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44 - The ethics of expert testimony

from 6 - Anesthesiologists, the state, and society

Published online by Cambridge University Press:  05 March 2012

By
Louise B. Andrew
Edited by
Gail A. Van Norman ,
Stephen Jackson ,
Stanley H. Rosenbaum  and
Susan K. Palmer
Gail A. Van Norman
Affiliation:
University of Washington
Stephen Jackson
Affiliation:
Good Samaritan Hospital, San Jose
Stanley H. Rosenbaum
Affiliation:
Yale University School of Medicine
Susan K. Palmer
Affiliation:
Oregon Anesthesiology Group
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Summary

To protect patients and physicians and uphold the highest standards of medical care, it is morally and ethically appropriate for anesthesiologists with sufficient expertise to testify in medical malpractice claims. The American Society of Anesthesiologists (ASA) has established guidelines regarding expert witness testimony to guide members in providing such service. Holding an active and unrestricted license to practice medicine constitutes a bare minimum qualification for expert testimony. An ethical witness must be careful in differentiating between a widely utilized standard of care, and ideal care that might be provided by the most astute clinician practicing under optimum circumstances. Expert testimony by physicians can be useful to juries, the profession, and society, but exorbitant fees charged for such review and testimony will predictably increase the cost of malpractice defense, and therefore threaten liability insurance premiums and availability, and ultimately the availability and affordability of healthcare.

Keywords

chronic symptomsethics of researchinformed consentterminal colon cancerpalliative carepain management
Type
Chapter
Information
Clinical Ethics in Anesthesiology
A Case-Based Textbook
 , pp. 261 - 265
Publisher: Cambridge University Press
Print publication year: 2010

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