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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

Numbered Reasons for Expert Opinions

Steven Babitsky, Esq. Experienced expert witnesses use numbered lists when expressing their opinions. In complex cases, even if the jury doesn’t understand or remember what all the reasons are, they will remember that the expert had multiple reasons supporting his opinion. Let’s take a look at an example of this technique: Q. Have you formed… read more

Remote Deposition of Expert Witnesses

The U.S. District Court N.D. Illinois dealt with a request by counsel for a protective order requiring that the expert’s deposition be conducted remotely due to the COVID pandemic. The court granted the protective order, rejecting the request for an in-person deposition. The court stated: The general concern over the risks posed by COVID-19 are… read more

Physician Consulting Contracts

By Steven Babitsky, Esq. When I work with physicians entering into the consulting field I always suggest that they  have a written consulting contract with their clients. This contract protects both the client and the physician consultant from misunderstandings about the scope,timing and remuneration for the consultant. Important issues that need to be covered in… read more

Virtual Depositions, Hearings, and Trials: ABA Section of Litigation

Steven Babitsky ,Esq. I participated in this conference call which had some takeaways for experts on virtual deposition and trials. A federal judge, expert, and two trial lawyers spoke. Here are some of the suggestions for video depositions: Be prepared for special ground rules and questions. You may be asked to: Show your report on… read more

Pediatric Neurologist Expert Witness: Hypoxic-Ischemic Encephalopathy (HIE) Causation

Brian Woodruff, MD  Hypoxic-ischemic encephalopathy (HIE) DEFINITION Neonatal encephalopathy is a clinical syndrome characterized by “a subnormal level of consciousness or seizures, and often accompanied by difficulty with initiating and maintaining respiration and depression of tone and reflexes.” (Swaiman) When it is caused by deprivation of oxygen to the brain, the diagnosis is hypoxic-ischemic encephalopathy… read more

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