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

Steven Babitsky, Esq. The U.S. District Court, New Mexico, dealt with a request to depose an expert witness twice; once after his report and once after his rebuttal report. The court denied the motion for a protective order and permitted a limited second deposition. The court stated: Here, the Court finds that WALH has failed… read more

Steven Babitsky, Esq. The U.S. District Court Montana, dealt with an election campaign expert who charged a modest $150 per hour and $200 per hour for deposition time. Surprisingly, plaintiff counsel challenged the fee request for the extra $50 per hour for deposition time. The court found that it was reasonable to charge a higher… read more

Steven Babitsky, Esq. The U.W. District Court D. Colorado dealt with a life care planner, Dahlberg, who relied on a prosthetist for the lifetime cost of a C-leg prosthesis. The purchase price for the prosthesis was $81,654. A Daubert challenge was filed based on the life care planner’s reliance on the prosthetist (Pickering). The court… read more

By Eric Cole, Ph.D. Introduction In patent cases, the damages expert witness must undertake apportionment of damages when the technology does not make up the whole of the accused product.[1] When products have multiple components and some components are patented while some are not, apportionment is required.[2] The patent expert witness will be tasked with… read more

Steven Babitsky, Esq. One of the most important business skills that physicians will want to develop is their negotiating skills. Successful physician negotiators effectively gather and use information and time deadlines when negotiating. Here are 15 of these strategies and techniques: Information Summary We want to determine the authority level of the person you are… read more

One of the most significant jobs of expert witnesses is report writing. Experts commonly use “red flag” words which can create problems for the expert at deposition and/or trial. Here are 12 red-flag words which expert witnesses should try to avoid. “Authoritative” to describe a text. This term has special legal significance that may allow… read more