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
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
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
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
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
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
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
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
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
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
