By Christopher Davey MD What is a pressure ulcer? Pressure ulcers, also known as decubitus ulcers or bedsores, are localized injuries to the skin and/or underlying tissue usually over a bony prominence, as a result of pressure, or pressure in combination with shear and/or friction. Most commonly they are found on the sacrum, coccyx,… read more
When an expert witness goes too far in expressing his opinions he may not be permitted to testify. In the case of, Mutafis v. Markel, Dist. Court, ED Michigan 2013, the court dealt with a police practices expert witness who had very strong opinion about the alleged police conduct. The court found that the subjective… read more
Pre-Existing Conditions in Catastrophic Injury Cases Involving Internal Organs: What Defense Attorneys Need to Know By James F. Lineback, M.D., F.C.C.P. Catastrophic injury is a serious personal injury that often results in permanent disability, long-lasting medical conditions, and a shortened life expectancy. The consequences and progressive nature of a catastrophic injury include not only an immediate… read more
By James F. Lineback MD, FCCP Normal Life Expectancy Determining life expectancy ordinarily starts with the normal expectancy of the individual. For example, a 56 year old male would, according to the Social Security Actuarial Publications Periodic Life Table, live an additional 24 years or a total of 80 years. Medical Problems Once a baseline,… read more
An expert witnesses worst nightmare recently occurred in Florida when a physician had his medical license revoked for allegedly lying under oath. The physician who had testified in some 300 medical malpractice cases was charged with: * Signing an affidavit saying he was board certified when he was not * Claiming he went to Johns… read more
What Every Expert Witness Should Ask Counsel Before Accepting a New Assignment Expert witnesses love new challenges and new cases/assignments. Often experts are so eager to land an assignment that they fail to ask retaining counsel crucial questions. Some questions experts should always ask retaining counsel are as follows: Who are the parties? Experts will… read more
DIRECT EXAMINATION OF THE EXPERT WITNESS: 10 WAYS TO LOSE YOUR JURY A ROY DeCARO, ESQUIRE Raynes McCarty 1845 Walnut Street, Suite 2000 Philadelphia, P A 19103 (215) 568-6190 INTRODUCTION: Lawyers like to think that they win and lose trials because of their great openings and superlative closings. In fact, it has been my… read more
No matter what part of the process, there is a method for responding to courtroom or deposition questions that limits the ability of the opposing party to use your words against you. Sadly, many experts are unwilling to practice a little verbal judo, and wind up being beaten up in cross-examination. The following specific techniques… read more
Cross-Examination At Trial At trial cross-examination will usually proceed through four phases: Establish the bad facts of the case; Seek agreement on those things where we agree; Attack the basis for your opinion; and Impeach your credibility. In the first phase of cross-examination, the attorney normally sticks to short, fact-based leading questions. The questions are… read more
Surviving cross-examination requires some degree of endurance, a good understanding of the medical facts of the case, and meticulous attention to detail. In order to understand how an attorney prepares for cross-examination of a medical expert witness, it is important to observe the attorney’s process from beginning to end. The attorney begins with the medical… read more
