When expert witnesses undergo a discovery deposition, what are the strategies and goals of opposing counsel? Attorney Quentin Brogdon of the Law Offices of Frank Branson of Dallas, TX dealt with this issue at the SEAK Expert Witness Conference. Attorney Brogdon’s list of 23 discovery deposition goals included:   1.     What the expert looks like… read more

Attorney Quentin Brogdon of Dallas, TX recently spoke on Surviving Cross-Examination at the SEAK National Expert Witness Conference. He recommended that attorneys interview potential expert witnesses to avoid cross-examination problems. Here are the 13 key questions that need to be asked and answered by expert witnesses: 1.  “Are you the best expert witness?” 2.  “What… read more

Neuropsychologist Paul M. Richards authored the excellent article, The Neuropsychologist as Expert Witness: Testimony in Civil and Criminal Cases. The article appears in Psychological Injury and Law and covers issues such as:   Admissibility Burden and standards of proof Differences between civil vs. criminal Settings Trial procedures Ethics Preparation Retention agreement Direct examination Cross-examination  … read more

The March 12, 2013 issue of Otolaryngology Head and Neck Surgery questions whether plaintiff’s medical malpractice expert witnesses are qualified.   Authors Eloy, Svider, et al conducted the following research:   Methods The Westlaw legal database (Thomson Reuters, New York, New York) was searched for otolaryngologist expert witness testimony. Length of experience, practice setting, and… read more

Expert witness evidence rules are governed in Federal Court by the 700 series of rules in the Federal Rules of Evidence: Rule 702. Testimony by Expert Witnesses A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if: (a) the… read more

Areas of Inquiry for a Defense Expert Witness The following are potential areas of inquiry (with some sample deposition questions) when taking the deposition of a defense expert witness.  For a comprehensive list of expert witness deposition questions, please see the text How to Prepare Your Expert Witness for Deposition. Advertising Please tell me all… read more

Police Expert Witness on Speed of Vehicle has Testimony Rejected   The court, in: IN THE MATTER OF THE COMPLAINT OF ANTILL PIPELINE CONSTRUCTION CO., INC. SECTION “C” (3), Civil Action No. 09-3646, Consol. Case No. 10-2633., United States District Court, E.D. Louisiana, dealt with the proposed testimony of a Lieutenant [ police expert witness]… read more

Law Enforcement Expert Witness: Report Too Many Strong Adjectives   The court, in Mutafis v. Markel, Dist. Court, ED Michigan 2013, dealt with a motion in limine to exclude the testimony of a law enforcement expert witness, Westrick, in a criminal case.   The court rejected the testimony in part, because of the “strong adjectives”… read more

Experienced cardiology expert witnesses can be helpful and effective in evaluating and opining from either the plaintiff or defense point of view, whether a physician defendant has complied with the standard of care with respect to diagnosis, recommended or prescribed treatment, and the performance of procedures within the domain of cardiology, including the sub specialized… read more

The mental state examination (MSE) forms a cornerstone of a clinical evaluation in a variety of settings, including psychiatry, neurology, and medicine.  It can also be an important part of an evaluation in a medical-legal setting. Like a physical or elementary neurological examination, the MSE tends to follow a standard approach, although the content and… read more