Expert Witness Pool for
Emergency Medicine Program Criteria and Guidelines
Background:
VACEP supports the position that expert testimony in medical malpractice cases can
only be appropriately provided by physicians who are actively practicing within the
specialty for which they are testifying, who are Board certified in that specialty, and
who are also practicing in the State. To that end an Emergency Medicine Expert Witness
Pool was established, administered out of the College office, which is available to trial
and defense attorneys. (This is a distinctly separate program from the Review Panels
available by State Law through the Virginia Supreme Court to physicians who have been
named defendants in malpractice suits.) College members meeting and agreeing with
established program criteria are encouraged to volunteer for participation in the
Emergency Medicine Expert Witness Pool.
Criteria for Physician
Participation in the Pool:
1. Participants must be currently certified by the American
Board of Emergency Medicine, and
2. Participants must be currently active in the practice of Emergency Medicine, and
3. Participants must have practiced Emergency Medicine within the State of Virginia for
at least two years.
4. Qualified physicians must notify the V ACEP Executive Director of their willingness to
serve, subject to their availability at the time of any referral, including submission of
a current curriculum vita.
Criteria for Providing Expert
Witnesses to Defendant or Plaintiff Lawyers:
1. The name of the named, or proposed, defendant
physician plus the location and date of the alleged incident must be made available to the
VACEP Executive Director. No further information
regarding the case is required.
2. All requests for experts are 100% confidential; requested information is used only
by the Executive Director to eliminate potential experts who may have a conflict of
interest. Case details are provided to experts retained by the requesting attorney.
3. Referrals are only available for potential or alleged medical malpractice cases
regarding the practice of Emergency Medicine.
Criteria for Naming Expert
Witnesses:
1. Named or proposed defendant(s) are not advised
by the College as to any request for potential expert witnesses.
2. Potential expert witnesses must currently meet the Criteria for Participation in the
Pool, and
3. Potential expert witnesses must have been practicing Emergency Medicine in the State
of Virginia at the time of an alleged incident.
4. The V ACEP Executive Director
will attempt to identify at least three potential expert witnesses that meet the above
criteria, and will then provide the requesting party with the individual(s) name,
preferred mailing address and phone number. The requesting party will determine which, if
not all, potential expert witnesses to be actually contacted to review the alleged case.
5. A potential expert witness referred through this program will be advised by theV ACEP Executive Director via US mail as to the requesting
party.
6. A named potential expert witness reserves the right to refuse to review, and/or to
testify in any case referred to them as may be appropriate.
7. Any relationship or agreement established between expert witnesses and lawyers as a
result of referrals through this program are of no interest or consequence to V ACEP. Although it is anticipated that the reviewing expert
will charge a reasonable fee for his time, all such arrangements are between the
physician(s) and the attorney who seeks the review.
8. V ACEP assumes no responsibility for
opinions rendered by expert witnesses referred through this program. There is no fee by VACEP to provide this referral service to any party.
Comments
or questions regarding this service should be forwarded to the VACEP Executive Director
|
