In a compelling editorial published in Surgical Neurology International, Dr. Nancy E. Epstein sheds light on the troubling practices of the American Association of Neurological Surgeons (AANS), particularly its Professional Conduct Committee (PCC), which has been accused of intimidating neurosurgeons from testifying on behalf of patients in malpractice cases.
Attorney Byron Miller, founder of Miller Medical Malpractice in San Antonio, Texas, contributes a poignant commentary to this discussion, highlighting the pervasive "conspiracy of silence" within the Texas medical community.
“There is a conspiracy of silence in Texas as to physician experts testifying on the behalf of injured and deceased patients,” Miller asserts. He elaborates on the systemic issues contributing to this silence, including:
- Broad quality assurance privileges that often obscure critical facts from medical records.
- A fraternal code among physicians discouraging testimony against peers.
- A general reluctance among doctors to engage in litigation supporting patient claims.
- The Texas Medical Board's inadequate enforcement, allowing negligent practitioners to continue practicing unchecked.
Miller emphasizes the challenges faced when seeking expert testimony within Texas, noting that his investigations often necessitate consulting with out-of-state physicians due to the local reluctance to testify.
He also points out the double standards in the scrutiny of expert testimonies:
“The double standard with competing plaintiff and defense experts is real. There appears to be a much laxer standard for defense expert testimony.”
Miller recounts instances where defense experts have provided testimony that starkly contradicts established medical literature and standards of care, yet face little to no repercussions.
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