"Because of the esoteric nature of many specialties, judges and juries are not able to spot irresponsible, misleading, or even fraudulent testimony. Physicians are best suited to review the quality of medical expert testimony, but the current judicial system does not adequately allow for a critical objective review of this form of testimony," he said.
"My view is that physician panels or physician review of medical expert testimony, early on in the litigation process, is preferable to extrajudicial review by medical societies, associations, or boards after the fact. If there is a three-to-zero decision by the panel, and the plaintiff still wants to bring in the expert, this expert is on notice that he or she has three of their own who disagree. The expert better be able to back the testimony up with science."
American Urological Association Qualifications for Expert Witness Testimony
• Active in the practice of clinical urology with a current valid and unrestricted license at the time of the alleged occurrence.
• Current certification in urology from the American Board of Urology.
• At least 5 years of clinical practice after satisfactorily completing residency/fellowship training.
• Expertise with texts, journals, guidelines, and other sources of information that establish the applicable standard of care at the time of the alleged occurrence.
• Perform a complete and thorough review of all available medical and legal information, including other medical depositions, before rendering any opinion regarding the case.
• Identify personal opinions as such, particularly where these deviate from other urologic viewpoints.
• Proficiency and experience in the area of clinical practice that is the subject of the case.
• Willingness to serve for either defendant or plaintiff in a fair and impartial manner; refusal to be manipulated by an attorney into becoming an advocate or partisan for one side.
• Willingness to declare and document the particulars related to the expert witness practice, inclusive of the number of cases for the defense or plaintiff, percentage of time spent in expert witness testimony, fees and compensation; refusal to accept contingency fees.
• Willingness to sign the AUA Expert Witness Affirmation Statement.