Expert Witness Blog

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Practical guidance for expert witnesses — testimony, report writing, depositions, fees and building a successful practice.
September 17, 2021

Expert Witness Code of Conduct

Expert Witness Code of Conduct and ethical standards of their professional organizations and certifying bodies can be fertile area of cross-examination.

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 sanction by the court, professional

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August 27, 2021

Does HIPPA Prevent a Medical Expert Witness from Reviewing and Discussing Medical Records?

A discussion about how HIPPA applies to expert witness work with citations to provisions allowing experts to review records.

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 Insurance Portability and Accountability Act

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August 3, 2021

Expert Witness for Class Action Certification

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 certified can determine if litigation

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April 6, 2021

Expert Witness Business Development: How Many Prospective SEAK Expert Witnesses Will Attorneys Contact for a Case?

A discussion of the number of experts attorneys reach out to and what that means for expert witness business development.

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 boils down to is that

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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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