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Journal articles on the topic 'Medical expert witness'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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1

Jones, James W., and Laurence B. McCullough. "Medical expert witness litmus." Journal of Vascular Surgery 56, no. 2 (2012): 528–29. http://dx.doi.org/10.1016/j.jvs.2012.06.001.

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2

Notley, R. G. "The medical expert witness." BJU International 86, no. 3 (2000): 294–97. http://dx.doi.org/10.1046/j.1464-410x.2000.00296.x.

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3

Rakes, James. "The medical expert witness." Clinical Eye and Vision Care 7, no. 4 (1995): 237–40. http://dx.doi.org/10.1016/0953-4431(95)00143-3.

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4

Andrew, Louise B. "Expert Witness Testimony: The Ethics of Being a Medical Expert Witness." Emergency Medicine Clinics of North America 24, no. 3 (2006): 715–31. http://dx.doi.org/10.1016/j.emc.2006.05.001.

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5

Janulis, Diane M. "Expert Witness." Journal of Neuroscience Nursing 21, no. 3 (1989): 195–97. http://dx.doi.org/10.1097/01376517-198906000-00011.

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6

Murphy, Ellen K. "The expert nurse witness." AORN Journal 82, no. 5 (2005): 853–56. http://dx.doi.org/10.1016/s0001-2092(06)60278-0.

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7

Murphy, Ellen K. "The expert nurse witness." AORN Journal 43, no. 1 (1986): 14–16. http://dx.doi.org/10.1016/s0001-2092(07)65562-8.

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8

Perera, UCP. "Medical expert witness: persistent challenge unexplored." Galle Medical Journal 12, no. 1 (2009): 52. http://dx.doi.org/10.4038/gmj.v12i1.1089.

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9

Foreman, Julie. "Contingency Fees for Medical Expert Witness." Archives of Ophthalmology 108, no. 7 (1990): 923. http://dx.doi.org/10.1001/archopht.1990.01070090025014.

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10

Gee, David. "Training the Expert Witness." Medicine, Science and the Law 28, no. 2 (1988): 93–97. http://dx.doi.org/10.1177/002580248802800202.

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At the present time expert witnesses have almost no training for that role. It is also becoming very difficult to obtain suitable experience in advance of exposure to cross-examination in a major case, due to alterations in court procedure. The medical profession takes scant notice of the needs of lawyers and the courts. There is a need for formal training in witness techniques of groups of doctors in disciplines likely to lead to court exposure, especially in the light of changing attitudes to expert evidence.

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11

Susanti, Rika. "Peran Dokter sebagai Saksi Ahli Di Persidangan." Jurnal Kesehatan Andalas 2, no. 2 (2013): 101. http://dx.doi.org/10.25077/jka.v2i2.133.

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AbstrakPemanfaatan ilmu kedokteran forensik dalam penegakan hukum serta keadilan membutuhkan dokter sebagai saksi ahli medis di persidangan. Saksi ahli pada dasarnya adalah seseorang yang memiliki pengetahuan, pengalaman dan keahlian khusus sebagai dasar dalam memberikan keterangan ahli suatu perkara pidana. Kewajiban dokter untuk membuat keterangan ahli diatur dalam Kitab Undang-undang Acara Pidana dan dalam etika kedokteran. Kehadiran dokter sebagai saksi ahli dapat diminta oleh jaksa penuntut ataupun penasehat hukum tersangka atas persetujuan hakim. Dokter dapat menjadi saksi fakta (dokter

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12

PARKS, D., R. YETMAN, and A. LIEDTKE. "Expert witness testimony in medical liability cases." Journal of Pediatric Health Care 14, no. 2 (2000): 85–87. http://dx.doi.org/10.1016/s0891-5245(00)96066-8.

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13

Parks, Deborah, Robert J. Yetman, and Anne Liedtke. "Expert witness testimony in medical liability cases." Journal of Pediatric Health Care 14, no. 2 (2000): 85–87. http://dx.doi.org/10.1067/mph.2000.105146.

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14

Johnston, James C., and Thomas P. Sartwelle. "The Expert Witness in Medical Malpractice Litigation." Journal of Child Neurology 28, no. 4 (2013): 484–501. http://dx.doi.org/10.1177/0883073813479669.

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15

Freemon, Frank R. "THE ORIGIN OF THE MEDICAL EXPERT WITNESS." Journal of Legal Medicine 22, no. 3 (2001): 349–73. http://dx.doi.org/10.1080/01947640152596434.

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16

Cohen, Fred L. "THE EXPERT MEDICAL WITNESS IN LEGAL PERSPECTIVE." Journal of Legal Medicine 25, no. 2 (2004): 185–209. http://dx.doi.org/10.1080/01947640490457479.

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17

Raftos, John. "Medicolegal medicine - expert witness or medical whore?" Emergency Medicine 10, no. 1 (2009): 7–8. http://dx.doi.org/10.1111/j.1442-2026.1998.tb00482.x.

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18

Bal, B. Sonny. "The Expert Witness in Medical Malpractice Litigation." Clinical Orthopaedics and Related Research 467, no. 2 (2008): 383–91. http://dx.doi.org/10.1007/s11999-008-0634-4.

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19

Shcherbakovskiy, M., and D. Kurylenko. "EXPERT WITNESS IN UKRAINIAN LEGAL PROCEEDINGS." Theory and Practice of Forensic Science and Criminalistics 19, no. 1 (2019): 142–57. http://dx.doi.org/10.32353/khrife.1.2019.11.

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The concept of Expert Witness is not covered by the procedural legislation of Ukraine, although it has become widespread in research papers of processional scientists. In scientific publications, scholars are fragmentarily considering certain categories of versed persons, formulate the notion of special knowledge that they possess, but the types of specialists, their functions and competence still remain controversial and ambiguously interpreted by lawyers. The purpose of this article is to define the general concept and functional purpose of expert witnesses in any type of legal process

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20

Rutt, Deborah, and Kathyrn Mueller. "A Trial Consultant's View of the Medical Expert Witness." Guides Newsletter 18, no. 4 (2013): 7–10. http://dx.doi.org/10.1001/amaguidesnewsletters.2013.julaug03.

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Abstract Physicians who use the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides) often serve as medical expert witnesses. In workers’ compensation cases, the expert may appear in front of a judge or hearing officer; in personal injury and other cases, the physician may testify by deposition or in court before a judge with or without a jury. This article discusses why medical expert witnesses are needed, what they do, and how they can help or hurt a case. Whether it is rendered by a judge or jury, the final opinions rely on laypersons’ understanding of medical issues. Medical e

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21

Rix, Keith, Anthony Haycroft, and Nigel Eastman. "Danger in deep water or just ripples in the pool: Has thePooljudgment changed the law on expert evidence?" BJPsych Advances 23, no. 5 (2017): 347–57. http://dx.doi.org/10.1192/apt.bp.116.016907.

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SummaryThe professional regulatory cases of the psychiatrist Dr Richard Pool and the neuropathologist Dr Waney Squier have given rise to concerns among expert psychiatric witnesses, and indeed medical experts in general. Here we restate the law on expert evidence with particular reference to the judgment of the Supreme Court in the case ofKennedy v Cordia.We emphasise thatPooldoes not change the law regarding ‘what is expertise’; in particular, the case does not establish restrictive, status-based tests governing the admissibility of expert evidence such as according to whether an expert psych

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22

Rix, Keith J. B. "Expert evidence and the courts: 1. The history of expert evidence." Advances in Psychiatric Treatment 5, no. 1 (1999): 71–77. http://dx.doi.org/10.1192/apt.5.1.71.

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Recommendations by Lord Woolf for the reform of the civil justice system in England and Wales include proposals which are already beginning to influence the provision of expert evidence to the courts. Lord Woolf has himself been instrumental in the establishment of an Expert Witness Institute which has caused some controversy in medical circles. It is no coincidence that all of this is happening at a time when the courts are delivering judgments which are particularly critical of some expert witnesses.

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23

Sarkar, Sameer P. "He who pays the piper." Advances in Psychiatric Treatment 14, no. 2 (2008): 115–18. http://dx.doi.org/10.1192/apt.bp.107.003608.

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It has been clearly established as a matter of legal principle that the duty of expert witnesses is to the court, and not to the cause of those who instruct them. I will suggest that many experts fail to maintain this neutrality, for both conscious and unconscious reasons. If this is so, there may be real dangers in the use of single joint experts, even if there is the benefit of lower costs. In England and Wales, expert witness practice is now seen as part of medical practice by the General Medical Council: the whole profession needs to engage in a debate about how this should be scrutinised

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24

Boyarsky, Saul. "Practical Measures to Reduce Medical Expert Witness Bias." Journal of Forensic Sciences 34, no. 5 (1989): 12761J. http://dx.doi.org/10.1520/jfs12761j.

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25

Hirsch, Paul. "The medical expert witness: legal and ethical issues." Clinics in Dermatology 28, no. 2 (2010): 240–42. http://dx.doi.org/10.1016/j.clindermatol.2009.05.018.

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26

Rix, Keith J. B. "The psychiatrist as expert witness. Part 1: general principles and civil cases." Advances in Psychiatric Treatment 14, no. 1 (2008): 37–41. http://dx.doi.org/10.1192/apt.bp.106.002956.

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Expert witnesses have recently had a bad press but they have long played an important role in the administration of justice. This article begins by drawing attention to the guidance of the UK Academy of Medical Royal Colleges for medical expert witnesses and then sets out the latest guidance for experts in civil cases.

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27

Tenenbaum, M. J. "Expert Witness Guidelines: It's Our Turn." Clinical Infectious Diseases 40, no. 10 (2005): 1391–92. http://dx.doi.org/10.1086/430256.

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28

Eloy, Jean Anderson, Peter F. Svider, Adam J. Folbe, William T. Couldwell, and James K. Liu. "Comparison of plaintiff and defendant expert witness qualification in malpractice litigation in neurological surgery." Journal of Neurosurgery 120, no. 1 (2014): 185–90. http://dx.doi.org/10.3171/2013.8.jns13584.

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Object Expert witnesses provide a valuable societal service, interpreting complex pieces of evidence that may be misunderstood by nonmedical laypersons. The role of medical expert witness testimony and the potential professional repercussions, however, have been controversial in the medical community. The objective of the present analysis was to characterize the expertise of neurological surgeons testifying as expert witnesses in malpractice litigation. Methods Malpractice litigation involving expert testimony from neurological surgeons was obtained using the WestlawNext legal database. Data p

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29

Jones, James W., Laurence B. McCullough, and Bruce W. Richman. "Ethics of serving as a plaintiff's expert medical witness." Surgery 136, no. 1 (2004): 100–102. http://dx.doi.org/10.1016/j.surg.2004.04.003.

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30

Ferrell, Kathy. "Finding the Right Expert Witness for Medical Malpractice Cases." Journal of Legal Nurse Consulting 30, no. 3 (2019): 22–25. http://dx.doi.org/10.30710/jlnc.30.3.2019.22.

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31

Trésallet, C., J. L. Cardin, J. Belghiti, A. Cortes, and E. Martinod. "Medical expert witness testimony in France and in Europe." Journal of Visceral Surgery 156 (September 2019): S3—S6. http://dx.doi.org/10.1016/j.jviscsurg.2019.04.001.

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32

Bednar, Maggie C. "MEDICAL EXPERT WITNESS BIAS DUE TO COMMONALITY OF INSURANCE." Journal of Legal Medicine 23, no. 3 (2002): 403–19. http://dx.doi.org/10.1080/01947640290050265.

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33

Laird, Danial. "False Expert Witness Testimony in a Medical Negligence Case." Journal of Legal Medicine 37, sup1 (2017): 44–46. http://dx.doi.org/10.1080/01947648.2017.1479112.

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34

Van Dusen, Virgil, and W. Steven Pray. "The Hospital Pharmacist as an Expert Witness." Hospital Pharmacy 35, no. 12 (2000): 1296–303. http://dx.doi.org/10.1177/001857870003501212.

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35

Oosthuizen, Hennie, Johan Jonck, and Teuns Verschoor. "030. The medical practitioner as an expert witness in court." Journal of Clinical Forensic Medicine 6, no. 3 (1999): 195–96. http://dx.doi.org/10.1016/s1353-1131(99)90128-1.

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36

Reed, Donald N., and Jeffrey M. Gauvin. "Re: Ethics of serving as a plaintiff's expert medical witness." Surgery 137, no. 6 (2005): 667. http://dx.doi.org/10.1016/j.surg.2005.03.009.

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37

Donaldson, Liam, Carole Kaplan, and Wai-Ching Leung. "The Medical Expert Witness: Time to Regulate Conflicts of Interest." Medicine, Science and the Law 39, no. 1 (1999): 11–16. http://dx.doi.org/10.1177/002580249903900104.

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38

Perry, Shannon E. "The Neuroscience Nurse as an Expert Witness." Journal of Neuroscience Nursing 24, no. 5 (1992): 290–95. http://dx.doi.org/10.1097/01376517-199210000-00011.

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39

Rix, Keith J. B. "Expert evidence and the courts 2. Proposals for reform, expert witness bodies and ‘the model report’." Advances in Psychiatric Treatment 5, no. 2 (1999): 154–60. http://dx.doi.org/10.1192/apt.5.2.154.

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In response to what are regarded as the two principal evils of the civil justice system, costs and delay, Lord Woolf, now Master of the Rolls, has presided over an inquiry which has resulted in some proposed reforms which should change radically the administration of civil justice. The implications for experts are best considered against the background of a brief overview of the proposed reforms. This paper then considers the role of the expert witness organisations and the medical version of ‘the model expert report’.

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40

Ward, Neil O. "The essential and ethical expert: Serving as a medical expert witness in the 21st century." Otolaryngology–Head and Neck Surgery 136, no. 1 (2007): 4–7. http://dx.doi.org/10.1016/j.otohns.2006.10.002.

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41

Samuels, Gordon. "Medical truth and legal proof: Changing expectations of the expert witness." Medical Journal of Australia 168, no. 2 (1998): 84–87. http://dx.doi.org/10.5694/j.1326-5377.1998.tb126721.x.

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42

McDonald, Peter. "The expert medical witness: the good, the bad and the ugly." Trends in Urology & Men's Health 8, no. 2 (2017): 29–31. http://dx.doi.org/10.1002/tre.573.

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43

Hatta, Muhammad. "The Position of Expert Witnesses in Medical Malpractice Cases in Indonesia." Al-Ahkam 18, no. 1 (2018): 47. http://dx.doi.org/10.21580/ahkam.2018.18.1.2306.

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<p class="IABSSS">Medical malpractice is one of the most difficult professional errors to prove. In solving medical malpractice cases, law enforcement is always assisted by doctors by connecting experts to reveal the truth with their expertise. The position of doctors as experts is very important and strategic. However, it is not easy for a doctor who wants to become a expert witness because the relationship of the suspect is a colleague. If the doctor want to be an expert witness then his testimony in court is not objective or impressed protect his colleagues. This study suggests that i

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44

Foucar, Elliott. "Pathology Expert Witness Testimony and Pathology Practice: A Tale of 2 Standards." Archives of Pathology & Laboratory Medicine 129, no. 10 (2005): 1268–76. http://dx.doi.org/10.5858/2005-129-1268-pewtap.

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Abstract Context.—Pathologists work in an environment in which, to the extent possible, diagnostic decisions are based on scientific principles. It can therefore be a rather shocking experience when a pathologist finds one of his or her diagnostic decisions being evaluated by a legal system developed and controlled by lawyers and judges rather than by scientists or pathologists. This experience can be even more troubling when a key participant in the proceedings is a fellow pathologist guiding a jury toward an unfamiliar interpretation of the pathology standard of care. Objective.—To provide t

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45

Baylis, Françoise. "Rebuttal: Expert Ethics Testimony." Journal of Law, Medicine & Ethics 28, no. 3 (2000): 240–42. http://dx.doi.org/10.1111/j.1748-720x.2000.tb00666.x.

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According to Giles Scofield, ethicists can provide expert testimony in descriptive ethics and metaethics, but not normative ethics. Lawrence Schneiderman appears to disagree with this view, and presumably believes that it is appropriate for an expert witness in ethics to provide ethics testimony in all three areas. I draw this conclusion from several claims made in his commentary which aim to show that we would be contending experts if both invited to testify on a case involving claims about futile medical treatment. This disagreement aside, taken together both commentaries suggest that my tes

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46

Haw, C. M., and C. C. Cordess. "Mutism and the Problem of the Mute Defendant." Medicine, Science and the Law 28, no. 2 (1988): 157–64. http://dx.doi.org/10.1177/002580248802800216.

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The psychiatric and neurological causes and assessment of mutism are reviewed. The court procedure for dealing with mute defendants and the ways in which the expert medical witness may aid the court are described. Three case histories of mute, mentally disordered offenders illustrate some of the problems these cases pose for the courts. The need for psychiatric witnesses to understand this complex legal area is stressed.

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47

Lett, Rosalind K. "Medical librarian as expert witness: the truth, and nothing but the truth." Reference Services Review 32, no. 1 (2004): 60–63. http://dx.doi.org/10.1108/00907320410519432.

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48

GAGLIARDI, RAYMOND A. "The Academic Medical Expert Witness A New Confrontation Between Town and Gown." Investigative Radiology 23, no. 8 (1988): 636–38. http://dx.doi.org/10.1097/00004424-198808000-00019.

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49

Crosby, Edward. "Medical malpractice and anesthesiology: literature review and role of the expert witness." Canadian Journal of Anesthesia/Journal canadien d'anesthésie 54, no. 3 (2007): 227–41. http://dx.doi.org/10.1007/bf03022645.

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50

Jarvis, Gavin E. "Misjudging early embryo mortality in natural human reproduction." F1000Research 9 (July 14, 2020): 702. http://dx.doi.org/10.12688/f1000research.22655.1.

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In 2002, in a judgment relating to the use of the morning-after pill, Mr Justice Munby held that pregnancy begins with the implantation of an embryo into the uterus of a woman. The case involved a large body of expert witness evidence including medical and physiological details of human reproduction. Munby J. emphasised one particular aspect of this evidence: namely, the developmental failure rate of human embryos after fertilisation. Under natural conditions, embryo loss is approximately 10-40% before implantation, and total loss from fertilisation to birth is 40-60% (Jarvis, 2016). By contra

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