| The treating physician as expert witness: ethical and pragmatic considerations. | |
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MedLine Citation:
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PMID: 17014608 Owner: NLM Status: MEDLINE |
Abstract/OtherAbstract:
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OBJECTIVE: The objective of this analysis is to apprise pain physicians of the ethical concerns and practical considerations that arise when a treating physician is called upon to testify as an expert witness in a legal proceeding involving his or her own patient. The provision of expert testimony in medico-legal proceedings has come under heightened scrutiny in recent years. When a physician testifies as an expert witness, such testimony is considered to be the practice of medicine, and hence subject to the same ethical and professional obligations as patient care. Increasingly, medical professional organizations have promulgated guidelines for such activities, and even implemented oversight mechanisms to review complaints concerning expert testimony by their members. Additional issues are raised when the expert witness is also the treating physician for the patient who is a party to the legal proceeding in which the expert testimony is offered. CONCLUSIONS: While it is not categorically unethical or inadvisable for a physician to testify as an expert witness in a medico-legal proceeding involving his or her own patient, such activity raises special issues and concerns. Prospective expert witnesses in such situations should be cognizant of these issues and insure that they have been adequately addressed before and during the testimony. |
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Authors:
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Ben A Rich |
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Publication Detail:
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Type: Journal Article; Review |
Journal Detail:
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Title: Pain medicine (Malden, Mass.) Volume: 7 ISSN: 1526-2375 ISO Abbreviation: Pain Med Publication Date: 2006 Sep-Oct |
Date Detail:
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Created Date: 2006-10-03 Completed Date: 2006-12-04 Revised Date: - |
Medline Journal Info:
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Nlm Unique ID: 100894201 Medline TA: Pain Med Country: United States |
Other Details:
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Languages: eng Pagination: 460-3 Citation Subset: IM |
Affiliation:
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University of California, Davis School of Medicine, Sacramento, California, USA. |
Export Citation:
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APA/MLA Format Download EndNote Download BibTex |
| MeSH Terms | |
Descriptor/Qualifier:
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Bias (Epidemiology) Conflict of Interest / economics Ethics, Medical* Expert Testimony / ethics*, standards*, trends Humans Informed Consent / standards Malpractice / legislation & jurisprudence, trends* Neurology / ethics*, standards*, trends Peer Review, Health Care / ethics, standards, trends Physician-Patient Relations / ethics Societies, Medical / ethics, standards, trends |
From MEDLINE®/PubMed®, a database of the U.S. National Library of Medicine
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