Chairman's Message => Spring 2004

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Spring 2004

Thou Shalt Not Bear False Witness

Being forthright and honest in dealing with others is the moral and ethical underpinning of civilized society. Honesty and transparency is essential in the practice of medicine both in dealing with patients as well as our colleagues.

Unfortunately the integrity that physicians exercise in their clinical practice is subverted by a few of our colleagues when they serve as expert witness giving biased testimony in professional liability cases. This has exacerbated the professional liability crisis. Lawyers assume an adversarial role in our tort system. The plaintiff attorney presents only those arguments that advance their case on behalf of an injured patient. The defense attorney presents only those arguments that advance the case on behalf of the defendant doctor.

Medical experts must not become advocates for either side. They must adhere to six principles for medical expert testimony as recently published in expert testimony as recently published in Ethics in Obstetrics and Gynecology, 2nd Edition. They must (1) have expertise in the standard of care, (2) testify in an objective and complete manner, (3) judge the defendant physician in light of generally accepted standards, (4) distinguish malpractice from maloccurrence, (5) access the relationship of the substandard care to the adverse outcome and (6) be willing to have their testimony subjected to peer review. Physicians who bend any of these principles impugn their own integrity, harm their colleagues and add to the professional liability crisis.

An initiative developed by Dr. Dennis Agliano, President–elect of the Florida Medical Association, is beginning to shine the light of accountability on these cockroaches that previously gave their biased testimony in the dark recesses of our legal system free from discovery. Dr. Agliano’s was successful in making legal testimony subject to the same scrutiny as the practice of medicine. Those physicians that give false expert testimony are subject to peer review from the Board of Medicine. If the subsequent investigation confirms the false and egregious nature of their sworn testimony, sanctions can be levied against the physicians including revocation of their medical license.

The American College of Obstetricians and Gynecologists is also now considering sanctions for those members who repeatedly give false or misleading testimony in court.

Word is getting out. Integrity is critical in legal reviews as in medical care. Bias and dishonesty will not be tolerated. This approach will not resolve the professional liability crisis but it is an important step to get our own house in order. Our fellow physicians morally, and now legally, must not bear false witness!