Frequently in patent litigation, the outcome hinges on the quality and quantity of prior art. Research into prior art is valuable in District Court cases, those before the International Trade Commission (ITC), and at the Patent Trials and Appeals Board (PTAB). Common sources of prior art for medical imaging and medical device patent experts When… read more
By Steven Babitsky, Esq. The 7 deadly sins, which can help ruin or destroy an expert witness’s career are: 1. Greed 2. Sloth 3. Wrath 4. Pride 5. Arrogance 6. Envy 7. Gluttony • Experts do not intentionally fall prey to these sins but often succumb gradually on a slippery slope. • Experts are well-advised… read more
When physicians conclude that a car accident victim needs radiofrequency ablations (RFAs) for life, the court may intervene to limit this testimony. The US District Court (E.D. Louisiana) dealt with physicians who opined that the plaintiff would need RFAs for the remainder of his life. The life care planner relied on this opinion to formulate… read more
By Stephen Broomes MD Introduction Diagnostic errors are a failure to provide an accurate and timely explanation of the patient’s health problems or communicate that explanation to the patient (World Health Organization). Scope of the problem: Diagnostic errors affect an estimated 12 million Americans, and likely cause more harm to patients than all other medical… read more
How far can an attorney go in attacking and trying to discredit an expert witness? The U.S. Court of Appeals, 7th Cir dealt with an attorney who in, in a used car dispute: …went after the plaintiff’s expert witness, Donald Szczesniak. Brodsky accused Szczesniak of fabricating expert reports in this and other cases, and he… read more
By: Stephen S. Saris, MD What is Trigeminal Neuralgia? Trigeminal Neuralgia is a pain condition which is typically caused by pressure on the brain nerve (cranial nerve) that gives feeling to the side of the face. Signals travelling through this trigeminal nerve cause debilitating and life-altering shock-like facial pain that lasts from seconds to hours…. read more
By: John A. Filip, MD There are more than 6 million auto accidents each year in the United States with 3 million people inured and 2 million experiencing permanent injuries. Undiagnosed myocardial contusion injuries (MCI) in the emergency department after blunt thoracic trauma (BTT) in MVAs is a serious and life threatening situation. Myocardial Contusion… read more
By Gretchen Green, MD, MMS What is an ectopic pregnancy? An ectopic pregnancy is a pregnancy that develops in an abnormal location outside or within the uterus (womb). The incidence of ectopic pregnancy has been increasing over time, to a current estimate as high as 2% of all pregnancies.(1) Patients with a history of infertility… read more
By Homer R. Peterson II, P.E., CSP Introduction Ironworkers have the fifth highest fatality rate (33.4 per 100,000 workers) of any United States civilian worker classification. (This is according to 2017 data provided by the U.S. Bureau of Labor Statistics.) Ironworkers who fall while tied off suffer dramatically fewer fatalities and serious injuries. OSHA Requirements… read more
By Steven Babitsky, Esq. Expert witnesses play an integral part in most litigated cases. Even experienced trial attorneys make common mistakes in their dealings with their retained expert witnesses. The most common mistakes lawyers make may include: 1. Not Retaining the Experts Early On in the Case Counsel who retain their experts after deciding on their… read more
