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
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
By Jonathan Hersch, MD Introduction Over the last 20 years Orthopedics has moved towards a more minimally invasive way to perform the same procedures as we did open, such as rotator cuff repairs and ligament repairs of the shoulder. We have used a camera instead of a large incision to look inside the shoulder joint… read more
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
