Professional Organizations Monitor Expert Testimony

August 4, 2009

In medical malpractice suits, it is often common for the prosecution and/or the defense team to call an expert to the witness stand. This expert is allowed to give his or her testimony, based on experience in the medical field, his or her own findings, or the findings of his or her colleagues (not considered hearsay). Often, this testimony can make or break an attorney’s case.

In the past, it was discovered the many expert witnesses were making a lucrative profit by simply sitting in on medical malpractice trials and offering their opinions. For this reason, many professional organizations, such as the American Academy of Orthopaedic Surgeons began to regulate its members.

Other members of the Academy are allowed to file complaints about their colleagues and any misleading or incorrect information that they present in a court of law. Though the federal government cannot restrict free speech, private organizations- to a degree- can.

This has caused some medical experts to shy away from giving their testimony- to protect their names and their practice in the event of a complaint.