Expert witness testimony in ophthalmology malpractice litigation. 2015

Grace Huang, and Christina H Fang, and Remy Friedman, and Neelakshi Bhagat, and Jean Anderson Eloy, and Paul D Langer
Institute of Ophthalmology and Visual Science, Rutgers New Jersey Medical School, Newark, New Jersey.

OBJECTIVE To examine the relative qualifications of expert witnesses testifying on behalf of plaintiffs vs defendants in ophthalmology malpractice litigation. METHODS Correlational and descriptive study; analysis of expert witness and physician demographic data available on several databases. METHODS The Westlaw legal database was searched for ophthalmologist expert witness testimony from January 2006 to June 2014. Physician demographic data were used as the main outcome measures, including length of experience, scholarly impact (as measured by the h-index), practice setting, and fellowship training status and were obtained from state medical licensing board sites and online medical facility and practice sites. H-indices were obtained from the Scopus database. RESULTS Defendant and plaintiff expert witnesses had comparable mean years of experience (32.9 and 35.7, respectively) (P = .12) and scholarly impact (h-index = 8.6 and 8.3, respectively) (P = .42). Cases tended to resolve on the side of the expert witness with the higher h-index (P = .04). Significantly higher proportions of defendant witnesses were in academic practice (P < .05) and underwent fellowship training (P < .001). CONCLUSIONS Ophthalmologist expert witnesses testifying for both plaintiffs and defendants had over 30 years of experience and high scholarly impact. Practitioners testifying on behalf of plaintiffs were statistically less likely to work in an academic setting and have subspecialty training. Scholarly impact of expert witnesses appeared to affect trial outcomes. Surgical societies should stringently police for appropriate expert witness testimony given by both plaintiff and defense experts in malpractice litigation.

UI MeSH Term Description Entries
D008318 Malpractice Failure of a professional person, a physician or lawyer, to render proper services through reprehensible ignorance or negligence or through criminal intent, especially when injury or loss follows. (Random House Unabridged Dictionary, 2d ed) Professional Negligence,Negligence,Negligence, Professional,Professional Negligences
D009885 Ophthalmology A surgical specialty concerned with the structure and function of the eye and the medical and surgical treatment of its defects and diseases. Ocular Surgery,Ocular Surgeries,Surgery, Ocular
D010820 Physicians Individuals licensed to practice medicine. Physician
D011361 Professional Competence The capability to perform the duties of one's profession generally, or to perform a particular professional task, with skill of an acceptable quality. Competence, Professional,Generalization of Expertise,Technical Expertise,Expertise Generalization,Expertise, Technical
D005104 Expert Testimony Presentation of pertinent data by one with special skill or knowledge representing mastery of a particular subject. Expert Opinion,Expert Witness,Expert Opinions,Expert Testimonies,Expert Witnesses,Opinion, Expert,Testimony, Expert,Witness, Expert,Witnesses, Expert
D006801 Humans Members of the species Homo sapiens. Homo sapiens,Man (Taxonomy),Human,Man, Modern,Modern Man
D012955 Societies, Medical Societies whose membership is limited to physicians. Medical Societies,Medical Society,Society, Medical
D016365 Liability, Legal Accountability and responsibility to another, enforceable by civil or criminal sanctions. Institutional Liability,Personal Liability,Professional Liability,Legal Liability,Medical Liability,Torts,Institutional Liabilities,Legal Liabilities,Liabilities, Institutional,Liabilities, Legal,Liabilities, Medical,Liabilities, Personal,Liabilities, Professional,Liability, Institutional,Liability, Medical,Liability, Personal,Liability, Professional,Medical Liabilities,Personal Liabilities,Professional Liabilities,Tort

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