Steven Babitsky ,Esq. I participated in this conference call which had some takeaways for experts on virtual deposition and trials. A federal judge, expert, and two trial lawyers spoke. Here are some of the suggestions for video depositions: Be prepared for special ground rules and questions. You may be asked to: Show your report on… read more
By Rich Woolley, DC, MS, ATC, CMTPT/DN Introduction Legal disputes may require the specialized knowledge of a dry needling expert witness to assist the fact finder. The types of disputes that may require a dry needling expert witness include personal injury, medical malpractice, healthcare fraud, etc. Adverse events such as pneumothorax (collapsed lung), infection, delayed… read more
Brian Woodruff, MD Hypoxic-ischemic encephalopathy (HIE) DEFINITION Neonatal encephalopathy is a clinical syndrome characterized by “a subnormal level of consciousness or seizures, and often accompanied by difficulty with initiating and maintaining respiration and depression of tone and reflexes.” (Swaiman) When it is caused by deprivation of oxygen to the brain, the diagnosis is hypoxic-ischemic encephalopathy… read more
Steven Babitsky ,Esq. The US District Court D. Kansas dealt with a sexual harassment and retaliation claim. The treating physician was called to testify at deposition. The defense offered to pay $40, the statutory “fact witness rate.” The court rejected this attempt and ordered payment for the doctor’s time. The court stated: In her request… read more
Steven Babitsky, Esq. The United States District Court, S.D. New York dealt with an expert witness Dr. Ho who refused to answer certain questions at her deposition. The court found the refusal unreasonable and ordered the plaintiff to pay $28,207 in attorney fees and costs. The defense sought $107,000 in fees. The court stated: Earlier… read more
Steven Babitsky, Esq. The Illinois District Court in Sonari Systems v. Romano, no. 16-cv-3371 ND Ill July 13, 2020 dealt with a request for an in-person deposition of an expert witness. The court reviewed the numerous travel and safety issues resulting from the ongoing pandemic and found that the expert need not appear in person… read more
By Susan Abookire, MD MPH FACP Introduction A missed or delayed diagnosis, particularly of cancer, can lead to malpractice litigation. In one study of five malpractice insurance companies across four regions of the United States, (Northeast, Mid-Atlantic, Southwest, and West), the authors found that 29% of claims with injuries (and a determination of error) were… read more
Steven Babitsky, Esq. The U.S. District Court, New Mexico, dealt with a request to depose an expert witness twice; once after his report and once after his rebuttal report. The court denied the motion for a protective order and permitted a limited second deposition. The court stated: Here, the Court finds that WALH has failed… read more
Steven Babitsky, Esq. The U.S. District Court Montana, dealt with an election campaign expert who charged a modest $150 per hour and $200 per hour for deposition time. Surprisingly, plaintiff counsel challenged the fee request for the extra $50 per hour for deposition time. The court found that it was reasonable to charge a higher… read more
Steven Babitsky, Esq. The U.W. District Court D. Colorado dealt with a life care planner, Dahlberg, who relied on a prosthetist for the lifetime cost of a C-leg prosthesis. The purchase price for the prosthesis was $81,654. A Daubert challenge was filed based on the life care planner’s reliance on the prosthetist (Pickering). The court… read more
