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Neurologists who testify in court are coming under tighter scrutiny by medical authorities seeking to weed out unqualified witnesses from the courtroom. In a move that has irked plaintiffs' attorneys, the American Academy of Neurology (AAN) recently revamped its 16-year-old guidelines regarding expert witness testimony by neurologists. The new guidelines were formally adopted earlier this year, and went into effect Jan. 10.
The AAN maintains that the guidelines, which call for tougher expert credentials and warn against doctors advocating for lawyers, are a response to several complaints by physicians about unqualified witnesses. But plaintiffs' lawyers allege that the new rules are scare tactics designed to strip credentials from plaintiffs' experts and keep doctors from testifying in medical malpractice cases. “I know what they're trying to do here. They're working to start trying to discipline plaintiff experts in med-mal cases. We're the ones bringing claims against the doctors, and they're trying to intimidate the doctors so they won't serve as experts,” said Bruce Stern, who handles traumatic brain injury cases at the plaintiffs' firm Stark & Stark in Princeton, NJ.
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