Expert witness issues were a major concern, as evidenced by nearly 20 pages of comments on the topic. And although nearly 71% of respondents felt that ACEP should increase its current activities in regard to expert witness testimony, more than half were unaware of ACEP’s expert witness and ethics policies and how to access and use them. Nearly three quarters (73%) were unaware of the standard of care review process, and two thirds were unaware that ACEP had investigated ethics charges against members regarding compliance with expert witness policy and ethical guidelines.

Nearly 62% of respondents were unaware of the Expert Witness Reaffirmation Statement, and over two thirds were unaware that they had affirmed the statement by joining or renewing membership. Almost no respondent had used the reaffirmation statement in defense of a case against them. A small percent of respondents (4.4%) had the statement cited to them while acting as an expert witness.

Formal Legal Training and Experience

Of the respondents, 389 (about 17%) reported some type of legal training or work experience, including 2% having completed a law degree or been admitted to practice law (passed the bar exam). Over 2% had taken some law school courses or worked in some capacity in a law office. The majority of those who had some legal training reported that the training was about the provision of expert testimony.

What Members Want

With regard to the legal needs of the members, approximately 60% wanted more articles on legal topics, FAQs on questions of general interest, and more online information at ACEP.org; 40% wanted more information by way of CME at Scientific Assembly and information related to seeking assistance in legal matters and answers to questions submitted in ACEP News. Some 30% wanted answers to questions submitted to acep.org.

And although more than a quarter wanted more education on the legal system and its effects on themselves as practitioners, when forced to choose which one area they most wanted ACEP to work on, over half of the respondents specified tort reform efforts.

While only 13% listed expert witness compliance with ACEP policy as their overarching concern, some comments suggested that this would have been their second most pressing concern. The vast majority opined that ACEP should give members more education and guidance on provision of expert witness testimony. Also, about a third of respondents who had been named in a claim did not feel that they were adequately prepared to testify in deposition or in court. These represent significant opportunities for ACEP to assist members.

Comments and Discussion

Naturally, there were some inconsistencies between answers, and the small numbers of responses on some questions made interpretation somewhat subjective. However, much useful information was gleaned from those who did respond, and especially from those who responded to all questions and those who added spontaneous comments.