By Vanessa Orr
One of the ways that physicians earn extra income is to become paid medical experts. But in many cases, doctors may not understand the time commitment that this requires, nor the exposure they face and what this might mean to their livelihoods.
“There are a number of questions that physicians should ask themselves before they commit to serving as a paid medical expert,” said Bill Gompers, CFE, vice president, Risk Strategies Company | Danna-Gracey. “Not only whether they have the time and flexibility to do it, but if they have the personality to make it work.”
Physicians who choose to serve as paid medical experts need to have resources available to provide patient coverage when they are called to testify, as well as someone to take on their research or teaching responsibilities as needed.
“Judges want you when they want you, and it doesn’t matter if you have other pressing needs or practice or family commitments; the judge is not going to change the schedule because you can’t show up,” said Gompers.
“Taking on the role of an expert witness can put you in a place with a lot of conflicting obligations,” he added. “Do you want to be a medical expert, a healthcare provider, a researcher or a teacher? While some physicians can juggle these responsibilities, others cannot.”
Having a thick skin is also required, as most physicians who are considered experts in their fields aren’t used to being questioned about their levels of expertise. While some do very well sparring with opposing attorneys, others do not. Physicians also have to deal with peer scrutiny, especially if their main income comes from running a practice or working on a hospital’s medical staff seeing patients.
“Those who have eggshell-type personalities may not react well to someone questioning their status as a medical expert or trying to expose that money is the underlying reason for their testimony, or presenting them as a hired gun,” said Gompers. “Testifying may actually hurt their reputations.”
Getting the Facts Straight
Just like in the medical field, physicians must be up-to-date on the information that’s covered at trial, and do their research before taking the stand. To be an expert in a professional liability case in Florida, paid medical experts must also be in a similar field as the doctor on trial—for example, a pediatrician can’t serve as an expert witness in a neurosurgeon’s trial—and have had an active clinical practice, teaching role, or be active in clinical research within that same field within the last three years.
“There are also ethical concerns when it comes to being an expert witness; for example, a physician may not be 100 percent sure of everything they’re testifying about when it comes to ‘standard of care’ because these days, the standard of care may not be the same in one location as another,” said Gompers. “The standard of care in one metro area may be different than that of another metro area, which is why doctors need to do their research.”
Physicians serving as expert witnesses do face some legal liability if their testimony is found to be inaccurate. They can be sued, and their own professional liability insurance does not cover them for this exposure. This requires physicians to get their own attorneys and pay legal costs, or to buy insurance to cover this kind of risk.
Gompers adds that the best way for physicians to minimize any kind of malpractice exposure as a medical expert is to maintain professional integrity and stay within their areas of expertise. This includes reviewing all case materials, providing honest and unbiased opinions, communicating effectively with attorneys and any other parties involved in the case, and documenting what they’ve done in the case to protect themselves from a malpractice suit.
“Be as attentive to your job as a medical expert as you are to taking care of patients,” said Gompers. “And consider getting a malpractice policy that will cover you for this exposure.”
To learn more about how to proactively lower your risk of lawsuits, contact Bill Gompers at bill@dannagracey.com, (888) 777-7173 or visit www.dannagracey.com.
