Case 1: The evidence must support the conclusion reached. General Electric v. Joiner, 522 U.S. 136 (1997) The U.S. Supreme Court Joiner held that a trial judge may exclude expert testimony when the evidence relied on by the evidence does not support the expert’s conclusion. In this case, the expert relied on animal studies in… read more
Case: Larry Stephens v. Red Rock Casino, Las Vegas Municipal Court, Regional Justice Center, Clark County, Nevada, Civil Division. Docket Number: A-09-598674-c Expert witness listed in SEAK Expert Witness Directory: Richard A. Rubenstein, M.D. Expert witness’ relevant area(s) of expertise: brain injury, anoxic brain injury, postcardiac arrest coma Verdict: $1.605 Million Date of verdict: February… read more
Case Name: Leslie Ashlyn Palmer v. Mark III Management Company, and John D. Brossard, Individually and as Administrator of the Estate of Georgia Lee Brossard. Superior Court of Sacramento County, Sacramento, California. Expert Witness Listed in SEAK Expert Witness Directory: Richard Rubenstein, MD Date: April 24, 2013 Verdict: $90,498.98 Retaining Counsel (For Defense): Mark S…. read more
“Has the standard of care been violated?” is the basic question in all medical malpractice cases, the answer to which may be difficult to determine because the standard of care is often unwritten, can be ever changing, and is a blend of academic and private practice opinions. In addition to having a broad base of… read more
By Christopher Davey MD What is a pressure ulcer? Pressure ulcers, also known as decubitus ulcers or bedsores, are localized injuries to the skin and/or underlying tissue usually over a bony prominence, as a result of pressure, or pressure in combination with shear and/or friction. Most commonly they are found on the sacrum, coccyx,… read more
When an expert witness goes too far in expressing his opinions he may not be permitted to testify. In the case of, Mutafis v. Markel, Dist. Court, ED Michigan 2013, the court dealt with a police practices expert witness who had very strong opinion about the alleged police conduct. The court found that the subjective… read more
Pre-Existing Conditions in Catastrophic Injury Cases Involving Internal Organs: What Defense Attorneys Need to Know By James F. Lineback, M.D., F.C.C.P. Catastrophic injury is a serious personal injury that often results in permanent disability, long-lasting medical conditions, and a shortened life expectancy. The consequences and progressive nature of a catastrophic injury include not only an immediate… read more
By James F. Lineback MD, FCCP Normal Life Expectancy Determining life expectancy ordinarily starts with the normal expectancy of the individual. For example, a 56 year old male would, according to the Social Security Actuarial Publications Periodic Life Table, live an additional 24 years or a total of 80 years. Medical Problems Once a baseline,… read more
An expert witnesses worst nightmare recently occurred in Florida when a physician had his medical license revoked for allegedly lying under oath. The physician who had testified in some 300 medical malpractice cases was charged with: * Signing an affidavit saying he was board certified when he was not * Claiming he went to Johns… read more
What Every Expert Witness Should Ask Counsel Before Accepting a New Assignment Expert witnesses love new challenges and new cases/assignments. Often experts are so eager to land an assignment that they fail to ask retaining counsel crucial questions. Some questions experts should always ask retaining counsel are as follows: Who are the parties? Experts will… read more
