e Podiatry Consent Forms

An Emerging Competitive Peril

By Dr. David Edward Marcinko; FACFAS, MBA

In the past, a podiatric medical expert witness for the plaintiff was merely an opposing opinion by a learned colleague. Today, it is becoming a risk management minefield as the AMA/APMA/AOA and other groups are urging state medical licensing boards to police expert witnesses, which might require expert testimony be considered the practice of podiatric medicine.

The AANS

This seems especially true with the Rolling Meadows Illinois based American Association of Neurological Surgeons (AANS).

Feuding Members

Currently, a member of the AANS can file a complaint against any fellow member for testimony as either an expert witness for the plaintiff, or defense witness for the doctor. A committee of four then reviews the court records and requires the accuser to face the accused in a formal review. Sanctions range form three months to a year, to complete expulsion from the association. In the past twenty years, the program has reviewed 27 cases all involving plaintiff testimony. One led to expulsion and ten to suspension.

Assessment

Since 2001, the courts are beginning to take the AANS process seriously. After years of operations without strong legal backing, the program was upheld by the 7^th Circuit Court of Appeals, in Chicago by a neurosurgeon whom the group suspended in 1997. So always remember, if you testify falsely against a fellow podiatrist, or too far from the norm, you may be at risk.

Conclusion:

As a podiatrist, what conclusion might an opposing expert witness draw from a review of your consent-form documents; and/or informed consent process?

Speaker: If you need a moderator or speaker for an upcoming event, Dr. David E. Marcinko MBA is available for medical seminars or other speaking engagements. Contact: MarcinkoAdvisors@msn.com  or Bio: www.stpub.com/pubs/authors/MARCINKO.htm

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Related Information Sources:

Board Preparation: www.PodiatryPrep.com

Practice Management: http://www.springerpub.com/prod.aspx?prod_id=23759

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Medical Risk Management: http://www.jbpub.com/catalog/9780763733421

Healthcare Organizations: www.HealthcareFinancials.com

Health Administration Terms: www.HealthDictionarySeries.com

Physician Advisors: www.CertifiedMedicalPlanner.com

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