Physicians should not accept forensic employment as an expert consultant or expert witness unless they have the required education and other credentials in the subject area for which they wish to be retained. (American Medical Association, Council on Ethical and Judicial Affairs, Current Opinions, Policy E-9.07.) When a physician overstates his or her level of expertise, not only does he or she run the risk of providing negligent or incompetent advice, but also runs the risk of having his or her testimony excluded under the stringent requirements for expert testimony found in cases such as Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579, 125 L.Ed. 2d 469, 113 S.Ct. 2786 (1993); and Kumho Tire Co. v. Carmichael, 526 U.S. 137, 143 L.Ed. 2d 119, S.Ct. 1167 (1999).
Solution
Only provide expert consultation or testimony in areas where you are board certified and/or have extensive expertise.