The Verdict
The decision to participate in a medical malpractice case as an expert witness requires competence, accurate self-assessment, and integrity. A physician should testify only to what he or she genuinely believes to be the standard of care, regardless of which side approaches him or her. The physician should consider his or her current practice and expertise to decide if he or she can provide honest and accurate expert testimony.
He or she should keep in mind the interests of patients in having access to the courts and to fair compensation from injuries, and therefore physicians should have the courage and integrity to testify against colleagues when he or she genuinely believes that the colleague injured the plaintiff through a deviation from the standard of care. Society relies upon physicians to risk disfavor with colleagues in the interest of promoting justice and protecting patients when the physician believes that is the right thing to do. Physicians interested in policy issues around expert testimony should become involved in their professional societies to create and enforce quality standards for expert witnesses.
References
- Federal Rules of Evidence 701, 702, 703.
- Daubert v. Merrell Dow, 509 U.S. 579; 113 S. Ct. 2786; 125 L. Ed. 2d 469 (1993).
- American Medical Association Code of Medical Ethics, Discipline in Medicine, E-9.04 Available at www.ama-assn.org. Last accessed May 25, 2006.
- Feld AD, Carey WD. Expert witness malfeasance: how should specialty societies respond? Am J Gastroenterol. 2005 May;100(5):991-995.
- Gomez JCB. Silencing the hired guns: ensuring honesty in medical testimony. J Leg Med. 2005 Sep;26(3):385-399.
SHM: BEHIND THE SCENES
SHM Online
By Scott Johnson
Last month, my next door neighbor at the office and SHM’s director of membership, Todd Von Deak, wrote a new column meant to share with you a “behind the scenes” look at SHM. I am pleased to carry the torch in this issue of The Hospitalist and give you a sneak peek at what’s next for SHM’s Web and IT initiatives.
First, let’s step back and look at some changes we’ve recently implemented and how each should benefit your membership.
Our database is key in our efforts to keep you up to date on not only the latest news from SHM, but also from the hospital medicine community at large. Over the past couple of months, we have completed a major review of our data-gathering processes and made changes to how we store your information. These changes will not only better protect your privacy, which is a major concern of ours, but also better enable us to reach you at your preferred address—whether at home or work.
Part of great customer service is listening. Many members have shared that they find it cumbersome to have to remember their member number in order to log onto SHM’s Web site. We’re pleased to announce that you can now access the SHM Web site with your own personalized username and password.
To create your own login and password, just visit www.hospitalmedicine.org/activate. Once online, you will be asked to enter your member number and last name, and then asked to choose a new username and password.
In addition to allowing you to create your own username and password, we’ve also streamlined the process to renew your membership or join online. Check it out when you get a chance. I’d love to hear your feedback.
Now that we have had our flashback, let’s discuss what we’ve got planned for the future. Since launching the new Career Center (www.hospitalmedicine.org/careercenter) we have begun working on projects to create a more personal experience for you as you visit the SHM Web site and receive our monthly e-mail newsletter.
The SHM Store, which launched in June, features a variety of SHM products and resources. Key educational products such as the results from our “Survey on the State of the Hospital Medicine Movement” will be available, as will favorites like SHM hats and golf shirts (both men’s and women’s).
The next evolution of SHM’s eNewsletter, our monthly e-mail newsletter, will occur this fall. In addition to a new look and feel, the eNewsletter will contain information unique for members and non-members and will be personalized to your areas of interest.
We are also creating a personally tailored Web site where you can create your own “My SHM” page. Once live, this new benefit will enable you to select topics of interest and have related articles, stories, and links automatically appear on your own “My SHM” page.
Having worked with healthcare associations for almost seven years I recognize how important your time is and the value of having the best and most current information at your fingertips. Our goal is to not only create a place where you can find the information you need to excel in your field, but to find ways in which you can “pull” the information relevant to you to your inbox, PDA, or iPod.
For the moment, we are focused on improving and enhancing the current tools in SHM’s tool belt. But on the not-too-distant horizon you’ll be hearing more about our plans to use new tools, such as PDAs and iPods, to provide you with even more information and resources. We’re confident that these resources will help you enhance the quality of care you provide to your patients and their families.
Steve Jobs, CEO of Apple Computer, once said, “The journey is the reward.” In the time I have spent with SHM it has already been quite a rewarding journey and I am excited about the landscape that lies before us.
Next month, you’ll hear from Geri Barnes, our director of education and quality initiatives. Geri is leading the charge to keep our education program in its current position as the most informative and innovative set of offerings within our specialty.
If you ever have any questions about our Web-based offerings, or feedback on how we can improve existing products and programs, please e-mail me at [email protected].
Johnson is SHM’s director of information services.