What is the Definition of an Expert Witness? The Legal Requirements to Qualify As an Expert Witness Federal Rule of Evidence 702 governs the qualifications of expert witnesses. Fed. R. Evid. 702. Expert Witness Testimony Expert Witness Definition If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to [...]
What is the Expert Witness Code of Conduct? Expert witnesses need a full understanding of the moral, legal, and financial reasons for acting in an ethical manner. Violating the expert witness code of conduct can be and, in many cases, will be subject to a variety of sanctions including prosecution for perjury, civil suits, monetary [...]
By Kelly Wilbur, Esq. One of the main components of expert witness assignments, when a plaintiff’s medical condition or status is involved, is reviewing medical records. This often begs the question, does HIPPA permit the disclosure of such records so the records may be reviewed by the expert witness? The short answer is YES. The Health [...]
By Kelly J. Wilbur, Esq. Expert witnesses may be retained to assist in the certification process for a class action lawsuit. These assignments are typically extremely lucrative. The lawyers will usually be willing to pay for top quality work-which takes time. Such assignments are also extremely high stakes. Whether or not a class can be [...]
By Kelly Wilbur, Esq. How many expert witnesses will attorneys contact at a time for a new assignment and what does that mean for expert witness business development? For attorneys using SEAK’s Expert Witness Directory the mode is 1 expert witness, the median is 1 expert witness and the average is 1.22 expert witnesses. What this [...]
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. [...]
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 [...]
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 [...]
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 [...]
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. [...]