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Sample Affidavit of Merit

By Kelly J. Wilbur, Esq. Medical malpractice actions are unusual in that many states require patients (i.e. plaintiffs) to demonstrate that they have expert witness support for their medical malpractice allegations before suit is filed. Such requirements are grounded in either state statutes or regulations. These rules are designed to discourage frivolous malpractice lawsuits and encourage pre-suit… read more

Sample Cross-Examination Questions

The below is an instructive example of cross-examination questions posed to a pediatric neurology expert witness in a medical malpractice case.  An issue in the case is the cause of hypoxic-ischemic encephalopathy (HIE) in a newborn. The pediatric neurology expert witness retained by the defense has opined that the injury to the infant was due… read more

Courts Employing Virtual Litigation

Steven Babitsky, Esq. State and federal courts are encouraging and, in some cases, requiring litigants to proceed with virtual litigation. Hearings In Madonna Ciccone v. One West 64th Street Inc., the Supreme court New York County 6514748/2016 9/4/2020, the court required, due to Covid-19, that a fee hearing must go forward by videoconference. Bench Trials… read more

Conflict Check For Expert Witnesses: What Can Go Wrong

Conflict Check For Expert Witnesses:What Can Go Wrong By Steven Babitsky, Esq. Expert Witnesses who do not have a robust  conflict of interest protocol that they follow in each case are risking serious consequences. At SEAK we speak to many expert witnesses each year about  issues or  vexing problems they are facing.One problem that keeps… read more

Chemical Sensitivity Causation Expert Witness Testimony Excluded under Daubert

Ms. Madej brought suit to enjoin roadwork near her house on the grounds that the asphalt used triggered her multiple chemical sensitivity, thus violating the Fair Housing Amendments Act of 1988 and the Americans with Disabilities Act of 1990. Madej, 951 F.3d at *367-68. Due to Ms. Madej’s extreme chemical sensitivity, she had requested that… read more

How to Conduct a Cross-Examination of a Life Care Planner

By James J. Mangraviti, Jr., Esq. The following are some suggestions for how to conduct a cross-examination of a life care planner serving as an expert witness.  Life care planning expert witnesses are used to address the issue of damages in personal injury and medical malpractice cases.  Life care planner expert witnesses are often involved… read more

Are You Prepared for Your Expert Witness Deposition

Steven Babitsky Esq. Your expert witness deposition is crucial in many cases to flesh out the issues ,help determine the value of the case, and your effectiveness as the expert witness. In my opinion, based on 40 years of experience, it is virtually impossible to become a successful expert witness without being able to deliver… read more

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