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Informing Expert Witnesses of Daubert Challenges

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

Supplemental Income for Physicians: Telemedicine

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

Demand for Psychiatric IMEs Rising

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

Cervical Spine Manipulation & Vertebrobasilar Artery Stroke: The Modern Perspective

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

How to Excel at Your Videotaped Deposition

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

Using Expert Witnesses to Address Standard of Care in Medical Malpractice Cases

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

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