4. Mis-representation of standards of care, Misuse of expert testimony database

The effect of misrepresentations of a specialty’s standards of care in a malpractice case whether by plaintiff or defendant experts can have far reaching effects beyond the specific case in which the testimony was given. Depositions and declarations are now increasingly being recorded using electronic audio and video technology. Software now available commercially can electronically dissect and categorize each statement of an expert using keywords and phrases. A database of expert medical opinion on each subject, in each specialty, is rapidly becoming available. This allows for utilization of elements of expert medical testimony given in one case to be used electronically via database access in subsequent cases in other states without necessarily calling that expert to testify personally. Indeed, the expert may not even know that his testimony is being cited in another case as corroborative or opposing testimony. The use of partial quotes and "out of context" quoting of an expert’s testimony also occurs. Erroneous expert medical witness testimony is also being collected and categorized in this way. To the extent that this erroneous medical testimony is allowed to continue without review and challenge, the collective database of expert medical opinion will be contaminated and the standards of care for that specialty, as established by the collective testimony of its medical experts, will also be contaminated. Medical specialty organizations, responsible for the teaching and certification of their specialists, have no systems in place for monitoring and maintaining the standards of care as promulgated by their experts in medico-legal expert witness testimony.