Fight over Policing of Expert Testimony Heats Up

Many voluntary physician organizations have adopted codes of ethics that purport to govern the content of expert witness testimony as part of an effort to weed out unsupported opinions and perjury. For example, the state medical boards often have administrative rules prohibiting their members from engaging in 'unprofessional conduct.' Similarly, the American College of Surgeons, American Academy of Neurological Surgeons, the American College of Obstetricians and Gynecologists, and the American College of Emergency Physicians have adopted statements of policy that condemn testimony that is false, misleading, without a medical foundation, or that is not based on a thorough review of the pertinent medical records and available testimony. Some organizations have published 'oaths of affirmations' for expert witnesses to sign before they testify.