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
Steven Babitsky, Esq. An expert who is retained by counsel as an expert witness has a Daubert or similar challenge filed against her. The Daubert motion is received by counsel. Does counsel have an obligation to notify the expert witness that the motion has been filed? There are many reasons that counsel needs to promptly… read more
One of the fastest growing opportunities for supplemental income for physicians will be in telemedicine. This will include tele-consulting and telephone opportunities. The U.S. Telemedicine Market is expected to cross USD 64 billion by 2025; according to a new research report by Global Market Insights, Inc. Increasing prevalence of chronic diseases is one of the… read more
There has been a sharp increase in Independent Medical Evaluations for psychiatric claims. Some experts attribute the rise to workers’ compensation claimants filing for PTSD, depression, and anxiety. Genex, one of the country’s leading IME companies, has seen a 20% increase in IMEs for psychiatric conditions in workers’ compensation cases. The October 2, 2019 article… read more
Steven Brown, DC, CICE, Dipl Ac For many years, it was considered dogma in the medicolegal community that cervical spine manipulation (CSM) could cause vertebral artery dissection (VAD) and resultant vertebrobasilar artery (VBA) stroke. However, research does not support a causal link between CSM and VAD. Thus, a medicolegal argument that includes CSM causing VAD… read more
Lawyers are increasingly videotaping the depositions of expert witnesses. These videos permit counsel to later play excerpts of the expert and show his demeanor, tone, and body language in addition to his words. David B. Markowitz, writing for SEAK, Inc., gave this advice on how to excel at your videotaped deposition. The camera magnifies and… read more
Darryl Smith, managing partner at Smith & Eulo Law Firm, tells us how he came to discover SEAK and what it means for his firm. It is often very hard to locate highly qualified, reliable experts that can help you build a strong defense to win your case. SEAK is one of the few resources… read more
How do attorneys in medical malpractice cases prove the standards of care through expert witnesses? In their article Locking in Standards of Care (Trial Magazine, August 2019), attorneys Christian C. Mester and Michael J. Winkelman recommend the following techniques: 1. Ask the right questions of medical experts to lock them down on the standards of… read more
Must an expert’s opinion be excluded if they do not cite any supporting professional literature? “Not necessarily,” said the Michigan Court of Appeals in Janowski v. Deere & Co., No. 340665 (Mich. Ct. App. Jul. 11, 2019). There, the Court of Appeals affirmed a trial court decision admitting testimony from a lawnmower expert in a… read more
