DIRECT EXAMINATION OF THE EXPERT WITNESS: 10 WAYS TO LOSE YOUR JURY A ROY DeCARO, ESQUIRE Raynes McCarty 1845 Walnut Street, Suite 2000 Philadelphia, P A 19103 (215) 568-6190   INTRODUCTION: Lawyers like to think that they win and lose trials because of their great openings and superlative closings. In fact, it has been my… read more

No matter what part of the process, there is a method for responding to courtroom or deposition questions that limits the ability of the opposing party to use your words against you.  Sadly, many experts are unwilling to practice a little verbal judo, and wind up being beaten up in cross-examination.  The following specific techniques… read more

Cross-Examination At Trial At trial cross-examination will usually proceed through four phases: Establish the bad facts of the case; Seek agreement on those things where we agree; Attack the basis for your opinion; and Impeach your credibility. In the first phase of cross-examination, the attorney normally sticks to short, fact-based leading questions.  The questions are… read more

Surviving cross-examination requires some degree of endurance, a good understanding of the medical facts of the case, and meticulous attention to detail.  In order to understand how an attorney prepares for cross-examination of a medical expert witness, it is important to observe the attorney’s process from beginning to end. The attorney begins with the medical… read more

How often do you, as an expert witness, convert initial calls from potential retaining counsel into a paid expert witness assignment? If your answer is less than 75% of the time you are losing a considerable amount of expert witness income. Depending on your area of expertise and the size and complexity of the case,… read more

Can counsel disqualify a patent expert witness by merely having the expert sign a non-disclosure agreement (NDA)? The court, in ZIPTRONIX, INC. v. OMNIVISION TECHNOLOGIES, INC., Dist. Court, ND California 2013, said NO. The court stated the law: Although courts have declined to use a brightline rule to determine whether an expert witness should be… read more

Is a treating physician who is subpoenaed to testify at deposition entitled to be paid his customary expert witness fee? The court, in Axelson v. HARTFORD INSURANCE COMPANY OF MIDWEST, Dist. Court, D. Nevada 2013, said yes. The court stated: Hartford now takes the position that Dr. Elkanich may not be entitled to a fee… read more

By Vernon B. Williams, MD Introduction Effective concussion programs require action prior to a concussion ever occurring (Pre-Season/Pre-Concussion). There are other protocols and actions required at the time a concussion occurs (Acutely). Still more specific actions, policies, and procedures involve sub-acute, and sub-chronic concussion management and appropriate return to play. Preseason/Pre-Concussion Clinical Care Essentials Pre-season… read more

By:  Karl R. Leinsing, MSME, PE Experienced Medical Device Expert Witnesses can assist with a case in many different ways.   First, they have industry knowledge of the medical device industry and can assist with prior art in patent litigation cases for example.   They understand the technology and how claim terms are understood for one skilled… read more

By Vernon B. Williams, MD Neurologists have historically participated in evaluation and management of injured athletes when the injury has affected the nervous system. Neurologists had been consulted in other instances to evaluate the function of nerves in conjunction with a primary musculoskeletal injury. But lately, Neurologists have played an even larger role in sports… read more