Posts discussing how to best manage and grow an expert witness practice.
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 [...]
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 [...]
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 [...]
Forensic accounting firms across the country are struggling with a new self-created pyramid crisis. These large and middle sized firms have dozens, hundreds or even thousands of CPA's, CFE's CIRA's working on forensic issues. What they do not have is experienced forensic expert witnesses who can testify at depositions, hearings and trials. The pyramid consists [...]
The 5 Biggest Reasons Expert Witnesses Don’t Get Paid Steven Babitsky, Esq. As a consultant to expert witnesses, I receive calls about assistance in deposition and trial preparation, report writing, Daubert issues, etc. However, by far the most frequent issue expert witnesses call about is their failure to be paid promptly and in full [...]
An expert witness testifying on causation should directly deal with the issue of alternative causes. The US Court of Appeals (7th Circuit) in Schultz v. Akzo Nobel Paints, LLC, 721 F. 3d 426 dealt with a painter who developed acute myeloid leukemia (AML) and later died. The lower court granted a motion for summary judgment [...]
When a witness testifies as to both facts and expert opinions, the court will treat him as a dual capacity expert. The court, in US v. Tucker, 714 F. 3d 1006 - Court of Appeals, 7th Circuit 2013 dealt with an appeal of a drug conviction. The court upheld the conviction finding that a properly [...]
The US Court of Appeals in US v. Ignasiak, 667 F. 3d 1217 - Court of Appeals, 11th Circuit 2012 reversed the conviction of a physician for health care fraud (dispensing controlled substances.) The court found that the government improperly withheld crucial information about a medical expert who “regularly” testified for the government. The court [...]
Expert witnesses testifying at deposition are entitled to fees for: Deposition preparation Travel to and from the deposition Time spent reviewing the deposition transcript The US Court of Appeals in Halasa v. ITT Educational Services, Inc., 690 F. 3d 844 - Court of Appeals, 7th Circuit 2012 upheld the award of $2,955 to the [...]
How much time are expert witnesses testifying at deposition permitted to charge for preparation time? In the absence of time sheets documenting the actual time spent, some courts have adopted a rule of thumb (i.e. 3 hours preparation for each hour expert testifies.) The court, in EL CAMINO RESOURCES, LTD. v. Huntington National Bank, Dist. [...]