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
Can opposing counsel require an expert witness to produce his 1099s as part of a discovery request? In Estate of Jackson v. Billingslea, the United States District Court for the Eastern District of Michigan ordered an accident reconstruction expert to produce 1099’s for himself and his business. Jackson involved deaths resulting from a speed police… read more
By: Stephen Saris, M.D. What is a Gamma Knife? The Gamma Knife is a medical device that focuses a very large amount of radiation on a lesion in the brain to shrink or destroy it. How does the Gamma Knife work? The best way to understand the Gamma Knife is to image an entertainer on… read more
