Expert Witness Standards
The WSMA supports the following qualifications for expert witnesses and
standards for expert testimony:
Qualifications
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Possess a current, valid and unrestricted license in the state in which
they practice.
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Fully trained in the specialty and a diplomat in a relevant ABMS
recognized specialty board and demonstrated competence in the subject of
the case
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Be familiar with the clinical practice of the specialty or the subject
matter of the case, and be actively involved in the clinical practice of
the specialty for at least 3 of the previous 5 years at the time of the
testimony.
Standards for Testimony
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Thoroughly review the medical information in the case and testify to its
content fairly and impartially.
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Review the standards of practice prevailing at the time of the
occurrence.
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Be prepared to state the basis of the testimony presented, and whether
it is based on personal experience, specific clinical references, or
generally accepted opinion in the specialty field.
-
The expert witness is expected to be impartial, and should not adopt a
position as an advocate.
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Compensation should be reasonable and commensurate with the time and
effort given to preparing for deposition and court appearance. An expert
witness may not link compensation to outcome of the case.
- Testimony is public record and subject to peer review.
-
Make a clear distinction between malpractice and adverse outcomes.
Assess the relationship of the alleged substandard practice to the
patient's outcome.
(JC Rpt A, A-05) (Reaffirmed A-23)
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Abbreviations for House of Delegates report origination:
EC – Executive Committee; BT – Board of Trustees; CPA – Council on
Professional Affairs; JC – Judicial Council; CHS – Community and Health
Services