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Greedy Trial Lawyer

And The Winner Is...Dr. Rock Solid, Witness For The Plaintiff

August 05, 2006

By Greedy Trial Lawyer

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Category: Seeing Clearly Now

I propose a national campaign to honor the expert witnesses who testify on behalf of patients in medical malpractice cases. It could be called Doctors For Justice and would even announce annual awards for the witnesses who best represent the guts, competence and communication skills required. Why do I make this proposal? Read the RedOrbit article below.

Fear of Discipline Can Chill Potential Medical Experts

A medical malpractice lawsuit sits on Steve Sanders' desk. And he knows of a great witness that would help his case.

The problem is the witness refuses to talk.

It's frustrating, said Sanders, a Northland attorney who was not surprised by a doctor's reluctance to testify against his colleague.

Sanders' situation is not unique to lawyers who represent plaintiffs in medical-malpractice cases. Doctors fear they will be retaliated against if they provide expert assistance in a plaintiff's case, Nancy Kenner of Kenner & Kavanaugh said.

Kenner began her career defending doctors accused of malpractice. Then, she didn't have any difficulty finding doctors to testify in the defense of her clients.

It was very simple, she said. Switching to the other side several years ago was very difficult.

We look for legitimate, credible, practicing doctors to testify, she added. We are still able to do that, but we have to look hard sometimes.

In some parts of the country, doctors who testify for plaintiffs find themselves in trouble with their licensing organizations or medical societies. Some have termed it a national campaign by medical societies to discipline doctors who testify for plaintiffs.

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