TEXAS MEDICAL ASSOCIATION HOUSE OF DELEGATES
Resolution 103 (A-06)
Subject: Physician Testimony in Liability Lawsuits
Introduced by: Harris County Medical Society|
Referred to: Reference Committee on Financial and Organizational Affairs
Whereas, Physicians' testimony in medical liability lawsuits should be based on genuine, personal, clinical, or scientific evidence-based knowledge; and
Whereas, Plaintiff attorneys' monetary sponsorship of mass testing by screening companies constitutes an undeniable conflict of interest; and
Whereas, Considering the evolving economic crisis in health care, Texans cannot afford the billions of dollars paid to plaintiff attorneys, thereby making these monies unavailable for patient care, treatment, or pharmaceutical/medical device advances; therefore be it
RESOLVED, That the Texas Medical Association encourage the Texas Medical Board to utilize court sanctions based on improper medical testimony as grounds for initiating disciplinary procedures against culpable physicians; and be it further
RESOLVED, That TMA endorse the concept that any court sanctions based on improper medical testimony should be disclosed in the board's quarterly publications and Web-based reporting systems; and be it further
RESOLVED, That TMA advocate for transparency and disclosure requirements for state licensing boards that have been sanctioned by Texas courts for violation of medical science ethics.
Relevant TMA Policy
175.012 Principles for Sunset of TSBME : General guidelines adopted for advocacy during sunset review of the Texas State Board of Medical Examiners are:
1. TSBME should regulate all functions that affect or evaluate the practice of medicine or medical care rendered within Texas. These functions include the licensure and review of expert witness testimony as well as the review and opinion provided by a physician who makes a determination of medical necessity. The determination of the application of appropriate standards of care and/or the lack of meeting such standards should be part of the definition of the practice of medicine and enforceable by the board…
15. The definition of the practice of medicine in the Medical Practice Act is broad and well tested in Texas courts and should remain unchanged but must allow for the regulation of expert witnesses and individuals who perform medical necessity reviews…
TMA House of Delegates: TexMed 2006