SEP 01, 2023
Question: I submitted a challenge to the Academy Ethics Committee in which an expert witness provided false testimony by making false written statements about my treatment plan based on the patient’s initial presentation. The case settled before going to court. The Committee declined to accept my challenge. Was the settlement the cause of that decision?
Answer: No, the challenge was not accepted because the Academy member did not provide actual expert testimony. For purposes of Rule 16 of the Code of Ethics, expert testimony includes oral testimony provided under oath, affidavits, declarations used in court proceedings, and certificates of merit signed, ratified, or otherwise adopted by the physician. It does not include second opinion letters, informal communications, or an initial review or assessment of a potential case.
Your submission was based on a second opinion letter sent by the challenged member to the patient’s son explaining how he would have developed a different treatment plan. The deposition of the son, in which he verbally quoted from the letter, is hearsay and cannot be used as “expert witness testimony” under Rule 16. Because no actual testimony was given by the Academy member, your submission was determined to not be a valid and actionable challenge under Rule 16.
The submission form for expert testimony challenges is quite detailed and should answer questions like this. As with many legal matters, if there a confidentiality or non-disclosure agreement or a protective order related to your case, you should consult your attorney before sending any material to the Ethics Committee.
Expert testimony submission forms can be found at aao.org/ethics-detail/how-to-submit on the AAO Redmond Ethics Center. To submit a question, email ethics@aao.org.