Posts containing information and tips for expert witness report writing.
By James J. Mangraviti, Jr., Esq. Introduction – What is an Expert Witness? Before we delve into what is included in an expert witness report, we should briefly discuss what an expert witness is. Expert witnesses (also known as opinion witnesses) are witnesses in court cases who are allowed to offer their professional opinions [...]
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 [...]
Expert witnesses are increasingly facing Daubert and other challenges to their expert witness testimony and opinions. What can expert witnesses to do to increase the likelihood that their testimony will survive such challenges? Attorney Adam Bain, writing for SEAK, provides four tips to prevent exclusion of your expert witness opinions. (1) Ensure that you have [...]
Judge Susan Burke, writing for SEAK, offers the following tips for expert witnesses: 1. Highlight Your Relevant Qualifications • Do not ramble on about every residency, professional association, honor, and peer reviewed article. • Focus on relevant experience. • Include memorable experience if possible. • The goal is to demonstrate to the jury that you [...]
More and more courts are finding that federal rule 26 requiring that the expert “prepare” his/her report means that the report needs to be written by the expert and not the retaining lawyer. Some courts have gone so far as to make highly critical comments about the expert whose report was ghostwritten by the lawyer [...]
Expert witnesses are increasingly being challenged, and in many cases being disqualified under Daubert. When attorneys suspect retaining counsel has effectively “written” the expert’s report, attorneys are using this to pursue disqualification of the expert. In the case of MOBILE MEDICAL INTERNATIONAL CORPORATION, v. ADVANCED MOBILE HOSPITAL SYSTEMS, INC., Case No. 2:07-cv-231, United States District [...]
https://www.youtube.com/watch?v=SJgZb9Di7X0&t=9s How to Write an Expert Witness Report Hi, my name is Steven Babitsky. I'm the President of SEAK, Inc. I'd like to welcome Attorney James Mangraviti, with me this morning to talk about expert witness reports. Jim, why is it important to draft a well organized written report? All right. It's really important [...]
One of the things accomplished expert witnesses learn quickly is: how you say it is just as important as what you are saying. Excellent communication skills is crucially important for expert witnesses who wish to excel. OSHA and safety expert witness Chip Darius explains. Q. Mr. Darius, Why are communication skills important for expert witnesses? [...]
Experts and attorneys understand that the ability to write a clear, understandable, and defensive report is a requirement to being a successful expert witness. Professor and clinical psychiatrist Kirk Heilbrun, PhD explains. Q. Dr. Heilbrun, how important is report writing ability for the success of expert witnesses? Extremely important. The report is the substantive foundation [...]
Jeff Balcombe, CPA speaking at the SEAK National Expert Witness Conference gave attendees the following practical tips on expert witness report writing: Stay within your area of expertise Proactively address all key facts, including ones that are contrary to or mitigate your conclusions Don’t be like Sgt. Schultz of Hogan’s Heroes: "I hear nothing, I [...]