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Doctors Police Your Own Expert Witness Testimony

Experienced emergency physicians with involvement in teaching and writing about clinical topics may be approached about a case of alleged medical negligence. The physician must decide whether to get involved as a potential expert witness, subjecting oneself to the requirement for diligent and thorough review of the case in all its particulars. If one agrees to do this, one must interact with attorneys, prepare opinions, and likely give testimony in deposition, and possibly at trial if the case is not settled. Accepting the responsibility for judging whether a colleague has fallen short of the standard of care, and harmed a patient through negligence, cannot be taken lightly. Guidelines for ethical conduct by an expert witness in a medical negligence tort have been developed and promulgated by the American College of Emergency Physicians and should guide physicians’ actions.