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Guidelines for expert testimony in pediatric radiology

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Abstract

Pediatric radiologists have the professional and ethical duty to assist, inform and educate the legal system in regard to matters involving medical imaging in children. These guidelines, drafted by the Society for Pediatric Radiology Ethics Committee and approved by the Society for Pediatric Radiology Board of Directors, provide recommendations for expert legal testimony in pediatric radiology and codify minimal ethical norms for the pediatric radiology expert witness in legal proceedings.

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Acknowledgments

The authors are grateful to Sandeep K. Narang, M.D., J.D., of the American Academy of Pediatrics and the Ray E. Helfer Society for review of these guidelines and for his guidance. The authors also acknowledge the support of Angela Davis, Executive Director of the Society for Pediatric Radiology.

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Authors and Affiliations

  1. Section of Pediatric Radiology, C. S. Mott Children’s Hospital, Room 3-231, Department of Radiology, Michigan Medicine, 1540 E. Hospital Drive, Ann Arbor, MI, 48109-4252, USA

    Peter J. Strouse

  2. Department of Radiology, Boston Children’s Hospital, Boston, MA, USA

    Michael J. Callahan & Stephen D. Brown

  3. Department of Radiology, Children’s Hospital Colorado, Aurora, CO, USA

    Aparna Annam

  4. Department of Diagnostic Imaging, UCSF Benioff Children’s Hospital Oakland, Oakland, CA, USA

    Taylor Chung

  5. Edward Singleton Department of Radiology, Texas Children’s Hospital, Houston, TX, USA

    R. Paul Guillerman

  6. Department of Radiology, Columbia University, New York, NY, USA

    Diego Jaramillo

Authors
  1. Peter J. Strouse
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  2. Michael J. Callahan
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  3. Aparna Annam
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  4. Stephen D. Brown
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  5. Taylor Chung
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  6. R. Paul Guillerman
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  7. Diego Jaramillo
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Corresponding author

Correspondence to Peter J. Strouse.

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The Society for Pediatric Radiology Ethics Committee: Michael J. Callahan, M.D. Chair, Aparna Annam, D.O., F.A.A.P. Stephen D. Brown, M.D. Taylor Chung, M.D. R. Paul Guillerman, M.D. Diego Jaramillo, M.D., M.P.H. Peter J. Strouse, M.D., F.A.C.R. These guidelines were approved and endorsed by the Society for Pediatric Radiology Board of Directors on November 14, 2020.

Society for Pediatric Radiology Expert Witness Affirmation Statement

Society for Pediatric Radiology Expert Witness Affirmation Statement

When serving as an expert witness, the Society for Pediatric Radiology member must present their own expertise and opinions. Testimony of The Society for Pediatric Radiology members does not represent the opinion or position of The Society for Pediatric Radiology. This statement is a proactive and affirmative obligation.

As a member of the Society for Pediatric Radiology, I will adhere to the following principles when providing expert witness testimony:

  1. 1.

    I am familiar with the qualifications, responsibilities and requisites of an expert witness as specified in the Society for Pediatric Radiology Guidelines for Expert Testimony published in Pediatric Radiology.

  2. 2.

    I will always be truthful.

  3. 3.

    I will provide testimony that is impartial, scientifically based and clinically valid. My testimony will be independent of and unbiased by the litigant who summoned me.

  4. 4.

    I will have appropriate education, training and practical experience as well as licensure and board certification, to be deemed an expert in the subject of the case.

  5. 5.

    I will be familiar with the applicable standards of care in the jurisdiction in which I testify and recognize that physicians with a different level of expertise may still practice within the standard of care.

  6. 6.

    I will review relevant materials sufficiently to assure an informed and fair opinion and I will form opinions based on the information available at the time of the incident under review.

  7. 7.

    I will be familiar with and prepared to address the known or potential limitations of my opinion as well as the degree to which that opinion is accepted in the medical community. If I express an opinion which is not generally accepted in the medical community, then I will state this to be so.

  8. 8.

    I will not accept compensation contingent to the outcome of the case. I will not accept compensation in significant excess of prevailing rates for compensation for similar expert witness work.

  9. 9.

    I will not present my personal opinions as representative of policy positions of the Society for Pediatric Radiology.

  10. 10.

    I understand that I can be held accountable for statements made during a legal proceeding and that my testimony is subject to peer review.

Name:______________________________________________ Signature: ________________________________________________________Date:______________

Please note: The Society for Pediatric Radiology will not accept an affirmation statement which has been altered. Violation of the above principles may result in disciplinary review if reported to the Society for Pediatric Radiology Ethics Committee. This Affirmation Statement shall expire only upon a written rescission of the document.

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Strouse, P.J., Callahan, M.J., Annam, A. et al. Guidelines for expert testimony in pediatric radiology. Pediatr Radiol 51, 1275–1280 (2021). https://doi.org/10.1007/s00247-021-05046-3

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  • DOI: https://doi.org/10.1007/s00247-021-05046-3

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