No, you usually cannot sue the other side's medical expert for money damages over a false opinion. A medical expert witness, a doctor hired to explain medical issues and give an opinion in a case, is generally shielded by witness immunity or litigation privilege for courtroom or deposition testimony. That shield applies even when the opinion is alleged to be false. For people seeking compensation, the practical path is to defeat the opinion inside the case, not to file a second lawsuit against the doctor.
Table of Contents
- Why can't the losing side sue?
- When can an expert face a lawsuit?
- Can false testimony still bring punishment?
- What should you do about a dubious opinion?
Why can't the losing side sue?
Losing parties usually cannot recover damages from the other side's medical expert. Dermatology Times reports that the privilege covers courtroom and deposition testimony even when the opinion is alleged to be false shield rule explained by Dermatology Times. The Fourth Circuit applied that rule in Day v. Johns Hopkins Health System, No.
17-2120 (2018). The Expert Institute describes a 2-1 decision barring federal RICO, fraud, misrepresentation and unjust-enrichment claims against a doctor whose black-lung testimony denied miners benefits. Dermatology Times also reports the reason courts give for the rule. Fear of later suit would deter witnesses and distort testimony meant to help find truth.
When can an expert face a lawsuit?
The main exception helps the party that hired the expert, not the opponent. That client can sue its own expert for negligence or breach of contract over faulty preparation. The Antoinette M. Tease law firm notes that the Pennsylvania Supreme Court permitted such a claim in LLMD of Michigan v. Jackson-Cross Co., 740 A.2d 186 (1999) negligence exception discussed by the Tease law firm.
The difference is the relationship. A hired expert owes duties of care and contract to the client. An opposing expert owes no such duty to the other side. Faulty preparation can include poor record review, missed testing, or an unready opinion. That type of claim belongs to the hiring party.
Can false testimony still bring punishment?
Yes, but punishment usually comes as criminal or professional action, not damages to the opponent. Knowingly false sworn testimony remains criminal perjury. The U.S. Government Publishing Office text of 18 U.S.C.
section 1621 punishes one who willfully states material matter he does not believe true after oath with fine or up to five years imprisonment. False or misleading medical testimony can also trigger professional discipline. The Expert Institute reports this can include specialty-society sanction or state licensing-board action for unprofessional conduct, rather than a civil damage award to the opponent. The American Medical Association Code, Opinion 9.7.1, sets related duties for physician witnesses. The Association requires doctors to accurately represent qualifications, testify honestly, and avoid outcome-contingent fees, and says societies and boards should assess false testimony and impose sanctions medical testimony duties in the AMA Code.
What should you do about a dubious opinion?
The Expert Institute reports the practical approach for litigants. Challenge the opinion inside the case through cross-examination, contrary experts, and exclusion motions, while reporting knowing falsehoods for perjury or board review.
Suing the opponent's expert for money damages is normally barred and varies by state. Ask a local litigation lawyer promptly about deadlines and the rules in your state.
- Ask your lawyer about cross-examination on methods, records, and assumptions
- Offer a contrary medical expert with stronger support
- Seek exclusion of unreliable testimony before or during trial
- Save proof of any known lie for prosecutors or the licensing board