Doctors' Plaintiff Side Testimony Chilled in Malpractice Actions

Dr. Barry Schifrin was a well respected parinatologist and member of the American College of Obstretics and Gynocology (ACOG), up until he testified on behalf of the plaintiff in a medical malpractice action against another member of the ACOG. After his testimony, the defendant ob/gyn filed a complaint and censure against Dr. Schifrin with the ACOG citing unethical behavior while testifying. The ACOG hit Dr. Schifrin with a censure in February of 2004, and he has since resigned from his practice.
The problem here is that doctors are turning on their own and seeking to censure those who give plaintiff’s testimony in malpractice actions. They see plaintiff friendly doctors as perpetuating the medical liability crisis (which in itself is a myth).
“What they’re trying to do is blacklist experts so people can’t exercise their rights in the civil justice system,” said plaintiffS lawyer Robert Boyers of Hannon & Boyers in Florida, where the problem is especially prevalent.


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