alex

/Alex Babitsky

About Alex Babitsky

Alex Babitsky, MBA as a Partner of SEAK, Inc., (The Expert Witness Training Company) I deal with expert witnesses and the attorneys, insurance companies and paralegals who retain them on a daily basis. I manage SEAK’s Directories, which include: SEAK Expert Witness Directory: www.SeakExperts.com SEAK Medical File Review Consultants Directory: www.FileReviewConsultants.com SEAK National Directory of Independent Medical Examiners: www.IMEDirectory.com I've authored numerous books including: ● The National Guide to Expert Witness Fees and Billing Procedures ● The A to Z Guide to Expert Witnessing ● What All Physicians Considering Starting an IME Practice Should Know ● How to Market Your Expert Witness Practice: Evidence Based Best Practices I have also been on the faculty for the National Expert Witness Conference. In addition, I manage our various websites, blogs and SEO.

How to Write a CurriculumVitae (CV) For Expert Witness Work

Hi, my name is Steve Babitsky. I'm the President of SEAK, and I'm here today with Attorney James Mangraviti from SEAK. We're going to be talking about a curriculum vitae for expert witnesses. Jim, why is it important for expert witnesses to have a curriculum vitae or CV? Jim Mangraviti: A very simple reason, you're [...]

By |2018-10-30T07:31:18+00:00October 30th, 2018|Blog|Comments Off on How to Write a CurriculumVitae (CV) For Expert Witness Work

Forensic Psychiatrists: Daubert Challenges

Forensic psychiatrists are increasingly facing Daubert challenges. In working with expert witnesses and particularly forensic psychiatrists, it has become clear that more and more forensic psychiatrists are being faced with Daubert challenges. The good news for the experts is that many of these challenges ultimately fail. These experts still have to go through the time [...]

By |2015-08-07T05:30:39+00:00July 8th, 2015|Blog|Comments Off on Forensic Psychiatrists: Daubert Challenges

Expert Witness Methodology: Alternative Design

Can an engineering expert witness offer his alternative design opinion without performing research and testing? The court in ELAINE BENJAMIN, v. THE FOSDICK MACHINE TOOL COMPANY, No. 11-CV-00571-JJM. United States District Court, W.D. New York. April 22, 2015 dealt with the plaintiff who got her hand entangled in a spinning reamer tool attached to an [...]

By |2015-08-07T05:30:34+00:00June 11th, 2015|Blog|Comments Off on Expert Witness Methodology: Alternative Design

Expert Witness Cross-Examination: CV

Can an expert witness be cross-examined about inconsistencies in his CV in a criminal child abuse case? A Florida court, in the case of KAREEM DANIEL FARRELL, v.  STATE OF FLORIDA, No. 4D13-2589, May 13, 2015 held he should. The court stated: Appellant next called Dr. Lloyd, a biomechanist with the Department of Veterans' Affairs. [...]

By |2015-08-07T05:30:29+00:00June 10th, 2015|Blog|Comments Off on Expert Witness Cross-Examination: CV

Medical Malpractice: Informed Consent

Expert medical testimony regarding undisclosed medical risks that had not materialized is proper in a medical malpractice informed consent case. The Supreme Court of Tennessee in the case of White v. Beeks No. V07554 (May 18, 2015) dealt with: Ike J. White III, aged nineteen, had suffered from back pain for over a year. His [...]

By |2015-08-07T05:30:23+00:00May 28th, 2015|Blog|Comments Off on Medical Malpractice: Informed Consent

Expert Witness Daubert Exclusion: No New Expert Permitted

The significance of a Daubert exclusion for the expert witness, counsel, and the client cannot be overstated.  In the Anthony Payne, v. C.R. Bard, Inc., Bard Peripheral Vascular, Inc., March 31, 2015, the court dealt with the issue of whether counsel should be permitted additional time to designate an expert when his original expert witness [...]

By |2015-08-07T05:30:44+00:00May 27th, 2015|Blog|Comments Off on Expert Witness Daubert Exclusion: No New Expert Permitted

Expert Daubert Challenge: Valuation Based on Incomplete Data

The Scott Hutchison, Plaintiff v. John R. Parent, Defendant, United States District Court, N.D. Ohio, Western Division, April 27, 2015 case dealt with a Daubert challenge to an expert who offered an alternative business valuation based on admittedly “incompetent data.” The court claimed the Daubert challenge finding that the analysis was in line with the [...]

By |2015-08-07T05:30:51+00:00May 26th, 2015|Blog|Comments Off on Expert Daubert Challenge: Valuation Based on Incomplete Data

Are Prior Expert Witness Reports Discoverable?

Are expert witnesses required to produce prior expert reports from unrelated cases during discovery? The US District Court in Colorado in CAROL VON SCHWAB,  v. AAA FIRE & CASUALTY INSURANCE COMPANY, Civil Action No. 1:14-cv-00183-CMA-NYW, April 21, 2015 held no. The court dealt with an insurance claim due to hail storm event. The court rejected [...]

By |2015-08-07T05:31:00+00:00May 24th, 2015|Blog|Comments Off on Are Prior Expert Witness Reports Discoverable?

Expert Witness Rules, Laws and Procedure in Washington

Washington Rules Regarding Expert Witness Depositions and Interrogatories  Washington Civil Rule 26(b)(5)(A)(ii) allows a party to depose all experts its opponent expects to call at trial. Washington Rules do not specifically limit the time allowed for the taking of a deposition, but Rule 30(b)(3) states that a court may increase of decrease the allowed time [...]

By |2015-08-07T05:31:07+00:00May 23rd, 2015|Blog|Comments Off on Expert Witness Rules, Laws and Procedure in Washington

Expert Witness Rules, Laws and Procedure in Indiana

Indiana Rules Regarding Expert Witness Depositions and Interrogatories  There is no general right to depose expert witnesses in Indiana, even those that are expected to testify at trial. However, Rule 26(b)(4)(A)(ii) of the Indiana Rules of Trial Procedure provides that, upon motion, a court may order discovery beyond the generally allowed means, discussed in the [...]

By |2015-08-07T05:31:13+00:00May 22nd, 2015|Blog|Comments Off on Expert Witness Rules, Laws and Procedure in Indiana