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January 04, 2006

Remember that follow up question

This San Diego Union-Tribune story reminded me that, in asking questions about the credentials of an expert witness, it's usually a good idea to ask a few follow-up questions before moving on to other areas:

The Medical Board of California is investigating whether a surgeon it used as an expert witness lied about his qualifications when testifying against other doctors in disciplinary hearings.

According to a transcript of the hearing, [Dr. Don J.] Schiller implied he currently was certified by the American Board of Surgery when questioned by Deputy Attorney General Mary Agnes Matyszewski. But Schiller . . . has not been a board certified surgeon for 18 years, though his resume indicates he is certified and he has sworn under oath to being certified.

In an interview, Schiller said that when he testifies as an expert witness, he says he was certified by the American Board of Surgery in 1977. But he doesn't volunteer that he has not renewed the certification.

"If I am ever asked if I was re-certified I say 'no,'" Schiller said.

And that's how he testified Sept. 23 in the San Diego case:

"Are you board certified, sir?" deputy attorney general Matyszewski asked, according to a transcript of the hearing.

"I was certified by the American Board of Surgery in 1977," Schiller responded before Matyszewski moved on to other questions about his professional background.

Posted by Tom at January 4, 2006 07:04 AM

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