16. I am an active expert medical witness. What effect will EMC have on the environment for expert medical witnesses?

Many expert medical witnesses have reported instances of expert testimony that misrepresented the medical records and events and improperly influenced the medical case presented to the trial court either by reason of intent or incorrect application of the appropriate standards of care. EMC provides a method of having this testimony evaluated by an unbiased peer review committee in the specialty concerned, to review the medical records and courtroom testimony to insure that the expert testimony properly applied the relevant standards of care presented by the medical records. The present requirement for certification or other criteria as an expert by the court is to confirm adequate knowledge of the medical specialty involved.

With increasing awareness of the EMC review procedures, there is increased trial court interest in the peer review processes of EMC. There may be consideration to add a second expert certification requirement for expert medical witness approval in a case; potential agreement to voluntarily submit the expert ‘s testimony to the peer review process as incorporated by EMC. Therefore, membership in EMC as a “Fellow” will signify that an active expert is willing to submit his testimony to strict scrutiny by his peers after case closure. As this process expands to all specialties, there will greater care and precision in the testimony given. Testimony given by all parties will have greater accuracy and be more “evidence based” as opposed to “personal opinion” based. Novel theories to derive or defend a standard of care will be less acceptable in this arena. If one party consults with a “peer reviewed” expert, then the opposing party must also follow suit, to confirm the standing of the experts as their opinions are admitted to trial. Fewer case filings and testimony more consistent with the appropriate standards of care will be expected, to the benefit of the medical community and the courts, while the interests of the injured patient will be better served as well.