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
Why would the court in the civil litigation arising out of the Volkswagen’s diesel emissions scandal exclude former FBI director Louis Freeh from testifying? Attorney Freeh, who was paid $50,000 for writing his report, and was charging $1850 per hour for court time, was excluded from testifying after a Daubert hearing. The court found the… read more
The U.S. District court S.D. Illinois dealt with a Daubert motion to exclude the nurse practitioner, White, and her life care plan. The court made short shrift of the portion finding White qualified and her methodology did not deviate from accepted LCP methodology. The court stated: Carol White is a nurse practitioner who has offered… read more
Steven Babitsky, Esq. What is a practice review? An expert witness practice review consists of a consultant looking at everything the expert(s) is doing and not doing in their practice. This holistic look can include a review of: Curriculum Vitae Webpage Sample report(s) Deposition transcript(s) Retention agreements Fees, billing, and collections Marketing efforts Forensic income… 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
Components of Fires, Explosions, or Chemical Releases Natural gas, petroleum oil or hydrocarbons including gasoline, diesel, heating oil, and jet fuel, LNG, LPG, coal, ethanol biofuels, chemicals, fertilizers, reactive gases, metals, electrical systems, equipment, and warehousing activities may be components of industrial or utility fires, explosions, or chemical releases. The Importance of the Site Inspection… read more
By Steven Babitsky, Esq. Attorneys use many techniques and strategies to effectively cross-examine opposing expert witnesses. Dallas Attorney and trucking expert Mike H. Bassett, in his December 2019 article in For the Defense, explains the steps as follows: Establish control early. Let the expert know that you know the case better than anybody in the… read more
By: J. Usha Raj, MD, MHA Introduction Persistent pulmonary hypertension in the newborn (PPHN) occurs when after the baby is born the blood vessels in the lungs do not open up enough and not enough blood gets into the lungs to pick up enough oxygen for the baby. The baby remains blue and the amount… 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
