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Impartial Medical Testimony

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  • Bernard Botein

    (Appellate Division of the Supreme Court of the state of New York, First Department)

Abstract

An impartial medical testimony program provides in essence for the establishment of panels of outstanding, neu tral experts in each of the branches of traumatic medicine. Whenever the medical claims of the contending parties in per sonal injury lawsuits seem irreconcilable, the court may desig nate a physician from the appropriate panel, who will report his findings to the judge and the respective attorneys and pos sibly testify if the case goes to trial. The program, in concep tion and operation, has a two-fold purpose. It is an important factor in the never ending campaign to reduce court congestion and delays, although far from a cure-all for that problem. It is also a very effective instrument in the pre-trial arsenal of measures designed to make a trial a fair and knowledgeable search for the truth. The impartial medical testimony program serves directly and indirectly to discourage the "battle of ex perts" in the courtroom, which often confuses lay jurors and judges, degrades the judicial process, and stigmatizes two great professions.

Suggested Citation

  • Bernard Botein, 1960. "Impartial Medical Testimony," The ANNALS of the American Academy of Political and Social Science, , vol. 328(1), pages 75-83, March.
    • Handle: RePEc:sae:anname:v:328:y:1960:i:1:p:75-83
    DOI: 10.1177/000271626032800110
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