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Expert Witnesses Disciplined By Their Own Ranks
Increasingly, expert witnesses' opinions are subject to the scrutiny of the professional organizations to which they belong. This scrutiny can act as a check on their proffered expert testimony. The requirements of admissibility of expert opinion at trial have long been subject to the requirements of Daubert v. Merrill Dow Pharmaceutical Inc., 509 U.S. 579 (1993), and after admission, the opinions are often second-guessed by an unhappy client in a subsequent lawsuit, as in LLMD of Michigan v. Jackson-Cross Co., 740 A.2d 186 (Pa. 1999). Now we're finding that the further review of these same opinions by the expert's own specialty professional organization is being used increasingly as a new strategy of attack by the expert's unhappy opponents.
Review By the American Psychiatric Association's Ethics Panel
A recent client of mine is a forensic psychiatrist, a Diplomat of the American Board of Psychiatry and Neurology and a Diplomat of the American Board of Forensic Medicine. His practice is almost entirely limited to forensic psychiatric evaluation, and he did work for the Social Security Board, the Federal Aviation Administration, and, in the case we will discuss here, the State Division of Occupational Licensing (the Division).
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