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Lender Liability Expert Witness: Improper Activity by the Lender – Examples, Targets, and Signs

What is Lender Liability? Lender liability is alleged to have occurred when a borrower or prospective borrower sues a lender for breach of contract, violation of state or federal statutes, or other wrongful behavior. A lender (bank or other financial institution) may incur liability when it has failed to act in good faith, taken a… read more

Expert Witness Life Care Planner: By His Own Admission, His Testimony was Unreliable

The Louisiana Court of Appeals dealt with the appeal of a personal injury suit in which a police officer, Hankton, was attacked and injured while guarding a prisoner at a hospital. One of the grounds for the appeal was the calculations performed by the defendant’s expert witness life care planner. On the issue of future… read more

What Expert witnesses can do during the pandemic

By Steven Babitsky, Esq. As a result of the pandemic expert witnesses are facing many challenges including the postponement of assignments,depositions and trials. After taking care of their family and themselves. what can expert witnesses do during this period? Here are some suggestions for using this time productively; Update your CV and website Many experts… read more

OSHA: General Duty Clause

Steven Babitsky, Esq. The U.S. Court of Appeals, District of Columbia, dealt with BHC psychiatric hospital which was sued for violating the General Duty Clause of OSHA. It was alleged that they failed to protect their employees from the recognized hazard of death or serious physical harm from patient aggression. The court found that by… read more

How Lawyers Are Trained to “Bury” Expert Witnesses: Cross-Examination

Steven Babitsky, Esq. Attorney Dianne P. Sullivan and Jed P. Winer of Weil Gotshal wrote on Law.com how to bury expert witnesses on cross-examination. The attorneys advised counsel to dig deep: to uncover points to “bury” expert witnesses. Here is a summary of their suggestions. Closely examine the expert’s CV. See where the expert’s articles… read more

The Biggest Concerns Physicians Have About Starting a Consulting Business

Steven Babitsky, Esq. For some physicians starting a successful consulting practice seems like a daunting task. My experience is that as thousands of physicians have already done this, there is no reason you cannot join them as a successful physician consultant. Here are some of the common concerns physicians have about starting a consulting practice…. read more

Should Expert Witnesses Work Directly for Plaintiffs?

Steven Babitsky, Esq. Expert witnesses of all specialties will occasionally get a call from a plaintiff (or defendant) in a case who wants to hire them directly. Represented by Counsel The first thing that the expert should determine is whether the client is represented by counsel. If the plaintiff is represented by counsel and is… read more

Physician Consultant Fees

Steven Babitsky, Esq. One of the most frequent questions I am asked by physicians when I teach How to Start, Build, and Run a Successful Consulting Practice is: How much should I charge? Setting fees is always a challenge for physician consultants. Here are the criteria physicians should consider when setting their fee: Qualifications Are… read more

How Much Do Physician Consultants Earn?

Steven Babitsky, Esq. The average physician consultant earns $379,550 with a salary range of $247,892-$519,724 according to the Economic Research Institute. This report is based on salary surveys conducted by ERI. The report defines the job summary/description as follows: Provides a range of consulting services to other doctors and health care facilities, including patient care… read more

Are You a “Difficult” Expert Witness?

Trial lawyers are writing about and teaching other lawyers how to cross-examine “difficult” expert witnesses. “Difficult” expert witnesses are identified as experts who may be likeable, persuasive, arrogant, combative, or aggressive. Attorney Lynn P. Pruitt and Lauren S. Grinder writing in the January 2020 issue For the Defense made these suggestions: Prepare, prepare, and prepare…. read more

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