Expert witnesses should be chosen on the basis of their experience in the area in which they are providing testimony, and not on the basis of offices or positions held in medical specialty societies, unless such positions are material to the expertise of the witness. This refers to the fact that holding a leadership position in ACEP does not in itself qualify one as an expert in emergency medicine.

Since 2003, ACEP policy, “College Board Member and Officer Expert Testimony” (http://www.acep.org/ Clinical—Practice-Management/College-Board-Member-and-Officer-Expert-Testimony) has required that leaders recuse themselves from such service absent approval of the Board, because of the potential for conflict of interest.

Nothing prevents an ACEP member from advertising availability as an expert witness, if qualified. However, an emergency physician should not engage in advertising or solicit employment as an expert witness where such advertising or solicitation contains false or deceptive representations about the physician’s qualifications, experience, titles or background.

This would include use of expired honorific titles, such as FACEP, or board certification in emergency medicine, which may for example have lapsed.

Our guidelines require that the expert witness should be willing to submit the transcripts of depositions and testimony to peer review. This forms the basis for both of our review mechanisms for expert testimony. Like all other specialty societies, ACEP requires that an expert witness should never accept any compensation arrangement that is contingent on the outcome of litigation. Our guidelines also stipulate that misconduct as an expert, including the provision of false, fraudulent, or misleading testimony, may expose the physician to disciplinary action.

Expert Witness ReAffirmation Statement

The Expert Witness ReAffirmation Statement (www.acep.org/expertwitness.aspx), which every member signs upon application or renewal of their ACEP membership, tracks the provisions of the Expert Witness Guidelines. Thus, every member of ACEP is bound by our guidelines. Every attorney who participates in emergency medicine cases should be aware of the ReAffirmation Statement, and is welcome to use it in deposition or trial whether the opposing witness is for plaintiff or defense, and it can even be used as a hypothetical with a non–ACEP member emergency physician.

Perhaps tellingly, in ACEP’s survey, more than 50% of those members who serve as experts do not keep any record of their cases (although this is required by federal courts), and fewer than 30% have preserved copies of their testimony. While almost a quarter of those who provide expert witness testimony reported that their related hourly compensation was approximately equal to their clinical compensation, nearly 60% reported their hourly compensation as an expert to be more.