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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

Treating Physician Called to Testify: Paid for Time

Steven Babitsky ,Esq. The US District Court D. Kansas dealt with a sexual harassment and retaliation claim. The treating physician was called to testify at deposition. The defense offered to pay $40, the statutory “fact witness rate.” The court rejected this attempt and ordered payment for the doctor’s time. The court stated: In her request… read more

Expert Witness: Wrongful Refusal to Proceed with Deposition. $28,000 Award.

Steven Babitsky, Esq. The United States District Court, S.D. New York dealt with an expert witness Dr. Ho who refused to answer certain questions at her deposition. The court found the refusal unreasonable and ordered the plaintiff to pay $28,207 in attorney fees and costs. The defense sought $107,000 in fees. The court stated: Earlier… read more

Video-conference Deposition of Expert Ordered

Steven Babitsky, Esq. The Illinois District Court in Sonari Systems v. Romano, no. 16-cv-3371 ND Ill July 13, 2020 dealt with a request for an in-person deposition of an expert witness. The court reviewed the numerous travel and safety issues resulting from the ongoing pandemic and found that the expert need not appear in person… read more

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