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Prisoner Medical Clearance Expert Witness: What Happens in the Emergency Room?

By, Brian Pisula, MD, FAAEM  Introduction Emergency Departments (EDs) regularly evaluate and treat individuals in custody by law enforcement, local jails as well as state and federal prisons. An emergency physician can be asked to evaluate a patient prior to that individual being incarcerated. Alternatively, an individual who has already been incarcerated for a period… read more

Bariatric Surgery Complications Expert Witness: Issues Commonly Addressed in Medical Malpractice Litigation

By Kent C. Sasse, MD Bariatric surgery is increasingly accepted across specialties as an integral treatment for not only type two diabetes and morbid obesity, but also degenerative joint disease of the knees and hips, obstructive sleep apnea, pseudotumor cerebri, severe hypertension, and a host of other obesity-related health problems. So, while the bariatric procedure is… read more

Copyright Damages Expert Witness: How Copyright Damages are Established under U.S. Law

By John N. Haut, JD, MBA, CPA Copyright Protection and Remedies for Infringement The Copyright Act affords protection for “original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or… read more

Cannabis Receivership Expert Witness: Roles, Scenarios and Outcomes

By Peter Ingersoll, CCIM What Is a Cannabis Receivership? Unlike the products sold by traditional business, cannabis is categorized as a Scheduled Drug by the DEA, hence cannabis businesses are prohibited from filing bankruptcy in any Federal Court to restructure lease terms, shed debt, put litigation on hold, or arrange to recapitalize the business. This… read more

Shoulder Injury Related to Vaccine Administration (SIRVA) Expert Witness: Background, Anatomy, Symptoms & Treatment

By ASIF ILYAS, MD, MBA, FACS INTRODUCTION Shoulder injury related to vaccine administration (SIRVA), is an avoidable sequelae of vaccine placement. Although the far majority of shoulder discomfort from shoulder vaccinations are temporary and self-limited, there remains a risk for potential injury or irritation of shoulder structures from errant injections and / or tissue response… read more

Postpartum Hemorrhage (PPH) Expert Witness: A Discussion of the Asymptomatic Yet Critically Ill Patient

By William Madland, MD, FACOG   INTRODUCTION Postpartum hemorrhage (PPH) is defined as cumulative blood loss of greater than or equal to 1000 ml within 24 hours after birth, regardless of route of delivery. It is the leading cause of maternal death worldwide (1). Hemorrhage requiring blood transfusion is the leading cause of severe maternal… read more

Sample Accident Reconstruction Expert Witness Cross-Examination

By Kelly Wilbur, Esq. Accident reconstruction expert witnesses commonly testify in civil and criminal trials involving motor vehicle accidents.  Below is a sample cross-examination of an accident reconstruction expert witness.  The cross is fairly brief and focuses on how the analysis was done, what computations the expert failed to do, the fact that the expert… read more

Sample Affidavit of Merit

By Kelly J. Wilbur, Esq. Medical malpractice actions are unusual in that many states require patients (i.e. plaintiffs) to demonstrate that they have expert witness support for their medical malpractice allegations before suit is filed. Such requirements are grounded in either state statutes or regulations. These rules are designed to discourage frivolous malpractice lawsuits and encourage pre-suit… read more

Prostate Cancer Expert Witness: Active Surveillance – An Option for Prostate Cancer Treatment

By: Dudley Seth Danoff, MD, FACS With the current controversy on prostate cancer screening and PSA (prostate specific antigen) testing, a trend appears to be developing away from aggressive surgical treatment for early stage localized prostate cancer. Whether this approach fits within the standard of care in a particular case must be determined by a… read more

Remote Deposition of Expert Witnesses

The U.S. District Court N.D. Illinois dealt with a request by counsel for a protective order requiring that the expert’s deposition be conducted remotely due to the COVID pandemic. The court granted the protective order, rejecting the request for an in-person deposition. The court stated: The general concern over the risks posed by COVID-19 are… read more

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