Luria points out studies which warn of impending shortages in biomaterials and critical medical implants because suppliers are increasingly unwilling to risk unlimited liability for their medical products. Dow Corning, the breast implant manufacturer, was forced into bankruptcy because of thousands of suits filed on behalf of patients who had silicon implants. Although these patients claimed a variety of autoimmune illnesses as a result of their implants, a number of large, scientifically sound epidemiological studies show no link between silicon breast implants and autoimmune disease, Luria said. Luria contends that questionable science can establish a new standard of care for physicians, one based on the law of the courtroom rather than the laws of science, in turn forcing physicians into providing unnecessary care out of fear of litigation. It's a legal system that exercises little control over the quality of testimony from purported experts that Luria finds is at fault.
Perjury is rampant and what's going on in Washington just makes it worse.
George Indest, an Orlando attorney who concentrates in healthcare law agrees. Indest cites the example of an expert who signed a pre-suit affidavit certifying processional negligence, even though the expert have never asked for, received or reviewed the patient's medical records. A process for peer review of expert testimony is an idea whose time has come, Indest said. Moreover, even when outright falsehoods are told on the stand, few prosecutors will pursue a charge of perjury, leaving corrupt experts free to sell their services, Indest added. Florida law puts some limits on expert witnesses, including a provision that an expert who has been repeatedly disqualified by a trial court cannot offer evidence at trial.