Expert Witnesses Under Fire

These cases also show that professional medical organizations sometimes seek to muzzle health care providers when their testimony is inappropriate in the eyes of such organizations. This trend may be influenced in part by a resolution adopted years ago by the American Medical Association declaring that testifying is considered the practice of medicine.

Granted, some physicians don't belong in a courtroom offering expert testimony. However, the Kamelgard and Yancey cases illustrate the Damoclean swords that professional societies may think they can wield in order to prevent physicians from offering legitimate expert medical testimony. After all, giving expert opinion is not rendering patient care, and thus is not generally considered the practice of medicine under state law.

If you are a physician wishing to consult or testify, don't be dissuaded from doing so—provided that you review all medical records properly and thoroughly, you are well credentialed, and you are familiar with all applicable medical standards by way of background, experience, and training. In addition, consult not only with your own organizations as to their standards and policies on testifying, but also ask the lawyer who retains you what your state law requires of experts who testify in legal cases.