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Intimidating Expert Witness

How far can an attorney go in attacking and trying to discredit an expert witness? The U.S. Court of Appeals, 7th Cir dealt with an attorney who in, in a used car dispute: …went after the plaintiff’s expert witness, Donald Szczesniak. Brodsky accused Szczesniak of fabricating expert reports in this and other cases, and he… read more

Trigeminal Neuralgia Expert Witness: Definition, Symptoms, Causes, Diagnosis and Treatment

By: Stephen S. Saris, MD What is Trigeminal Neuralgia? Trigeminal Neuralgia is a pain condition which is typically caused by pressure on the brain nerve (cranial nerve) that gives feeling to the side of the face. Signals travelling through this trigeminal nerve cause debilitating and life-altering shock-like facial pain that lasts from seconds to hours…. read more

Cardiology Expert Witness on Undiagnosed Myocardial Contusion Injury

By: John A. Filip, MD There are more than 6 million auto accidents each year in the United States with 3 million people inured and 2 million experiencing permanent injuries. Undiagnosed myocardial contusion injuries (MCI) in the emergency department after blunt thoracic trauma (BTT) in MVAs is a serious and life threatening situation. Myocardial Contusion… read more

Ectopic Pregnancy Ultrasound Expert Witness: Misdiagnosis Can Lead to Harm from Methotrexate

By Gretchen Green, MD, MMS What is an ectopic pregnancy? An ectopic pregnancy is a pregnancy that develops in an abnormal location outside or within the uterus (womb). The incidence of ectopic pregnancy has been increasing over time, to a current estimate as high as 2% of all pregnancies.(1) Patients with a history of infertility… read more

Steel Erection Expert Witness: Why Should Ironworkers Tie Off?

By Homer R. Peterson II, P.E., CSP Introduction Ironworkers have the fifth highest fatality rate (33.4 per 100,000 workers) of any United States civilian worker classification. (This is according to 2017 data provided by the U.S. Bureau of Labor Statistics.) Ironworkers who fall while tied off suffer dramatically fewer fatalities and serious injuries. OSHA Requirements… read more

The Biggest Mistakes Lawyers Make When Dealing with Expert Witnesses

By Steven Babitsky, Esq. Expert witnesses play an integral part in most litigated cases. Even experienced trial attorneys make common mistakes in their dealings with their retained expert witnesses. The most common mistakes lawyers make may include: 1. Not Retaining the Experts Early On in the Case Counsel who retain their experts after deciding on their… read more

Expert Witness Liability Limited

A federal appeals court (4th circuit) held that expert witnesses are protected by the witness litigation privilege even when they act with malice or ill-will. The court followed the Briscoe Supreme Court case going so far to say: “The witness had an absolute privilege and the plaintiff could not recover even if the witness knew… read more

Succession Planning: Positioning Your Expert Witness Practice for a Reduced Workload, Takeover, or Eventual Sale

By: Steven Babitsky, Esq. Expert witnesses are leaving millions of dollars per year on the table when they fail to develop and implement a viable succession plan. Many experts have developed successful expert witness practices. Due to the press of time and work, too few experts have given serious thought to any succession planning. All… read more

Conveyor Expert on Standards and Risk Assessments in Conveyor Injury Cases

By: Mark Webster MSME, PE Introduction The most recent edition of the ASME Safety Standards for Conveyors and Related Equipment, AMSE B20.1-2015, now contains a paragraph addressing the need for a formal risk assessment for conveyors and conveyor systems. This article explains the need for risk assessment for conveyors, what the standard recommends, references to… read more

Utility Helicopter Safety Expert Witness: Flight Data Monitoring in Utility Helicopter Operations

The pilot was looking down, intensely monitoring the progress of the Aerial Lineman setting a power line marker ball. Winds were starting to pick up and they would have to work fast to finish the job before hitting wind limitations.  They were already behind the project timeline due to bad weather the week prior. This… read more

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