If so, then I think that I am ready to accept your premise. I agree that expert testimony is a scam. Experts can literally say anything and it can not be challenged. All you can do is offer your own expert and hope that the jury sees the truth. From my own bitter experience, the worst part of being sued is reading the plaintiff’s expert testimony and wondering what could possibly motivate someone to prostitute themselves like that. Their statements are so clearly coached and paid for by the attorneys as to be laughable.

In my specialty their is a review process for expert testimony. Several people have been expelled from the organization because of flagrantly biased or dishonest testimony. Of course, this does not help those that were harmed by their lies. It also does not prevent them from testifying in the future. They would have to admit it on cross-examination, though.

This process is not limited to malpractice cases. I once asked for an investigation because of outrageous testimony in a work comp case. Also, you don’t have to be a member of the organization to ask for a review of someone’s testimony.

It is a small effort for such a large problem, but at least its something. Some of us agree with your position. Its easier to discuss it if you don’t blame us for the problem or act like we are at least complicit and “deserving what we get” in the malpractice mess.