Baum, N., MD. (2024, May 15).
MedPage Today
Originally posted 15 May 24
Any physician or scientist who has served as an expert witness is no doubt familiar with the three golden rules of testifying in a civil or criminal trial: 1) Do unto others as you would have them do unto you. 2) Them that's got the gold, rules. 3) The lawyer with the best medical expert gets the gold.
Rule Three becomes more salient as the need for medical and scientific expert witnesses is likely to accelerate due to an explosion of jury awards. In the decade from 2013 to 2023, malpractice verdicts of $10 million or more grew by 67%, according to reinsurance company TransRe. Enormous malpractice awards like these are clearly on the rise.
In 2023, several massive payouts made splashy headlines. For example, in November, a Florida jury ordered Johns Hopkins All Children's Hospital in St. Petersburg to pay a whopping $261 million for alleged medical negligence and false imprisonment of a young girl.
The case inspired the Netflix documentary "Take Care of Maya" which chronicled events leading to the suicide of Maya Kowalski's mother over Maya's separation from her family during months of hospitalization.
Also in 2023, a Pennsylvania jury ordered the Hospital of the University of Pennsylvania to pay $183 million for an alleged birth gone wrong, resulting in cerebral palsy and substantial neurodevelopmental delays. And in New York, a jury awarded $120 million to a stroke victim for alleged delayed diagnosis and treatment leading to extensive brain damage.
Here are some thoughts:
The article raises a crucial point about the need for qualified expert witnesses in healthcare-related legal cases. The complexities of the healthcare system demand a deep understanding of medical practices, procedures, and the intricate web of regulations that govern the industry. Unqualified or ill-informed expert testimony can have severe consequences, potentially leading to miscarriages of justice and undermining public trust in the healthcare system. It is imperative that expert witnesses possess the necessary credentials, experience, and up-to-date knowledge to provide accurate and impartial assessments.
Furthermore, the ethical implications of expert witness testimony in healthcare cases cannot be overstated. Healthcare professionals are bound by strict ethical codes that prioritize patient well-being, informed consent, and the preservation of human dignity. Expert witnesses must uphold these ethical principles and ensure that their testimony aligns with the highest standards of professional conduct. They must resist any temptation to skew their opinions or present biased information, as doing so could compromise the integrity of the legal process and potentially harm patients or healthcare providers.
