Expert Witness Blog
Practical guidance for expert witnesses — testimony, report writing, depositions, fees and building a successful practice.
February 27, 2014
Expert Witness Jury Instructions
Expert witnesses should be familiar with the instructions jurors are given about expert witnesses. Judge Peter Lauriat speaking at the SEAK National Expert Witness Conference in Chicago set forth the jury instructions for expert witnesses: JURY INSTRUCTION – EXPERT WITNESSES Commonwealth v. Hinds, 450 Mass. 1 (2007) Ladies and gentlemen of the jury, let me also instruct you about expert
Read moreFebruary 25, 2014
What Attorneys Really Want In An Expert Witness
How can expert witnesses please retaining counsel while still retaining their integrity, credibility, and viability as experts? Attorney Barry Boise speaking at the SEAK National Expert Witness Conference addressed what attorneys are really looking for from experts: I. Credentials A. Qualifications/Professional Credentials 1. Active practice 2. Knowledge of current events and themes 3. Knowledge of events and themes at time
Read moreFebruary 25, 2014
Metallurgist on Temperature of Metal Exhaust Tube
Are too many expert witnesses being disqualified from testifying at Daubert hearings? The US court of appeals thought so in the case of United Fire and Cas. Co. v. Whirlpool Corp., 704 F. 3d 1338 – Court of Appeals, 11th Circuit 2013. The court reversed the exclusion of a metallurgist who was retained solely to testify in a products liability
Read moreFebruary 25, 2014
Expert Witness Entitled to be Paid for Travel Time
The US district court (D. Virgin Islands) in the case of, Crowell v. RITZ CARLTON HOTEL (VIRGIN ISLANDS), INC., Dist. Court, D. Virgin Islands 2013 dealt with a discovery dispute. The court, being none too pleased with the lack of cooperation in simply taking a deposition was forced to rule on this discovery dispute. The court ordered payment in advance
Read moreFebruary 25, 2014
Treating Physician Testifying as Expert Witness
What happens when a treating physician “morphs” into an expert witness. The courts have held that the party offering expert testimony of a treating physician must comply with Rule 26(a)(2)(b) and provide opposing counsel with the expert’s report. The court, in Gann v. DYNASPLINT SYSTEMS, INC., Dist. Court, D. Nevada 2013 stated: Defendant also argues that Plaintiff violated Rule 26(a)(2)(B)
Read moreFebruary 23, 2014
Medical Expert Witnesses Availability for Plaintiff and Defense
The American Board of Medical Quality (ABMQ) in their policy on medical expert consulting and testifying (#35) states: Physicians should be available to consult with both the defense or plaintiff bar as this enables both physicians and the public to be protected. Dr. Thomas Gutheil will be speaking at the SEAK National Expert Witness Conference on May 3-4, 2014 in
Read moreFebruary 23, 2014
Expert Witnesses Notes Not Covered Under Draft Work Product Protection
Attorney David Dummer explained that the notes that expert witnesses take are not covered by FRCP 26(b) 4 (B)s protection of drafts. Speaking at the SEAK National Expert Witness Conference he reported that following: ￭ Courts appear to be allowing liberal discovery into the work performed by a testifying expert and may continue to narrowly construe Rule 26(b)(4)(B)’s protection of
Read moreFebruary 23, 2014
Forensic Pathologist on Sequence of Gunshots
Should a forensic pathologist who partially relies on witness statements to formulate his opinion on the sequence of gunshots be permitted to testify? The court, in Fancher v. Barrientos, Dist. Court, D. New Mexico 2014 after a Daubert hearing permitted the testimony. The court stated: Dr. Di Maio testified that the generally accepted diagnostic method in the field of forensic
Read moreFebruary 21, 2014
Nurse Expert Witness on Medical Coding and Billing
Should an RN with extensive background in medical coding and billing be permitted to testify that only 30% of short-stay admission had adequate documentation to support the in-patient level of care billed to Medicare? A Florida court said yes and rejected the attempt to exclude her testimony. The court, in US v. Halifax Hospital Medical Center, Dist. Court, MD Florida
Read moreFebruary 21, 2014
Expert Witness on Opposing Experts
How far can and should expert witnesses be permitted to go in commenting on the opposing expert and his opinions? The court, in Landis v. HEARTHMARK, LLC, Dist. Court, ND West Virginia 2014 placed strict limits on the sniping between expert witnesses. The court stated: Pending before this Court is Plaintiffs’ Motion to Exclude All Evidence Regarding the Divorce and
Read more