Posted On: November 11, 2006
Doctors threatened with disciplinary proceeding for helping plaintiffs
I have not heard of an expert being subject to discipline for testifying for a plaintiff in an Illinois medical malpractice case. But in and obvious attempt to make bringing malpractice cases to court more difficult the Texas Medical Board is reprimanding doctors that testify for plaintiffs. This should be no surprise coming from a state with one of the most anti-plaintiff biases in the country.
Texas physician is challenging a state medical board's attempt to discipline him for expert testimony on behalf of plaintiffs in medical malpractice cases. The physician, identified only as 'John Doe, M.D.' in court documents, is appealing a trial court's refusal last spring to issue an injunction blocking the Texas Medical Board from taking disciplinary action against him. A decision from the Texas Court of Appeals is expected early next year. Joe K. Crews (ATLA Member), an attorney in Austin, Texas who is representing the physician, said his client's reputation would be ruined if the medical board issued a public reprimand. In Crews' view, 'the intent of the medical board's action is to let doctors know if they are willing to testify that another physician in Texas has acted below the standard of care they're subject to disciplinary proceedings - up to and including not being able to practice medicine.'"Nora Lockwood Tooher, Lawyers USA, 10/23/06 (Subscription Only)
http://www.lawyersusaonline.com/subscriber/archives.cfm?page=usa/06/A230614.htm