Experts and Testiliars: Part Two

12/14/19 • 65 min

In Part Two of 'Experts and Testiliars' we continue to explore the world of unethical medical expert witnesses and their impact on defendants and the litigation system. You'll hear a presentation of Dr. Pensa's own malpractice case, as well as verbatim expert witness testimony from her second trial (acted out brilliantly by Dr. Anand Swaminathan as the plaintiff's expert). We also discuss what physicians can do to help attorneys identify and disempower 'testiliars' during litigation, what 'standard of care' actually means, and what recourse physicians can take after their case is completed if they feel they have been wronged by an unethical expert.

Louise Andrew MD JD, Greg Henry MD, and Jeff Segal MD JD add their expertise.

More about Dr. Pensa can be found at doctorsandlitigation.com.

Louise Andrew MD JD, Greg Henry MD, and Jeff Segal MD JD add their expertise.

More about Dr. Pensa can be found at doctorsandlitigation.com.

Previous Episode

Experts and Testiliars: Part One

In part one of this look at medical experts in malpractice litigation, we hear the story of Dr. M, a physician embroiled in a dramatic legal battle after the death of a patient, and his efforts to bring the medical expert in his case to justice. We speak more with Dr. Louise Andrew, MD JD, about the necessity and ethics of medical expert testimony, and hear the voices of physicians who have been defendants, plaintiffs, and experts themselves. And we examine the psychological impact that unethical, exaggerated, or misleading expert testimony has on defendant physicians, including the story of a physician who died by suicide after being accused of witness tampering.

More about Dr. Pensa can be found at www.doctorsandlitigation.com.

Next Episode

When Litigation Hits Home: Relationships and Litigation Stress

"Every member of the family is involved in a lawsuit." -Dr Greg Henry

Litigation often has a spillover effect on spouses/partners and families, whether or not the defendant physician acknowledges it. In this episode, I interview Dr. Claire Nicogossian, PsyD, a psychologist and clinical instructor in the Department of Psychiatry and Human Behavior at Brown University (www.MomsWellBeing.com) We discuss common struggles that couples and families face during litigation, how to stay connected and communicative, and how to speak with children about litigation. Dr. Nicogossian describes some of the Gottman Institute's longitudinal research on couples, including the 'Four Horsemen of the Apocalypse' in relationships that predict divorce/relationship failure (Criticism, Contempt, Stonewalling, and Defensiveness). She offers some practical advice, reassurance, and insight. Drs. Paccione, Andrew, and Henry, introduced in previous episodes, continue to offer their added insights.

More about Dr. Pensa can be found at doctorsandlitigation.com.