organized medicine has a critical, active role to play in ensuring that expert testimony is honest. Many medical groups have embraced this duty.