Neuropsychologist Paul M. Richards authored the excellent article, The Neuropsychologist as Expert Witness: Testimony in Civil and Criminal Cases. The article appears in Psychological Injury and Law and covers issues such as: Admissibility Burden and standards of proof Differences between civil vs. criminal Settings Trial procedures Ethics Preparation Retention agreement Direct examination Cross-examination … read more
The March 12, 2013 issue of Otolaryngology Head and Neck Surgery questions whether plaintiff’s medical malpractice expert witnesses are qualified. Authors Eloy, Svider, et al conducted the following research: Methods The Westlaw legal database (Thomson Reuters, New York, New York) was searched for otolaryngologist expert witness testimony. Length of experience, practice setting, and… read more
Expert witness evidence rules are governed in Federal Court by the 700 series of rules in the Federal Rules of Evidence: Rule 702. Testimony by Expert Witnesses A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if: (a) the… read more
Areas of Inquiry for a Defense Expert Witness The following are potential areas of inquiry (with some sample deposition questions) when taking the deposition of a defense expert witness. For a comprehensive list of expert witness deposition questions, please see the text How to Prepare Your Expert Witness for Deposition. Advertising Please tell me all… read more
Police Expert Witness on Speed of Vehicle has Testimony Rejected The court, in: IN THE MATTER OF THE COMPLAINT OF ANTILL PIPELINE CONSTRUCTION CO., INC. SECTION “C” (3), Civil Action No. 09-3646, Consol. Case No. 10-2633., United States District Court, E.D. Louisiana, dealt with the proposed testimony of a Lieutenant [ police expert witness]… read more
Law Enforcement Expert Witness: Report Too Many Strong Adjectives The court, in Mutafis v. Markel, Dist. Court, ED Michigan 2013, dealt with a motion in limine to exclude the testimony of a law enforcement expert witness, Westrick, in a criminal case. The court rejected the testimony in part, because of the “strong adjectives”… read more
The court, in Finn v. BNSF RAILWAY COMPANY, Dist. Court, D. Wyoming 2013, dealt with a car accident in Casper, Wyoming. The court rejected the motion to exclude the testimony of the biomechanics expert witness testifying on the issue of accident reconstruction. The court stated: The Court will move directly to the issue of reliability since… read more
The court, in BOMBARDIERE v. SCHLUMBERGER TECHNOLOGY CORPORATION, Dist. Court, ND West Virginia 2013, dealt with the proposed expert testimony of a “toxicologist.” The court excluded his testimony in part due to his lack of candor on his CV and also his methodology. The court stated: This Court has serious reservations concerning Dr. X’s qualifications… read more
The US District Court Indiana in the case of, Lopez v. BRIDGESTONE AMERICAS TIRE OPERATIONS, LLC, Dist. Court, ND Indiana 2013, dealt with how much was a reasonable deposition fee for a tire expert witness, Bozarth. The court rejected the proposed $3,000 fee finding it was 3x his normal hourly rate. The court rejected the… read more
Experienced cardiology expert witnesses can be helpful and effective in evaluating and opining from either the plaintiff or defense point of view, whether a physician defendant has complied with the standard of care with respect to diagnosis, recommended or prescribed treatment, and the performance of procedures within the domain of cardiology, including the sub specialized… read more
