Surgery News - January 2008 - (Page 12) SURGERY NEWS • J A N U A RY 2 0 0 8 NEWS FROM THE COLLEGE Statement Issued on Expert Witnesses As a key figure in malpractice litigation, the physician expert witness must be impartial and truthful. The following statement, originally published in June 2000, incorporates revisions recommended by the College’s Central Judiciary Committee. It was approved by the Board of Regents at its June 2007 meeting. hysicians understand that they have an obligation to testify in court as expert witnesses on behalf of the plaintiff or defendant as appropriate. The physician who acts as an expert witness is one of the most important figures in malpractice litigation. In response to the need to define the recommended qualifications for the physician expert witness and the guidelines for his or her behavior, the Patient Safety and Professional Liability Committee of the American College of Surgeons has issued the following statement. The statement is an adaptation of guidelines developed by the Council of Medical Specialty Societies and several other medical groups. Recommended Qualifications for the Physician Who Acts as an Expert Witness The physician expert witness must have had a current, valid, and unrestricted state license to practice medicine at the time of the alleged occurrence. The physician expert witness should have been a diplomate of a specialty board recognized by the American Board of Medical Specialties at the time of the alleged occurrence and should be qualified by experience or demonstrated competence in the subject of the case. The specialty of the physician expert witness should be appropriate to the subject matter in the case. The physician expert witness who provides testimony for a plaintiff or a defendant in a case involving a specific surgical procedure (or procedures) should have held, at the time of the alleged occurrence, privileges to perform those same or similar procedures in a hospital accredited by The Joint Commission or the American Osteopathic Association. The physician expert witness should be familiar with the standard of care provided at the time of the alleged occurrence and should have been actively involved in the clinical practice of the specialty or the subject matter of the case at the time of the alleged occurrence. The physician expert witness should be able to demonstrate evidence of continuing medical education relevant to the specialty or the subject matter of the case. The physician expert witness should be prepared to document the percentage of time that is involved in serving as an expert witness. In addition, the physician expert witness should be willing to disclose the amount of fees or compensation obtained for such activities and the total number of times he or she has testified for the plaintiff or defendant. Recommended Guidelines for Behavior of the Physician Acting as an Expert Witness Physicians have an obligation to testify in court as expert witnesses when appropriate. Physician expert witnesses are expected to be impartial and should not adopt a position as an advocate or partisan in the legal proceedings. The physician expert witness should review all the relevant medical information in the case and testify to its content fairly, honestly, and in a balanced manner. In addition, the physician expert witness may be called upon to draw an inference or an opinion based on the facts of the case. In doing so, the physician expert witness should apply the same standards of fairness and honesty. The physician expert witness should be prepared to distinguish between actual negligence (substandard medical care that results in harm) and an unfortunate medical outcome (recognized complications occurring as a result of medical uncertainty). The physician expert witness should review the standards of practice prevailing at the time and under the circumstances of the alleged occurrence. The physician expert witness should be prepared to state the basis of his or her testimony or opinion and whether it is based on personal experience, specific clinical references, evidence-based guidelines, or a generally accepted opinion in the specialty. The physician expert witness should be prepared to discuss important alternate methods and views. Compensation of the physician expert witness should be reasonable and commensurate with the time and effort given to preparing for deposition and court appearance. It is unethical for a physician expert witness to link compensation to the outcome of a case. The physician expert witness is ethically and legally obligated to tell the truth. Transcripts of depositions and courtroom testimony are public records and subject to independent peer reviews. Moreover, the physician expert witness should willingly provide transcripts and other documents pertaining to the expert testimony to independent peer review if requested by his or her professional organization. The physician expert witness should be aware that failure to provide truthful testimony exposes the physician expert witness to criminal prosecution for perjury, civil suits for negligence, and revocation or suspension of his or her professional license. ■ P he Commission on Cancer (CoC) has announced the opening of the 2008 Call for Abstracts for its Paper Competition. The competition is open to general surgery residents, surgical specialty residents, subspecialty residents, and oncology fellows in the United States. The papers should describe original research in cancer care in one of these areas: basic laboratory research, clinical investigation, or quality of care/health services research. Residents or cancer fellows should submit a three-page abstract to the CoC Office by March 15, 2008. CoC State Chairs will review the submitted abstracts by region and select a first, second, and third place winner by July 15. The first place winner from each of the 14 regions will move on to a national competition. First, sec- Abstracts Requested for Paper Competition T ond, and third place winners of the national competition will be selected and notified by Aug. 15, 2008. First place winning residents and/or fellows of the national competition will receive a $1,000 award and will present their papers at the CoC Annual Meeting on Sunday, Oct. 12, 2008, in San Francisco. Second place winners will be recognized at the annual meeting and will receive a $500 award. This competition has been funded by the CoC and by a memorial gift from Mrs. A. Lee Campione in honor of her late husband, Matthew P. Campione, M.D., FACS. More information is available at the following Web site: www.facs.org/cancer/ cannews.html, or contact the CoC office at 312-202-5183 or cjones@facs.org. ■ Ethical Challenges Examined On New Portal Community e sure to check out the new Ethical Issues in Surgery community on the College’s members-only Web portal, efacs.org. In addition to providing valuable resources related to ethical issues, the new community includes an invited commentary by C. Rollins Hanlon, M.D., FACS, and links to the latest news feeds and resources on the topic. The new community can be accessed at http://efacs.org by clicking on the link under the “Communities & Specialties” area of the portal’s homepage. Ira Kodner, M.D., FACS, the lead editor for the new community, has launched a new feature: “The Ethical Challenge.” Each new challenge invites surgeons to discuss real ethical dilemmas that they encounter on a daily basis. These discussions will be followed with commentary from leading experts in the field. Take the challenge: Visit the Ethical Issues in Surgery community at http://efacs.org. ■ Southeastern Surgical Congress Includes Special ACS Session half-day event hosted by the ACS during the Southeastern Surgical Congress Annual Scientific Meeting will cover “What’s New at the ACS?” and “What Practicing Surgeons Need to Know About Maintenance of Certification and How the American College of Surgeons Can Help.” The meeting takes place in Birmingham, Ala. The ACS session will be held from 2 p.m. to 5:45 p.m. on Sunday, Feb. 10, 2008. College representatives who will be discussants include: L.D. Britt, M.D., FACS; Edward M. Copeland, III, M.D., FACS; Josef E. Fischer, M.D., FACS; Thomas R. Russell, M.D., FACS; Ajit K. Sachdeva, M.D., FACS, FRCSC; and Steven C. Stain, M.D., FACS. The ACS will also have an exhibit where new educational programs and products will be demonstrated. Many of the products are specially designed to help practicing surgeons meet MOC requirements. To register, or for additional information about meeting, visit www.sesc.org. ■ http://www.facs.org/cancer/ http://efacs.org http://efacs.org http://efacs.org http://www.sesc.org
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