Punishing Medical Experts for Unethical Testimony: A Step in the Right Direction or a Step too Far?

TitlePunishing Medical Experts for Unethical Testimony: A Step in the Right Direction or a Step too Far?
Publication TypeJournal Article
Year of Publication2004
AuthorsResnik, DB
JournalJournal of Philosophy Science and Law
Volume4
Date Published12/2004
Publication LanguageEnglish
KeywordsExpert Witness , MEDICINE
AbstractFew people would disagree with the importance of ensuring that expert witnesses provide testimony that is ethical and competent. Since many legal cases depend heavily on the testimony of experts, unethical or incompetent testimony can dramatically affect the outcome of such cases. But how should society respond to this potential problem of unethical or incompetent expert testimony? This paper will address these issues and formulate a proposal for dealing with unethical or incompetent expert testimony. It will argue that rules for expert witness conduct must be unambiguous and fair. The rules should help deter unethical and incompetent testimony without undermining important values, such as free speech, due process, and access to the courts. To accomplish these goals, this paper will (1) provide an overview of expert testimony in the U.S.legal system; (2) consider the problem of unethical and incompetent testimony, and how the U.S.legal system responds to this problem, and (3) consider some of the legal, ethical and policy issues raised when organizations sanction experts for their testimony.
URLhttp://jpsl.org/archives/punishing-medical-experts-unethical-testimony-step-right-direction-or-step-too-far/
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