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Can the court put restrictions on an IME?

The US District Court, D. New Mexico dealt with the plaintiff, Maes, who was injured in an auto accident. When the insurer attempted to set-up an IME the plaintiff objected to the IME arguing it was not necessary and if ordered, the court should place restrictions on the IME. The court dealt with the 8… read more

Can IME physicians be sued for injuring a plaintiff during an IME?

Can IME physicians be sued for injuring a plaintiff during an IME?  The answer in some cases is YES. The Washington Court in Reagan v. Newton 436 P.3d 411 (2019) dealt with the following allegation: In May 2014, Dr. Newton, an orthopedic physician, and Dr. Dennis Chong, a physiatrist, performed Reagan’s IME. Reagan’s sister-in-law, Lisa… read more

Deposition Preparation

Expert witnesses should anticipate and be able to effectively deal with numerous areas of inquiry at their deposition. Here are some of the areas all experts should prepare for. Advertising: What advertising or marketing have you done? Bias: What biases can you be accused of (e.g. fees, hired fun, personnel, plaintiff/defense, political, etc.). Credibility: Has… read more

How and Why Expert Witnesses Get Excluded

There are many reasons why expert witnesses are increasingly being excluded from testifying. Attorney Joshua E. Garner, special counsel at the U.S. Department of Justice writing for SEAK, Inc. explains with the following article: HOW AND WHY EXPERT WITNESSES GET EXCLUDED Joshua E. Gardner EXECUTIVE SUMMARY In federal court, experts tend to get excluded for… read more

Informing Expert Witnesses of Daubert Challenges

Steven Babitsky, Esq. An expert who is retained by counsel as an expert witness has a Daubert or similar challenge filed against her. The Daubert motion is received by counsel. Does counsel have an obligation to notify the expert witness that the motion has been filed? There are many reasons that counsel needs to promptly… read more

Supplemental Income for Physicians: Telemedicine

One of the fastest growing opportunities for supplemental income for physicians will be in telemedicine. This will include tele-consulting and telephone opportunities. The U.S. Telemedicine Market is expected to cross USD 64 billion by 2025; according to a new research report by Global Market Insights, Inc. Increasing prevalence of chronic diseases is one of the… read more

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