Year: 2006
Resolution Number: 15
Action Taken: Referred to the Board
Status:
Author(s): Michael L. Gambel, MD
Sponsor: Anil K. Tibrewal, MD
On behalf of:
Committee: B (Legislation)
Resolved Section(s):
RESOLVED: That MSMS consider the formation of at least a members-only pilot project of an "Expert Plaintiffs Witness Testimony Review Service" to review the testimony given against members in medical liability lawsuits to determine whether the testimony was deliberately false, fraudulent or deceptive, and suggest how such a decision might be of benefit to members.RATIONALE: This resolution asks MSMS to consider the establishment of an expert witness testimony review service. In general, the Committee was supportive of efforts to minimize the effect of questionable testimony in liability cases. However, this resolution raised many questions that require additional study. For example, there was no fiscal note, yet it was the sense of the Committee that this service could be very expensive. Furthermore, it was not clear what impact such a service could provide without passage of additional legislation. For these reasons the Committee concluded that this resolution would benefit by a thorough review by the MSMS Board of Directors. Should the Board wish to pursue this endeavor, the Committee would emphasize that this service be available for testimony provided as both a defense or plaintiff expert witness.
RESOLVED: That MSMS consider the formation of at least a members-only pilot project of an "Expert Plaintiffs Witness Testimony Review Service" to review the testimony given against members in medical liability lawsuits to determine whether the testimony was deliberately false, fraudulent or deceptive, and suggest how such a decision might be of benefit to members.RATIONALE: This resolution asks MSMS to consider the establishment of an expert witness testimony review service. In general, the Committee was supportive of efforts to minimize the effect of questionable testimony in liability cases. However, this resolution raised many questions that require additional study. For example, there was no fiscal note, yet it was the sense of the Committee that this service could be very expensive. Furthermore, it was not clear what impact such a service could provide without passage of additional legislation. For these reasons the Committee concluded that this resolution would benefit by a thorough review by the MSMS Board of Directors. Should the Board wish to pursue this endeavor, the Committee would emphasize that this service be available for testimony provided as both a defense or plaintiff expert witness.
Fiscal Note: NULL