Going After the 'Hired Guns': Is Improper Expert Witness Testimony Unprofessional Conduct or the Negligent Practice of Medicine?

Abstract

Stories of obstetricians being forced to stop delivering babies because of skyrocketing malpractice premiums brought national attention to the malpractice crisis. The medical profession has convinced many Americans that tort reform is needed to stabilize malpractice premiums. Now, the medical profession is turning its attention to improper testimony given by physician experts in medical malpractice suits. Physicians have long suspected expert witness testimony was available for sale. Only recently, however, has organized medicine begun to consider whether the medical profession may keep "hired guns" out of the courtroom.  This Article explains that, because of this trend, state medical boards are the proper authority to police improper testimony given by physician experts in medical malpractice actions.