Public Health Law Map - Beta 5 - Medical and Public Health Law Site

Fish R, Rosen P. Physicians should be expert witnesses. J Emerg Med.
1990;8:659–663.
Higgins LC. MD (medical director) witnesses: who are these experts? Med World
News. 1988;29:28–36.
Lundberg GD. Expert witness for whom? JAMA. 1984;252:251.
Miller D. Courtroom science and standards of proof. Lancet. 1987;2:1283–1284.
Robertson WO. Expert Witness Controversies in Medical Malpractice: A
Preventive Approach. Seattle, WA: University of Washington Press; 1985:124–
136.
Robertson WO. Some ‘experts’ may not be all that expert. WSMA Rep. June 1988:4.
Statement on Qualifications and Guidelines for the Physician Expert Witness.
Council of Medical Specialty Societies; 1989.
Acknowledgment: The Committee on Medical Liability gratefully acknowledges
the contributions of the American College of Obstetricians and Gynecologists
(Ethical Issues Related to Expert Testimony by Obstetricians and Gynecologists)
and the Council of Medical Specialty Societies (Statement on Qualifications and
Guidelines for the Physician Expert Witness) in the development of this policy
statement.
Note: The recommendations in this statement do not indicate an exclusive course
of treatment or serve as a standard of medical care. Variations, taking into account
individual circumstances, may be appropriate. PEDIATRICS (ISSN 0031 4005).
Copyright © 1994 by the American Academy of Pediatrics.
Source: Reprinted with permission from Guidelines for Expert Witness Testimony
in Medical Liability Cases, Pediatrics, Vol. 94, No. 5, pp. 755–756, © 1994,
American Academy of Pediatrics.
E. Posttrial
At the conclusion of the trial, the judge or jury will render a judgment: a decision on
whether the defendant owes the plaintiff money. In a take nothing judgment, the
defendant owes the plaintiff no money. For a certain period, the judgment may be
appealed. If it is not appealed or if the court rejects the appeal, the judgment becomes
payable. In some situations, the judgment is apportioned into periodic payments, but in
most cases the full value of the judgment is due in cash.
The judgment entered in a case is final unless an affected party can convince the
appeals court that it should be reversed or modified because of legal errors. A common
request is that a large judgment be reduced (remitted) as being unsupported by the
facts. In most states, the judge who tried the case has the right to order that the plaintiff
take less money than the jury has awarded. If the plaintiff refuses, the judge can order
that the case be retried. When a case is accepted for review by a higher court, the
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