220. Legal Medicine
220.998 Position Paper: Expert Witness
The Colorado Medical Society considers the tactics by some attorneys in demanding production of information not related to the independent medical examination (IME) itself, as inappropriate, burdensome and harassing. Following is a list of items considered inappropriate and may be considered a violation of Health Insurance Portability and Accountability Act (HIPAA) if releases are not obtained:
- Tax records
- Patient claim or chart information not related to this specific case
- Specific names of previous IME patients
- Specific names of businesses and insurance companies with whom the physician has formed a business relationship
Note: The Physician has an ethical responsibility to disclose relationships that may result in a conflict of interest.
The Colorado Bar Association, the Plaintiff’s Bar and others should condemn these tactics.
Following is a list of information that may be requested and is considered appropriate for disclosure. Law does not mandate the information in bold print.
- Amount of compensation for the study and testimony
- Percent of physician’s practice devoted to IMEs
- Qualifications (curriculum vitae)
- A list of any other cases the witness has testified as an expert at trial or by deposition within the preceding four years
- A list of all publications authored by the witness within the preceding ten years
(Motion of the Board, February 1995; Reaffirmed, BOD-1, AM 2014)