However, they should not enter into the role blindly. They should not consider an expert witness practice to be a second career or retirement plan, and they should not allow themselves to be misled in any of the myriad ways possible, by goal-directed attorneys for whom winning is more important than remaining ethical.

If you are considering the role, you should read extensively about the legal role of the medical expert, you should develop a set of guidelines for yourself designed to minimize the risks of accidental advocacy, and be sure that you are thoroughly aware of and follow the ethical guidelines and policies of ACEP before you agree to evaluate a case. It is only by encouraging honest and ethical testimony by properly credentialed and principled emergency physicians that we can begin to rid the system of those who are not (these are the “enemies” – we HOPE not us!), and can improve the fairness and effectiveness of the flawed legal system under which we are all forced to labor.

ACEP’s Forensic Medicine section is interested in educating members about the role of the expert witness, both in forensic matters and in medical malpractice. If you are interested in learning how to be an ethical expert, you may want to explore the possibility of joining this section.

Dr. Andrew is a past Council Speaker, chair of the ACEP Well-Being Committee, a senior member of the Medical Legal Committee and the editor of LegalEase. She is a founder and past president of the Coalition and Center for Ethical Medical Testimony, and the principal of www.MDMentor.com, which assists physicians dealing with medical legal issues.

About LegalEase

ACEP’s Medical Legal Committee sponsors these articles addressing topics of interest to ACEP members. If you have legal questions you would like discussed in print, please submit them to Dr. Louise B. Andrew at acep@mdmentor.com. Please don’t disclose any details of a pending legal case.