Can Medical Board Discipline Be Used If a Doctor Testifies in Court?
When doctors testify as expert witnesses, or in defense of a colleague or themselves in a medical malpractice case, the question often arises: Can a medical board disciplinary finding be introduced against the testifying doctor in court?
When a Medical Board Finding Can Be Used
1. Dishonesty-Related Findings If the medical board finding relates to dishonesty, it may be introduced as evidence.
2. Findings Relevant to the Case If the medical board finding relates to the same facts as the case where the doctor is testifying, it may be deemed relevant and admissible.
When a Medical Board Finding Cannot Be Used
General Inadmissibility Otherwise, such evidence is generally not admissible. According to the Court of Appeal in the case Hinson v. Clairemont Community Hospital (1990) 218 Cal.App.3d 1110, there are specific limitations on what evidence can be introduced regarding a defendant's medical training in a medical negligence action.
Case Insight: Hinson v. Clairemont Community Hospital
The court in Hinson v. Clairemont Community Hospital determined that only evidence showing whether a physician meets the "minimum or threshold qualifications" to practice medicine—such as graduating from medical school, passing medical boards, and receiving certification—is admissible (Id., at p. 1120). Additional details about the physician's training are considered inadmissible character evidence.
The court stated: > “Beyond showing that an individual failed to complete his or her medical training or was denied certification to practice medicine, details of one's medical education or training are not relevant to show a breach of the standard of care; such evidence is essentially character evidence tending to show one's character for skill, competence, or negligence. Such character evidence has generally been held inadmissible” (Id., at p. 1120).
Furthermore, under the Evidence Code, evidence of a defendant's character for skill or care is not admissible to show the defendant was negligent on a particular occasion (Ibid.; see Evid. Code, § 1104). This is because such evidence is considered "too remote" and could mislead the jury (Hinson v. Clairemont Community Hospital, supra, 218 Cal.App.3d at p. 1121). In a medical negligence case, the focus is on whether the doctor's specific treatment of the plaintiff was negligent, not on the doctor's general reputation for skill (Ibid).
Legal Code Reference
Evid. Code § 1104; Hinson v. Clairemont Community Hospital (1990) 218 Cal.App.3d 1110, 1122: > Evidence of a person's character trait with respect to care or skill (or lack thereof) is inadmissible to prove the quality of his or her conduct on a specified occasion.
Legal Assistance
If you are a physician with a public medical board finding, our physician medical lawyers can assist in preparing the appropriate motion to exclude any mention of such findings in a court proceeding.
For expert guidance on navigating these legal intricacies, consult with our experienced medical lawyers.