95.987 Expert Medical Witness – Ethical Guidelines of MSSNY Members:
MSSNY declares as an “Ethical Consideration” that physicians should aspire to the following objectives in providing expert medical testimony: (1) In order to have the requisite skill, knowledge and expertise to offer expert medical testimony, medical experts should devote the greater part of their professional activities to practicing their specialties rather that testifying in litigation cases; (2) That when medical experts do offer testimony in litigation cases, their testimony should be objective, represent generally accepted facts reflecting the consensus of the scientific community, consist of verifiable scientific truths and be limited to testimony in his/her sphere of professional medical expertise.
MSSNY defines an “Ethical Consideration” as a principle intended to be aspirational in character and which represents objectives toward which every member of the profession should strive. An Ethical Consideration is intended to provide principles upon which a physician can rely for guidance in specific situations. Being aspirational in character, while every member of the profession should strive toward the attainment of the objective, the failure to attain the objectives of the Ethical Consideration does not subject the individual to disciplinary action. MSSNY will seek appropriate legislation that would require individuals to satisfy the requirements of paragraphs 1 and 2 above in order to be qualified to provide expert medical testimony. (Council 9/22/94; Reaffirmed HOD 2000-82; Reaffirmed HOD 2014; Reaffirmed HOD 2024)
