Surgery News - August 2008 - (Page 8) S U R G E R Y NEWS • A U G U S T 2 0 0 8 NEWS FROM THE COLLEGE Statement on Expert Witnesses Issued This following statement, originally published in June 2000, contains revisions recommended by the College’s Central Judiciary Committee and was approved by the Board of Regents at its June 2008 meeting. hysicians understand that they have an obligation to testify in court as expert witnesses on behalf of the plaintiff or defendant. Those who do so play a major role in malpractice litigation. In order to define the recommended qualifications of and behavioral guidelines for the physician expert witness, the ACS Patient Safety and Professional Liability Committee has issued the following statement. 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. P 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. ■ Nora Institute Dedicated to Surgical Patient Safety he ACS dedicated the new Nora Institute for Surgical Patient Safety at College headquarters on June 17. The institute will further the College’s efforts to ensure the safety and quality of surgical care by informing patients and surgeons about issues related to surgical patient safety and by monitoring the relevant legislative processes at both the federal and state levels. “The College has a long history in leading patient safety efforts in the U.S. and around the world, so we will become great partners in efforts undertaken by the Nora Institute,” ACS Executive Director Thomas R. Russell, M.D., FACS, said. “Surgeons are keenly aware that their fundamental responsibility is to be their patients’ quality care advocates and providers, and the work of the Nora Institute will be instrumental in providing surgeons with the resources they need to safeguard patient safety and utilize best practices,” he added. Paul F. Nora, M.D., FACS, founder and director of the institute, is a general surgeon and professor of clinical surgery at Northwestern University Medical School, Chicago, who has long been affiliated with the College. Dr. Nora has served as a consultant to and member of the Committee on Patient Safety and Quality Improvement; chair and consultant to the Commit- FLS Program Receives Landmark Grant T undamentals of Laparoscopic Surgery (FLS)—a joint educational program of the Society of American Gastrointestinal and Endoscopic Surgeons and the American College of Surgeons— has received a $1.8 million grant from Covidien to launch the Covidien Educational Fund. The fund will allow surgeons-in-training to use the FLS program to study and validate their skills in laparoscopy before going into clinical practice. The FLS program is designed to teach the physiology, fundamental knowledge, and technical skills required in basic laparoscopy. The fund will allow the FLS program to be provided to more than 250 surgical residency programs in the United States and Canada. Recipients will be provided with the didactic content, an FLS trainer box with manual skills training accessories, and test vouchers. For more information, visit www.flsprogram.org or call 310437-0544, ext. 130. ■ Dr. Nora (right) and James W. Unti, M.D., FACS, at the Nora Institute dedication. tee on Operating Room Environment; and vice-chair and member of the Medical Devices Committee. He served as director of the College’s Professional Liability Program. He is co-editor of ACS Surgical Patient Safety: Essential Information for Surgeons in Today’s Environment and editor of two editions of the College’s Professional Liability/Risk Management: A Manual for Surgeons. “We anticipate that the institute will be a valuable resource for all surgeons, policymakers, patients, and other stakeholders who are concerned about the quality of health care in the U.S.,” Dr. Nora said. ■ 2009 Residents Trauma Papers Competition Announced apers are now being accepted for the 2009 Residents Trauma Papers Competition, which will be held during the ACS Committee on Trauma’s annual meeting March 19-21, 2009, in Chicago. The competition is open to general surgery residents, surgical specialty residents, and trauma fellows. Papers should describe original P research in the area of trauma care and/or prevention, categorized as either Basic Laboratory Research or Clinical Investigation. Papers should be sent to the appropriate ACS State/Provincial Chair. To obtain a list of chairs, visit www.facs.org/trauma/ regional.html. You may also call 312-202-5380 or send e-mail to bblackwood@facs.org. ■ http://www.flsprogram.org http://www.facs.org/trauma/regional.html http://www.facs.org/trauma/regional.html
Table of Contents Feed for the Digital Edition of Surgery News - August 2008 Surgery News - August 2008 Contents The 20/20 Vision: Making Amends News From the College: Dedicated Effort Opinion: NOTESworthy? Pediatric Surgery: Burn Remedy Surgery News - August 2008 Surgery News - August 2008 - Contents (Page 1) Surgery News - August 2008 - Contents (Page 2) Surgery News - August 2008 - Contents (Page 3) Surgery News - August 2008 - Contents (Page 4) Surgery News - August 2008 - Contents (Page 5) Surgery News - August 2008 - The 20/20 Vision: Making Amends (Page 6) Surgery News - August 2008 - The 20/20 Vision: Making Amends (Page 7) Surgery News - August 2008 - News From the College: Dedicated Effort (Page 8) Surgery News - August 2008 - News From the College: Dedicated Effort (Page 9) Surgery News - August 2008 - News From the College: Dedicated Effort (Page 10) Surgery News - August 2008 - News From the College: Dedicated Effort (Page 11) Surgery News - August 2008 - Opinion: NOTESworthy? (Page 12) Surgery News - August 2008 - Pediatric Surgery: Burn Remedy (Page 13) Surgery News - August 2008 - Pediatric Surgery: Burn Remedy (Page 14) Surgery News - August 2008 - Pediatric Surgery: Burn Remedy (Page 15) Surgery News - August 2008 - Pediatric Surgery: Burn Remedy (Page 16)
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