When Does Expert Witness Testimony Constitute a Violation of the ACR Code of Ethics?

Berlin, Leonard; Hoffman, Thomas R.; Shields, William; Cox, Jan

doi:10.1016/j.jacr.2005.12.013

Cited by 10 publications

(5 citation statements)

References 8 publications

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“…One of the primary goals of radiology education is to train novices to develop advanced or ‘expert’ search methods to enhance abnormality recognition (Wood, 1999). The principles underlying radiologic expertise are also important beyond the immediate field as courts and policy makers rely on radiologists to provide testimony and educate juries on applicable standards of medical care (Andrew, 2006; Berlin et al, 2006). Despite continual efforts to refine radiology education, however, the error rate in radiological readings has not improved in the last seven decades (Garland, 1949; Berlin, 2007), persisting at a rate of approximately 33% for abnormal studies (Waite et al, 2017b).…”

Section: Introductionmentioning

confidence: 99%

Analysis of Perceptual Expertise in Radiology – Current Knowledge and a New Perspective

Waite

Grigorian

Alexander

et al. 2019

Front. Hum. Neurosci.

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Radiologists rely principally on visual inspection to detect, describe, and classify findings in medical images. As most interpretive errors in radiology are perceptual in nature, understanding the path to radiologic expertise during image analysis is essential to educate future generations of radiologists. We review the perceptual tasks and challenges in radiologic diagnosis, discuss models of radiologic image perception, consider the application of perceptual learning methods in medical training, and suggest a new approach to understanding perceptional expertise. Specific principled enhancements to educational practices in radiology promise to deepen perceptual expertise among radiologists with the goal of improving training and reducing medical error.

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Section: Introductionmentioning

confidence: 99%

Analysis of Perceptual Expertise in Radiology – Current Knowledge and a New Perspective

Waite

Grigorian

Alexander

et al. 2019

Front. Hum. Neurosci.

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“…Professional specialty associations who have had policies pertaining to experts and ethics include the American Academy of Pediatrics, the American College of Radiology, the American College of Cardiology, and the American Society of Interventional Pain Physicians (10–15). In 2011, NAME, the professional society representing forensic pathologists, abandoned an ethics position that mirrored the ethics position of AMA because of, among other concerns, complaints among members about the AMA restrictions in aiding law enforcement in interrogations, which is sometimes required of practicing forensic pathologists.…”

Section: Discussionmentioning

confidence: 99%

The Ethics of Working as a Retained Forensic Expert

Melinek

2013

Academic Forensic Pathology

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Little has been published in the forensic medical literature on the ethics of being a retained expert witness. While the legal requirements are exclusively that the individual not lie under oath, there are a broad range of behaviors that, while legal, may not be acceptable as ethical among experts, yet may be considered expected services by the attorneys who employ them. Among these are pointed critiques of other experts’ work products, information about an opposing expert's background that can be used in ad hominem attacks, and use of privileged information obtained from online sources and professional committees. In order to examine whether a disparity exists between attorneys’ expectations and experts’ own ethical standards, a survey with eight ethical vignettes and several follow-up questions was sent to both forensic experts, attorneys, and law students. The results indicate that most forensic pathology experts are unwilling to oblige attorneys who expect their retained experts to disclose damaging material about an opposing expert and change their reports when asked to remove disputed evidence. This discrepancy has the potential to create conflict between attorneys and retained experts. Strategies to address these conflicts and improve professional ethics are discussed.

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“…For example, diagnostic radiologists may want to avoid in-depth conversations about echocardiography and surgical techniques. In a report discussing the role of the ACR Committee on Ethics, Berlin et al [18] noted that the committee notes, and can take action on, extreme comments, overstating testimony on matters radiologists do not have experience or training in, false testimony, and failing to exercise nonpartisan, scientifically correct, and clinically accurate testimony. When queried by opposing counsel about non-radiologyrelated topics, some experts have found it helpful to state, "That is outside my area of expertise, and I cannot give a learned opinion" and refuse to speculate.…”

Section: Challenge 5: Opinions and Written Reportsmentioning

confidence: 99%

The Role of the Expert Witness in Radiology: Challenges and Strategies for Overcoming Them

Waite

Scott

Kolla

et al. 2021

Journal of the American College of Radiology

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When Does Expert Witness Testimony Constitute a Violation of the ACR Code of Ethics?

Cited by 10 publications

References 8 publications

Analysis of Perceptual Expertise in Radiology – Current Knowledge and a New Perspective

Analysis of Perceptual Expertise in Radiology – Current Knowledge and a New Perspective

The Ethics of Working as a Retained Forensic Expert

The Role of the Expert Witness in Radiology: Challenges and Strategies for Overcoming Them

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