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
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
By Steven Babitsky, Esq. When I work with employed physicians who want to get into the consulting field the first thing I ask them is: Q. Tell me about your employment contract? In fact in most cases I ask them to send it along to me so we can review it together. Many busy employed… read more
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
By Rich Woolley, DC, MS, ATC, CMTPT/DN Introduction Legal disputes may require the specialized knowledge of a dry needling expert witness to assist the fact finder. The types of disputes that may require a dry needling expert witness include personal injury, medical malpractice, healthcare fraud, etc. Adverse events such as pneumothorax (collapsed lung), infection, delayed… read more
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
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
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
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
By Susan Abookire, MD MPH FACP Introduction A missed or delayed diagnosis, particularly of cancer, can lead to malpractice litigation. In one study of five malpractice insurance companies across four regions of the United States, (Northeast, Mid-Atlantic, Southwest, and West), the authors found that 29% of claims with injuries (and a determination of error) were… read more
