The American College of Radiology?s Committee on Ethics has censured a radiologist for violating ethical standards regarding expert medical testimony.
The radiologist, who testified as an expert witness in a mammography liability trial, has decided not to appeal the committee?s decision. The ACR will place the letter of censure in the member?s ACR file.
A radiologist who is censured remains anonymous, but the names of those who are suspended or expelled from the college for ethical reasons will go into the National Practitioner Data Bank.
The defendant radiologist in the underlying malpractice lawsuit won the case but was so concerned about the expert?s testimony for the plaintiff that the decision was made to file the ethics complaint anyway, according to William F. Shields, ACR general counsel.
The Committee on Ethics focused on two aspects: the veracity of the testimony and the radiologist?s qualifications as an expert. This case did not deal with a misread, but rather with the recommended follow-up, which requires more vigilant attention to current standard of care, Shields said.
?The panel did not agree with what the expert had stated in court,? he said.
This is the second expert witness complaint to be resolved since the ACR began reviewing such cases last year. The first proceeding took place in October 2003, when a complaint alleged that testimony in a case was medically wrong. The committee concluded that the testimony was acceptable.
The ACR Judiciary Committee would have heard the appeal had the radiologist chosen that route. The committee would have either sustained the letter of censure or overturned it. It would not have imposed a harsher punishment.
If this radiologist continues to testify as an expert and is challenged again, the ACR would consider it recidivism. A finding against the radiologist would most likely result in suspension or expulsion from the ACR, Shields said.
A radiologist in this situation can choose to undergo further training or may wish to limit testimony to areas of expertise. However, most attorneys will inquire before a case goes to court whether an expert witness has ever been disciplined. An answer in the affirmative would most likely preclude his/her involvement.
For more information from the Diagnostic Imaging archives:
