Expert Witness

CRIME AND PUNISHMENT

Expert Witness

RESOLVED, That the North Carolina Medical Society supports physician participation as retained or independent expert witnesses (as defined by the NC Medico-Legal Guidelines) to assure readily available and objective testimony in court proceedings; and be it further

RESOLVED, That the North Carolina Medical Society supports the following qualifications for retained or independent physician expert witnesses (as defined by the NC Medico-Legal Guidelines) who testify as to the standard of care in professional liability cases;

  1. The physician expert witnesses must have a currently valid and unrestricted license to practice medicine in the state in which they practice.
  2. The physician expert witnesses must show evidence of competence in the specialty or area of medical care of the defendant physician. Acceptable evidence of competence would include such accomplishments as Board Certification by a specialty recognized by the American Board of Medical Specialties and/or demonstrated experience in the area of medical care from which the complaint arose.
  3. The physician expert witnesses must document that he or she dedicated the majority of his or her professional time, during the year immediately preceding the date of the occurrence that is the basis for the action, to either one or more of the following: (1) the active clinical practice of the same health profession in which the party against whom or on whose behalf the testimony is offered, (2) if the party is a specialist, the active clinical practice of the same specialty or a similar specialty which includes within its specialty the performance of the procedure that is the subject of the complaint and have prior experience treating similar patients; or (3) the instruction of students in an accredited health professional school or accredited residency or clinical research program in the same health profession as the party against whom or on whose behalf the testimony is offered; and be it further

RESOLVED, That the North Carolina Medical Society supports physician cooperation as fact expert witnesses as defined by and in accordance with the NC Medico-Legal Guidelines (PDF).

(Report K-1991, adopted 11/9/1991)
(revised, Report U-2001, Item 33, adopted 11/11/2001)
(revised, Report R-2007, Item 3-6, adopted 10/21/2007)
(reaffirmed, Report F-2012, Item 3-13, adopted 10/27/2012)
(reaffirmed,Board Report-2019, Item 1-8, adopted July 27, 2019)

 
 

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