Surgeon Sues Orthopaedic Boards Over Expert Witness Rules

A UT Health San Antonio professor is challenging his expulsion from medical boards following his testimony in malpractice cases.

Updated on Oct. 28, 2026 in Arthritis

Bold flat-color editorial illustration depicting a single, heavy stone-like slab casting a sharp shadow, symbolizing institutional policy conflict. — Dr. Thomas DeBerardino has sued two major orthopaedic boards after they expelled him for providing expert testimony in medical malpractice litigation. AI Illustration. Upload story photo >

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Should professional medical organizations be allowed to discipline members for their testimony in malpractice lawsuits?

UT Health San Antonio professor Dr. Thomas DeBerardino has filed a lawsuit against the American Academy of Orthopaedic Surgeons and the American Association of Orthopaedic Surgeons. The legal action follows the board's decision to expel him from the organizations after he served as an expert witness in nearly 100 medical malpractice cases.

Why it matters

This dispute highlights the ongoing tension between professional medical organizations and their members regarding the regulation of expert witness testimony in malpractice litigation. The outcome may clarify the extent to which private medical boards can police the speech and testimony of physicians acting as legal experts.

Four grievances were filed against Dr. DeBerardino between 2022 and 2024, resulting in two one-year suspensions and eventual expulsion in 2026. These actions followed his participation in nearly 100 malpractice cases over 13 years, with the legal dispute currently pending judicial review.

The players

Thomas DeBerardino

A professor at UT Health San Antonio who served as an expert witness in nearly 100 medical malpractice cases over 13 years.

American Academy of Orthopaedic Surgeons

A medical professional society that sets standards for musculoskeletal care and maintains a compliance program for expert testimony.

American Association of Orthopaedic Surgeons

An organization founded by the American Academy of Orthopaedic Surgeons that adjudicates member grievances.

The details

The American Academy of Orthopaedic Surgeons and the American Association of Orthopaedic Surgeons maintain a professional compliance program established in 2005 to review expert witness testimony. The board adjudicates grievances and can discipline members deemed to have provided unfair or knowingly false testimony regarding accepted standards of care. Dr. DeBerardino alleges this process infringes upon his First Amendment rights after he testified in a case that resulted in a $12.5 million jury award.

2005: The organizations established their professional compliance program.
2022-2024: Four doctors filed grievances against Dr. DeBerardino.
October 2024: The board announced two one-year suspensions for the doctor.
February 2026: The board voted to expel Dr. DeBerardino.
October 22, 2026: Dr. DeBerardino filed a lawsuit in U.S. District Court.

Health Landscape

This litigation highlights the increasing friction between private medical specialty boards and the role of physicians in the legal system. It represents a significant test of how professional oversight mechanisms interact with protected speech in the context of malpractice litigation.

This case underscores the professional standards doctors are held to when reviewing or critiquing medical care in legal settings. Patients navigating malpractice claims should consult with their legal counsel to understand how expert testimony influences the interpretation of surgical outcomes.

The takeaway

The case emphasizes the importance of professional guidelines for expert testimony in the medical community. Patients involved in malpractice discussions may wish to speak with their physician or legal representative to clarify the role of expert reviews in their specific medical situation.