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
Expert witnesses should anticipate and be able to effectively deal with numerous areas of inquiry at their deposition. Here are some of the areas all experts should prepare for. Advertising: What advertising or marketing have you done? Bias: What biases can you be accused of (e.g. fees, hired fun, personnel, plaintiff/defense, political, etc.). Credibility: Has… read more
There are many reasons why expert witnesses are increasingly being excluded from testifying. Attorney Joshua E. Garner, special counsel at the U.S. Department of Justice writing for SEAK, Inc. explains with the following article: HOW AND WHY EXPERT WITNESSES GET EXCLUDED Joshua E. Gardner EXECUTIVE SUMMARY In federal court, experts tend to get excluded for… read more
