A Doctor's take on legal issues.

By: Keller, David L.,Zaremski, Miles J.
Publication: Family Practice News
Date: Sunday, June 1 2008

Both of the medical experts discussed by Miles J. Zaremski, J.D., later had complaints filed against them with their specialty medical societies by the defendant physicians against whom they had testified ("Expert Witnesses Under Fire," Law &: Medicine, May 1, 2008, p. 62).

These societies--the

American College of Surgeons and the American Academy of Ophthalmology--conducted investigations of the testimony supplied by the plaintiffs" medical experts and later initiated certain actions against them. Mr. Zaremski decried that professional medical organizations sometimes seek to "muzzle health care providers" when their testimony [on behalf of medical malpractice plaintiffs] is inappropriate in the eyes of such organizations. He counseled, "If you are a physician wishing to consult or testify [presumably for a plaintiff, don't be dissuaded from doing so... " He followed with specific advice for aspiring medical expert witnesses.

In a previous column, Mr. Zaremski spoke out against legislated caps on medical malpractice awards for pare and suffering ("ERISA's Tangled Web," Law & Medicine. March 1, 2008, p. 66). Now, he provides aid and comfort to physicians who testify as plaintiffs" expert witnesses in medical malpractice cases. It seems to me that Mr. Zaremski's opinions are contrary to the interests of all practicing physicians, and would be more appropriate in a publication for plaintiffs" attornies than in a medical newspaper.

David L. Keller, M.D.

Torrance, Calif.

Mr. Zaremski replies:

Dr. Keller concluded that my viewpoints should be expressed in a publication for lawyers rather than this newspaper. I have represented health care providers and institutions nationwide 35 years. I am also a writer. But my beliefs, and my representation of clients, does not dictate what should be written and how it should be penned, or for whom.

In writing about the physicians acting as experts, I reported the facts objectively, concluding that the two organizations may have been trying to "muzzle" the two doctors from discussing the actions each organization undertook against them. But this interplay involves physicians as experts (who no doubt also read this newspaper) being subjected to what their professional societies undertook. All that was written is that physicians who testify may have issues with other physicians within a professional organization who see such testimony differently. There are physicians on both sides of this equation. Which side would Dr. Keller have me address?

Moreover, I doubt this shows a bias or inclination on my part in favor of those who would wish to sue physicians at every turn. As for the column on caps on noneconomic damages, this, too, exemplified the notion that there are two sides to every story, and not solely the one Dr. Keller may have wanted to read about. In the end, a columnist such as myself who writes on interesting, thought-provoking topics with limited space attempts to present an issue in a balanced way, with a sprinkling of background and expertise. He does not limit himself to a viewpoint the reader might always want to see. To do otherwise would be disingenuous to all readers of any column.

Related Articles

  • A lawyer's take on medical issues.
  • Both of the medical experts discussed by Miles J. Zaremski, J.D., later had complaints filed against them with their specialty medical societies by the defendant physicians against whom they had testified ("Expert Witnesses Under Fire," Law & Medicine, April 15, ......
  • Ex-parte contact with plaintiff's treating physicians prohibited.
  • CASE ON POINT: In re collins, TXCA12 12-06-00078-051407(05/14/2007) S.W.3d -TX ISSUE: Discovery of each side's evidence in all suits has not only been adopted by virtually all courts, but is, in fact, encouraged. However, one area where courts are careful ......
  • Maryland poised for premium relief.
  • For the past few months, Maryland physicians have been waiting for premium relief that was promised by the state's politicians. That relief may now be on the way after the state legislature passed an emergency bill to put into effect ......
  • Defendant physician's expert witnesses give contradictory testimony.
  • CASE ON POINT: Suniga v. Eyre, 2004 WL 86139 S.W.3d--TX ISSUE: In the course of reading countless numbers of medical malpractice cases, one never ceases to be amazed at the unexpected verdicts rendered for and against plaintiffs as well as ......
  • AL: plaintiff's medical expert not board-certified: expert's testimony excluded from evidence.
  • CASE FACTS: On June 24, 1996, Linda Smith brought suit against Dr. Lucy Chapman for medical malpractice based on Dr. Chapman's allegedly negligent administration of a cervical epidural injection given on July 20, 1994. Linda's husband stated a derivative claim ......
  • NY: Dr. attempts to protect Pt. confidentiality: is there a `clinical trial" loophole? (Medical Malpractice Cases).
  • CASE FACTS: Drs. Sherwyn Schwartz and Philip Raskin participated in clinical trials of the drug Rezulin. During products liability litigation regarding the drug, the physicians' records regarding the clinical trials of their patients who participated in the study were subpoenaed....
  • The Right Medicine.
  • A conversation with Barry Persofsky, president and CEO of PHICO Group, who addresses the challenge of competing in the tough medical malpractice market--and the strategic approach to remaking a niche insurer into a bigger, better player. With medical malpractice awards ......
  • Expert witnesses, false testimony?
  • The proliferation of medical malpractice cases has fueled demand for physician expert witnesses, but as their ranks have swelled, so too have complaints about experts' comments made under oath. In response, many members of the medical community want to ensure ......
  • Expert medical witnesses: medical community targets false testimony.
  • The role of physicians as expert witnesses, particularly in medical malpractice cases, has caused some professional medical societies to set ethical guidelines for providing testimony. Over the last 2 years, the American College of Obstetricians and Gynecologists has developed "affirmation" ......
  • Expert witnesses under fire.
  • The notion of peer review typically arises in the context of an academic paper being reviewed by an author's colleagues--sitting as his or her peers--to determine whether the paper is of publishable quality. Another example would be a summer art ......
  • Exonerated Dr. Sues Attorney for malicious prosecution.
  • GAIL CONWAY-LENZ SUED DR. TERRY GILLIAN FOR MEDICAL MALPRACTICE ARISING OUT OF BREAST AUGMENTATION SURGERY. Her attorney was D. Mitchell Taylor. After the suit was resolved in favor of Dr. Gillian, the doctor sued his former patient's attorney for malicious ......
  • Was physicians' misdiagnosis the cause of this Pt.'s death?
  • CASE ON POINT: Reddy v Seale, 2008 TX--lw080321542 (3/20/2008) S.W.3d -TX ISSUE: On so many occasions, in so many cases, families who have lost loved ones due medical malpractice often are oblivious to the fact. All too often they accept ......
  • NY: Dr. refused to testify v. Dr. at deposition: right not to testify v. 'co-defendant Dr.' upheld.
  • CASE FACTS: In this unusual case, Jason and Sharon Devine, the parents of an infant (who was allegedly the victim of medical malpractice), sued numerous physicians, nurses and at least one hospital. The Devines, during the course of a deposition ......
  • Malpractice myths and coverups.
  • Mention the subject of medical malpractice, and the debate will most likely focus on money-hungry patients exaggerating their frivolous injuries, evil insurance companies squeezing money from hard-working doctors, or a corrupt cabal of reckless physicians leaving wristwatches and sponges inside ......
  • CO: coroner is entitled to access city records: court holds pt. confidentiality no bar to access. (Medical Malpractice Cases).
  • CASE FACTS: The ambulance service of the City of Littleton, Colorado, responded to an emergency call in Jefferson County. Because the victim had died without an attending physician, Dr. Nancy Bodelson, the Jefferson County Coroner, was required to perform an ......

Related Topics