Re: GEN: Expert Witnesses - interesting

From: art fougner, md (evsono@pipeline.com)
Thu May 25 05:53:03 2006


Joe

good point as always ... AMA, State and Specialty Societies need to promulgate a uniform policy or Uniform Code of Conduct if you will for those testifying as experts. Avoiding the issue, finger pointing, etc will insure the continuation of the present Paladin Testilier system we have now in US courts.

just my opinion ... I could be wrong.

art

At Wed, 24 May 2006, DoctorJoe@aol.com wrote: >
>In a message dated 5/24/06 5:07:45 PM, zygote@icsi.net writes:
>
>> There should not hato be an opinion on this issue. It is unethical for an
>> expert in any
>> court to make payment for providing expert testimony contingent on the
>> outcome of the
>> case. If I were aware of such action on the part of any physician then
>> reporting him/her
>> to therie respective medical board and to ACOG would be accomplished.
>>
>But remember the two-pronged concept of "due process" - notice and an
>opportunity to be heard. This would be a concept of notice.
>
>If an expert has no notice that what he's doing violates some ethical or
>legal rule or regulation or opinion, then how can you expect him to grok it out of
>thin air?
>
>The concept of contingency payment is not a priori unethical. The original
>concept, the aid of the poor client, is certainly altruistic. I don't see on the
>face of it why that wouldn't apply as much to an expert or a consultant as it
>would to the legal counsel. If the consultant/expert really believed in his
>position and was in a position to help a disadvantaged plaintiff (OR
>defendant), why shouldn't he do it on a contingent basis, if that helped the poor
>client? At least one could so argue.
>
>So if some authority has not specifically condemned contingent payment of
>consultants, we can't crucify the consultants for it "just because" -- they must
>have had SOME type of warning from an authoritative society/licensing/legal
>source.
>
>Hence my question/post originally
>
>Joe P.

--
art fougner, md
"I drank what?" - Socrates




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