Forensic consultants at risk for lawsuits

SARASOTA, Fla. — Before serving as a medical expert in a malpractice case, physicians should be aware of the liability risks, according to B. Thomas Hutchinson, MD, a board member of the Ophthalmic Mutual Insurance Company.

While most physicians called as expert witnesses or forensic consultants act responsibly, an increasing number of lawsuits are being brought against them, Dr. Hutchinson said here at the American Glaucoma Society meeting. These lawsuits have ranged from claims of libel to medical misconduct, he noted.

In addition, forensic consultants might not be covered by their own malpractice insurance in these circumstances.

Dr. Hutchinson advised physicians to familiarize themselves with the American Academy of Ophthalmology’s ethics guidelines for expert witnesses before agreeing to testify in court.

He added that other solutions to minimize risk include purchasing additional insurance coverage, gaining a complete understanding of the immunity privilege, seeking indemnification from accrediting and credentialing bodies and consulting with an attorney.

Dr. Hutchinson also reported that, in general, glaucoma specialists are much less likely to face medical malpractice suits than their cataract and refractive counterparts.

“It’s a chronic disease, and we follow our patients for a long time and they get to know us pretty well,” he said.