CASE 1: "SMOKING GUN"
This case centers on testimony from a "hired-gun" expert witness who was investigated and /sanctioned in multiple professional societies:
Defendant:
The defendant in this case is a plan member and a spine surgeon who was sued for issues related to placement of spinal instrumentation for a cervical fracture. The patient had no neurological deficits and the instrumentation was placed according to the manufacturer's instructions.
Plaintiff's Expert:
The expert witness in this case is a spinal surgeon who had been previously disciplined by the American Association of Neurological Surgeons. He also claimed to be a member of the North American Spine Society, though they had no record of his ever having been a member. The Expert had never used the instrumentation in question, nor could he produce any literature to support his criticism.
Case Outcome:
The case was dismissed several weeks prior to trial. The expert witness resigned from the Congress of Neurological Surgeons after the Congress began investigating claims related to frivolous testimony.
The Medical Licensing Board reviewed this case related to misstatement of credentials / professional affiliations.
The Central Judiciary Committee of American College of Surgeons ruled that the expert witness testimony violated its bylaws and he was formally disciplined by that organization.
CASE 2: "UNQUALIFIED OPINION, ANYONE?"
Defendants:
Eleven physicians and a hospital were sued individually for care rendered to a patient with acute fulminant pancreatitis. This case had been terminated prior to purchase of Medical Justice membership.
Plaintiff's Expert:
The expert hired to testify in this case was a neurologist. However, pancreatitis is a condition that is generally not treated by neurologists and is outside their traditional domain of expertise. The "expert" claimed that all parties were negligent and he signed an affidavit stating that the patient died of hypoxic encephalopathy (H.E.), or lack of oxygen to the brain. However, all humans ultimately die from H.E. regardless of their medical condition. The testimony helped plaintiff's counsel extract nuisance settlements from each physician.
Outcome:
Because of the egregious content of the affidavit, a complaint was prepared and sent to the American Academy of Neurology and the Florida Board of Medicine. The expert resigned his membership while the complaint was pending.
