Friday, May 20, 2005

A very scary law

PointOfLaw, via MedPundit, writes that N.J. bans "retaliating" against expert witnesses.
Last year, in a little-noted and last-minute amendment to medical malpractice legislation, the New Jersey legislature enacted a measure banning "retaliatory action" relating to the employment or credentialing of persons because of their delivery of expert testimony in legal proceedings. Specifically, the bill provides as follows:

An individual or entity who threatens to take or takes adverse action against a person in retaliation for that person providing or agreeing to provide expert testimony, or for that person executing an affidavit pursuant to the provisions of P.L.1995, c.139 (C.2A:53A-26 et seq.), which adverse action relates to that person's employment, accreditation, certification, credentialing, or licensure, shall be liable to a civil penalty not to exceed $10,000 and other damages incurred by the person and the party for whom the person was testifying as an expert.

What about the case I described here? While not completely an actual case, the testimony of the neurological "expert" was from an actual case. Shouldn't that neurologist be sanctioned in some way? Why should he be allowed to say anything he wants without any concern for his reputation or privileges?