More than 60% reported that their compensation schedule as an expert varied depending on whether testimony was required.

Because of antitrust considerations, ACEP does not and could not legally suggest a fee schedule for members who serve as expert witnesses.

It appears from other specialties that there is essentially no limit to what an expert can demand, which is one of the reasons that expert testimony has become such a popular sideline. However, any expert should be prepared to explain to a jury the basis for the fee schedule that they follow.

Nearly three-quarters of our survey respondents reported that the fact of their participation as an expert witness had never been made public in any way, and more than half (54%) believed that their expert testimony had never been reviewed by anyone. No respondent reported that their testimony had been sanctioned by anyone.

ACEP has two mechanisms for review of expert testimony. The first is contained in the Procedures for Addressing Charges of Ethical Violations and Other Misconduct (www.acep.org/Clinical—Practice-Management/Procedures-for-Addressing-Charges-of-Ethical-Violations-and-Other-Misconduct).

The second is the Procedures for Review of Testimony Regarding the Standard of Care in Emergency Medicine (www.acep.org/Clinical-Practice-Management/Procedure-for-Review-of-Testimony-Regarding-Standard-of-Care-in-Emergency-Medicine).

Dr. Andrew is a past Council Speaker, chair of the ACEP Well-Being Committee, a senior member of the Medical Legal Committee and the editor of LegalEase. She is a founder and past president of the Coalition and Center for Ethical Medical Testimony and the principal of www.MDMentor.com, which assists physicians dealing with medical legal issues. In the first two installments of this Expert Witness series, Dr. Andrew’s J.D. credential was inadvertently omitted. ACEP News regrets the error.

About LegalEase: ACEP’s Medical Legal Committee sponsors these articles addressing topics of interest to ACEP members. If you have legal questions you would like discussed in print, please submit them to Dr. Louise B. Andrew at acep@mdmentor.com. Please don’t disclose any details of a pending legal case.