Orthopedic Expert Medical Witness

Expert Witness Affirmation Statement

The American Association Of Orthopedic Surgeons has list of ten declarations to uphold professional principles in providing expert evidence or expert witness testimony.


As a member of the medical profession and a Fellow or Member of the American Academy of Orthopaedic Surgeons/American Association of Orthopaedic Surgeons (AAOS), I affirm my duty, when giving evidence or testifying as an expert witness, to do so solely in accordance with the merits of the case.  Furthermore, I declare that I will uphold the following professional principles in providing expert evidence or expert witness testimony:

1.     I will always be truthful.

2.     I will conduct a thorough, fair and impartial review of the facts and the medical care provided, not excluding any relevant information.

3.     I will provide evidence or tesity only in matters in which I have relevant clinical experience and knowledge in the areas of medicine that are the subject of proceeding.

4.     I will evaluate the medical care provided in light of generally accepted standards nor endorsing or condoning performance that falls below these standards.

5.     I will evaluate the medical care provided in light of generally accepted standards that prevailed at the time of the occurrence.

6.     I will state where my opinion honestly varies from generally accepted standards.

7.     I will provide evidence or testimony that is complete, objective, scientifically based, and helpful to a just resolution of the proceeding.

8.     I will make a clear distinction between a departure from accepted practice standards and an untoward outcome, making every effort to determine whether there is a causal relationship between the alleged substandard practice and the medical outcome.

9.     I will submit my testimony to scrutiny, if requested, by professional organizations, hospitals, peer review bodies, and state medical and/or licensing boards, as appropriate.

10.    I will not accept compensation that is contingent upon the outcome of the litigation.

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Guidelines of Conduct of the American Board of Independent Medical Examiners


Physicians should:

1.  Be honest in all communications;

2.  Respect the rights of examinees and other participants, and treat these individuals with dignity and respect;

3.  At the medical examination:

a.  Introduce himself/herself to the examinee as the examining physician;

b.  Advise the examinee they are seeing him/her for an independent medical examination, and the information provided will be used in the assessment and presented in a report;

c.  Provide the examinee with eh name of the party requesting the examination, if requested;

d.  Advise the examinee that no treating physician-patient relationship will be established;

e.  Explain the examination procedure;

f.  Provide adequate draping and privacy if the examinee needs to remove clothing for the examination.

g.  Refrain from derogatory comments; and

h.  Close the examination by telling he examinee that the examination is over and ask if there is further information     the examinee would like to add.

4.  Reach conclusions that are based on facts and sound medical knowledge and which the independent medical examiner has adequate qualifications to address;

5.  Be prepared to address conflict in a professional and constructive manner;

6.  Never accept a fee for services which are dependent upon writing a report favorable to the referral service; and

7.  Maintain confidentiality consistent with he applicable legal jurisdiction.

(Reproduced from the American Board of Independent Medical Examiners.)