Expert Witness Blog

Practical guidance for expert witnesses — testimony, report writing, depositions, fees and building a successful practice.
April 6, 2021

Can a Physician Expert Witness Testify as to a Physician’s Assistant (PA) Standard of Care?

A discussion of whether a physician can testify as to the standard of care for a physician's assistant (PA) in a medical malpractice case.

By Kelly Wilbur, Esq. Physicians are often called upon to evaluate the conduct of physician’s assistants (PA) and whether such conduct comports with the PA standard of care. Whether the physician will be permitted to offer an opinion in this regard, varies by state and by the context of the situation involved in the case. The admissibility of physician expert

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April 6, 2021

Can a physician expert witness testify as to the standard of care for a nurse and/or a nurse practitioner in a medical malpractice case?

A discussion of whether a physician can testify as to the standard of care for a nurse and/or nurse practitioner in a medical malpractice case.

By Kelly J. Wilbur, Esq. Physicians are sometimes called upon to evaluate the conduct of a nurse or a nurse practitioner and whether such conduct comports with the standard of care. Whether the physician will be permitted to offer an opinion in this regard, varies by state and by the context of the situation involved in the case. Courts are

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March 29, 2021

Pediatrician Expert Witness: What Types of Cases will you be Retained on?

An overview with examples of the types of cases a pediatrician expert witness may be retained to provide an opinion on.

By Kelly Wilbur, Esq. We are often asked by prospective pediatrician expert witnesses if there is work out there in their field given that it is a relatively low risk specialty.  We are also often asked to give examples of the types of cases a pediatrician expert witness might be called upon to serve as an expert witness.  Below are 33

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March 25, 2021

What Types of Cases do Family Medicine Expert Witnesses Work On? – Sample Case List

Sample case referrals for family medicine expert witnesses, from the SEAK Expert Witness Directory.

By Kelly Wilbur, Esq. We are often asked by prospective expert witnesses if there is work in their particular field and to give examples of the types of cases an expert in a particular field might be retained to work on. Below are 30 sample cases where a family medicine expert witness might be called upon to serve as an expert

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March 24, 2021

SEAK Expert Witness Case Inquiries: Most and Least Popular Days of the Week For Hiring Expert Witnesses

A breakdown and analysis of which days of the week lawyers submit expert witness case inquiries.

By Kelly Wilbur, Esq. One of the easiest and most effective ways to expand your expert witness practice is to be responsive to new case inquiries from lawyers. Trial lawyers are very busy and must operate under court-imposed constraints. Often times lawyers, rightly or wrongly, will hire the first qualified expert who gets back to them. It is therefore a best

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March 24, 2021

Expert Witness Business Development/Marketing: Paralegals and Legal Nurse Consultants Should Be on Your Radar

An overview of who searches for expert witnesses on the SEAK Expert Witness Directory.

By Kelly Wilbur, Esq. Expert witnesses are an integral part of the vast majority of significant lawsuits.  As such, trial attorneys need to identify and then retain expert witnesses numerous times per year.  There are various ways that attorneys go about this process. For users of the SEAK Expert Witness Directory who reach out to experts initially via email: 54% are

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February 1, 2021

Affidavit of Merit: How to Write One & Advice for Physician Expert Witnesses Involved in Medical Malpractice Cases

Advice on how to write an affidavit of merit in a medical malpractice case from a former medical malpractice attorney.

by Nadine Nasser Donovan, Esq. Medical malpractice actions are unusual in that many states require patients (i.e. plaintiffs) to demonstrate that they have expert witness support for their medical malpractice allegations before suit is filed. Such requirements are grounded in either state statutes or regulations. These rules are designed to discourage frivolous malpractice lawsuits and encourage pre-suit settlements of claims.

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December 18, 2020

Life Care Plan: Consulting with Treating Physicians

Steven Babitsky, Esq. The United States District Court, M.D. Louisiana dealt with a slip and fall case and the life care plan of Aaron Wolfson, PhD. Dr. Wolfson spoke to the treating physicians and then sent a letter to each doctor, recording the need for future medical treatment of the plaintiff. The court held that the procedure followed by Dr.

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December 18, 2020

Life Care Planner: Life Expectancy

Steven Babitsky, Esq. The United States District Court, D. Puerto Rico dealt with a motion to set aside or reduce a jury award of $12,966,000 for a child born with cerebral palsy due to medical negligence. The court upheld the verdict despite the lack of expert testimony on the issue of life expectancy. The court stated: With respect to the

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December 8, 2020

When Counsel Opens the Door on Cross-Examination

Steven Babitsky, Esq. Opposing counsel may make a mistake during cross-examination of an expert witness. Experienced expert witnesses know how to take advantage of these opportunities. Here is how two experts capitalized on the mistakes of opposing counsel. “Sometime ago I was asked to be a defendant’s expert witness in a medical malpractice case. The allegation was that the urologist

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