Comments on: An expert witness goes down in flames http://www.kevinmd.com/blog/2008/02/expert-witness-goes-down-in-flames.html Tue, 14 Feb 2012 20:57:00 +0000 hourly 1 By: Supremacy Claushttp://www.kevinmd.com/blog/2008/02/expert-witness-goes-down-in-flames.html#comment-83647 Supremacy Claus Sat, 16 Feb 2008 13:57:00 +0000 http://clients.emmense.com/kevinmd/2008/02/an-expert-witness-goes-down-in-flames.html#comment-83647 The Supreme Court has granted absolute immunity from civil liability to witnesses. The case was of a police officer who lied. The plaintiff went to prison until the lie got exposed. Only a federal law can overturn it. The Court may still declare it unconstitutional to protect land pirate litigation privilege. The decision immunizes both sides.<br/><br/>The recourse is with the judge of the trial. Defense lawyers refuse to deter the other side because they owe the other side their job. <br/><br/>If the witness lies about a fact, perjury charges may be considered by the judge. All witnesses should face vigorous, insistent disqualification requests. They never do. Doctors should start to demand that of defense lawyers, and loudly. If disqualified, the case is over that second.<br/><br/>Failing to get disqualified, they should face impeachment of testimony by a thousand methods. Every word they have written or uttered in prior testimony should be checked against current testimony.<br/><br/>That 70% of cases are weak is the fault of these self-serving whores. The Supreme Court has granted absolute immunity from civil liability to witnesses. The case was of a police officer who lied. The plaintiff went to prison until the lie got exposed. Only a federal law can overturn it. The Court may still declare it unconstitutional to protect land pirate litigation privilege. The decision immunizes both sides.

The recourse is with the judge of the trial. Defense lawyers refuse to deter the other side because they owe the other side their job.

If the witness lies about a fact, perjury charges may be considered by the judge. All witnesses should face vigorous, insistent disqualification requests. They never do. Doctors should start to demand that of defense lawyers, and loudly. If disqualified, the case is over that second.

Failing to get disqualified, they should face impeachment of testimony by a thousand methods. Every word they have written or uttered in prior testimony should be checked against current testimony.

That 70% of cases are weak is the fault of these self-serving whores.

]]> By: Anonymoushttp://www.kevinmd.com/blog/2008/02/expert-witness-goes-down-in-flames.html#comment-83611 Anonymous Fri, 15 Feb 2008 01:19:00 +0000 http://clients.emmense.com/kevinmd/2008/02/an-expert-witness-goes-down-in-flames.html#comment-83611 As far as I'm concerned, if the opinion can only be given by a physician......expert testimony, for malpractice cases, personal injury, peer review, etc.......giving the opinion should be considered the practice of medicine. The opinion should be subject to peer review, with licensure action if the opinion is given irresponsibly. As far as I’m concerned, if the opinion can only be given by a physician……expert testimony, for malpractice cases, personal injury, peer review, etc…….giving the opinion should be considered the practice of medicine. The opinion should be subject to peer review, with licensure action if the opinion is given irresponsibly.

]]> By: ERPhttp://www.kevinmd.com/blog/2008/02/expert-witness-goes-down-in-flames.html#comment-83602 ERP Thu, 14 Feb 2008 17:53:00 +0000 http://clients.emmense.com/kevinmd/2008/02/an-expert-witness-goes-down-in-flames.html#comment-83602 The main point here is that there needs to be closer scrutiny as to what "expert" witnesses say in court and who should be allowed to be an "expert". Perfect examn - I was pretty much forced to testify as an "expert" in a trial when I was a resident. I was a PGY2 and my dept "asked" me to aide in the testimony of a case involving a guy who came into our ER with a neck slash wound( he was treated by another MD). I basically had to testify with the DA's prompting that this was a potentially life-threatening wound (which I think it was) - as the assailant was on trial for aggrevated assault. I think I did an OK job - but the point is, why the hell was I the "expert"!? I was a PGY2 resident! I think the city wanted to save money by getting me for free and not paying some bigname trauma surgeon or ENT to say the same thing. Clearly the whole system is broken. The main point here is that there needs to be closer scrutiny as to what “expert” witnesses say in court and who should be allowed to be an “expert”. Perfect examn – I was pretty much forced to testify as an “expert” in a trial when I was a resident. I was a PGY2 and my dept “asked” me to aide in the testimony of a case involving a guy who came into our ER with a neck slash wound( he was treated by another MD). I basically had to testify with the DA’s prompting that this was a potentially life-threatening wound (which I think it was) – as the assailant was on trial for aggrevated assault. I think I did an OK job – but the point is, why the hell was I the “expert”!? I was a PGY2 resident! I think the city wanted to save money by getting me for free and not paying some bigname trauma surgeon or ENT to say the same thing. Clearly the whole system is broken.

]]> By: Anonymoushttp://www.kevinmd.com/blog/2008/02/expert-witness-goes-down-in-flames.html#comment-83579 Anonymous Thu, 14 Feb 2008 01:24:00 +0000 http://clients.emmense.com/kevinmd/2008/02/an-expert-witness-goes-down-in-flames.html#comment-83579 Look up this dude's profile on the florida medical board website.<br/><br/>He went to some sham school in Lebanon. <br/><br/>What a joke that we keep letting these foreign doctors into the USA that are totally incompetent. Look up this dude’s profile on the florida medical board website.

He went to some sham school in Lebanon.

What a joke that we keep letting these foreign doctors into the USA that are totally incompetent.

]]> By: shadowfaxhttp://www.kevinmd.com/blog/2008/02/expert-witness-goes-down-in-flames.html#comment-83564 shadowfax Wed, 13 Feb 2008 18:25:00 +0000 http://clients.emmense.com/kevinmd/2008/02/an-expert-witness-goes-down-in-flames.html#comment-83564 Sounds like he was the defendant, not an expert witness. Big difference. Sounds like he was the defendant, not an expert witness. Big difference.

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