WUSM Policy on Expert Witness Testimony Updated & Approved by FPP Board of Directors June 2013
Expert Witness Policy Policy recently revised and approved by FPP Board • Applies to any and all work faculty members do as legal consultants/expert • witnesses This work is typically done on the faculty member’s own time, consistent with the • policy on Consulting Privileges, and the faculty member retains the expert witness fees but also any associated costs Different from Policy on Fact Witness Testimony that applies when you are • called upon to provide testimony relating to your care of a patient (in which case you need to call Risk Management, who will appoint counsel and assist you with providing that testimony) 2
Expert Witness Policy • Revised policy no longer requires reporting every instance of expert witness work to Risk Management (but you still need to have an Expert Witness Affirmation signed and on file with RM) • Policy clarifies that you should not serve as a retained expert witness on cases in which WUSM provided any medical care to the patient involved in the lawsuit • Consistent with Policy on Conflicts of Interest in Clinical Care, if expert witness work is for pharma/industry, FMV limitations apply to fees that can be charged (generally not to exceed $500/hour); this limitation applies only to legal consulting for pharma/industry, not to med-mal or other types of expert legal work 3
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