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
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
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
By Jonathan Hersch, MD Introduction A large percentage of the population is walking around now with meniscus tears (aka cartilage tears) in the knee without knowing it. Many people currently have rotator cuff tendon tears in the shoulder but don’t know it. Many people have herniated discs in the neck, and low back yet don’t… read more
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
By: Dudley Seth Danoff, MD, FACS With the current controversy on prostate cancer screening and PSA (prostate specific antigen) testing, a trend appears to be developing away from aggressive surgical treatment for early stage localized prostate cancer. Whether this approach fits within the standard of care in a particular case must be determined by a… read more
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
In the 2020 case of Blair v Coney, the Court discussed the admission of expert opinions in thorough detail. No. 2019-CC-00795, 2020 La. LEXIS 670 (La. Apr. 3, 2020). Under the landmark case Daubert v Merrell Dow Pharmaceuticals, extensive inquiry into the reliability of the facts and methodology upon which a testifying expert’s opinion is… read more
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
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
