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Expert witness testimony in urology malpractice litigation

机译:泌尿科渎职诉讼中的专家证人证词

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Objective To evaluate the credentials of urologists choosing to testify as expert witnesses. As health care reform has become an increasingly important topic in national debate, medical malpractice and related issues have come to the forefront of topics for discussion by the medical community. Physicians are often recruited to testify as expert witnesses in malpractice cases. Defining what constitutes an expert in this setting has been an area of controversy. Methods The Westlaw legal database was searched for medical malpractice litigation. Data regarding number of years of experience and practice setting were obtained for urologists using private practice and hospital listings, academic faculty profiles, and state medical licensing databases. Scholarly impact, as measured by the h-index, was calculated by the Scopus database. Results Plaintiff expert witnesses were found to have slightly more years of experience vs defendant expert witnesses (35.7 vs 32.2 years, P =.01), but had a lower h-index (6.8 vs 10.2, P =.03), were less likely to practice in the academic setting (39% vs 60%, P =.001), and were more likely to testify multiple times. Conclusion Urologists testifying for plaintiffs and defendants both had over 30 years of experience on average, with those in the latter having slightly less experience. Defendant witnesses, however, had greater scholarly impact and were more likely to practice in an academic setting. Organizations such as the American Urological Association may wish to re-evaluate guidelines on expert witness testimony, particularly regarding those who testify frequently.
机译:目的评估选择作专家证人的泌尿科医师的资历。随着医疗改革已成为全国辩论中越来越重要的话题,医疗事故和相关问题已成为医学界讨论的话题的最前沿。在医疗事故案件中,通常会招募医师作为专家证人作证。在这种情况下,确定什么构成专家一直是一个有争议的领域。方法在Westlaw法律数据库中搜索医疗事故诉讼。泌尿科医师使用私人执业和医院名单,学术人员资料以及州医疗许可数据库,获得了有关经验和执业年限的数据。由H指数衡量的学术影响力是由Scopus数据库计算得出的。结果发现原告专家证人的经验要比被告专家证人的经验略长(35.7比32.2年,P = .01),但h指数较低(6.8比10.2,P = .03),可能性较小在学术环境中练习(39%vs 60%,P = .001),并且更有可能多次作证。结论为原告和被告作证的泌尿科医师平均都拥有30年以上的经验,而后者的经验则略少。但是,被告证人的学术影响更大,并且更有可能在学术界实习。美国泌尿科协会等组织可能希望对专家证人证言,特别是那些经常作证的证人,重新评估准则。

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