The below is an instructive example of cross-examination questions posed to a pediatric neurology expert witness in a medical malpractice case. An issue in the case is the cause of hypoxic-ischemic encephalopathy (HIE) in a newborn. The pediatric neurology expert witness retained by the defense has opined that the injury to the infant was due… read more
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
Courts across the country are rapidly adopting new rules to facilitate the taking of depositions remotely. The United States District Court SD in New York extended deposition deadlines by 30 days and stated: ORDERED, pursuant to Fed. R. Civ. P. 30(b)(3) and (b)(4), that all depositions in this action may be taken via telephone, videoconference,… read more
The United States District Court, N.D. Illinois, Eastern Division imposed a new order for the taking of depositions of physicians during the COVID-19 pandemic. The case is a slip and fall case against Walmart. The court moved to protect medical providers in a sweeping order due to the fact that physicians are very busy… all… read more
The United States District Court, S.D. Illinois recently dealt with a case involving the plaintiff, Schmelzer, who was driving his vehicle and collided with a semi-tanker. The plaintiff suffered a traumatic brain injury as a result of the collision. Several expert witnesses were involved in the case. At the pre-trial stage of litigation, the Court… read more
The United States District Court for the Southern District of Ohio ruled that $750/hour was a reasonable expert witness fee for the deposition of a highly regarded academic gender bias expert witness in an Equal Pay Act case.[1] This case involved an alleged violation of the Equal Pay Act by Miami University. According to the… read more
How many expert witnesses does it take to present a serious medical malpractice claim? A Chicago Cook County jury awarded the record-breaking verdict for the family of 5 year old, Gerald, who suffers from severe brain damage. The mother, who was diagnosed with preeclampsia, had to wait several hours before she was placed on a… read more
The US District Court N.N. Oklahoma in Teel v. United States of America dealt with a medical malpractice case arising out of treatment at the Claremore Indian Hospital (CIH). The plaintiff alleged failure to diagnose and properly treat his prostate cancer. The defendant filed a Daubert challenge against plaintiff’s expert Milsten alleging: …defendant challenges Dr…. read more
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? 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
