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Model Resolutions
RESOLUTION CONCERNING MALPRACTICE TESTIMONYResolution #1: MALPRACTICE TESTIMONY Whereas, The Illinois State Medical Society has determined a crisis has occurred with respect to the filing of baseless medical malpractice litigation; and Whereas, Physician expert testimony in malpractice litigation constitutes the practice of medicine in many states; and, Whereas, currently no system exists to accurately tabulate and report the names of those physicians who give "expert testimony"; therefore be it RESOLVED, That it be the policy of The Illinois State Medical Society and its respective branches to ensure the accurate tabulation and reporting of those physicians giving expert testimony in Medical Malpractice Litigation who are licensed in the state of Illinois; and be it further RESOLVED, That Medical Malpractice Litigation be defined as litigation involving malpractice, negligence or wrongful death against a licensed healthcare professional as heretofore defined : a medical, osteopathic, podiatric physician or surgeon.) within the United States of America; and be it further RESOLVED, That reporting shall encompass those physicians licensed in Illinois and any and all medical litigation regardless of jurisdiction in the United States of America; and be it further RESOLVED, That reporting shall specify whether the physician testified for the plaintiff or defendant, as two separate lists shall be compiled and records shall specify the city and state in which the litigation was filed; and be it further RESOLVED, That Public and Private legal records may be used for accumulating data; and be it further RESOLVED, That The Illinois State Medical Society shall encourage sharing of formulated lists with the respective medical society(s) within which the litigation was filed; and lists shall be available to medical society members upon request; and be it further RESOLVED, That the ISMS House of Delegates direct that a similar resolution be submitted to the American Medical Association for Adoption.
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