Bal B Sonny
Department of Orthopaedic Surgery, University of Missouri-Columbia, MC213, DC053.00, One Hospital Drive, Columbia, MO 65212, USA.
Clin Orthop Relat Res. 2009 Feb;467(2):383-91. doi: 10.1007/s11999-008-0634-4. Epub 2008 Dec 4.
Physicians may find serving as an expert witness to be interesting, intellectually stimulating, and financially beneficial. However, potential expert witnesses should be aware of the increased legal scrutiny being applied to expert witness testimony in medical malpractice litigation. In the past, expert witnesses received absolute immunity from civil litigation regarding their testimony. This is no longer the case. Expert witnesses may be subject to disciplinary sanctions from professional organizations and state medical boards. In addition, emerging case law is defining the legal duty owed by the expert witness to the litigating parties. Orthopaedic surgeons who serve as expert witnesses should be familiar with the relevant Standards of Professionalism issued by the American Academy of Orthopaedic Surgeons.
医生可能会发现担任专家证人既有趣、能激发智力,又有经济收益。然而,潜在的专家证人应该意识到,在医疗事故诉讼中,专家证人的证词正受到越来越多的法律审查。过去,专家证人因其证词在民事诉讼中享有绝对豁免权。现在情况已不再如此。专家证人可能会受到专业组织和州医学委员会的纪律处分。此外,新出现的判例法正在界定专家证人对诉讼当事人应承担的法律责任。担任专家证人的骨科医生应该熟悉美国骨科医师学会发布的相关专业标准。