Testimony

Expert Witness Testimony Preparation: What is and is not Ethical

A discussion of what lawyers can and cannot do when preparing an expert witness to offer testimony at both deposition and trial.

By: Kelly J. Wilbur, Esq. While some lawyers skimp on their expert witness testimony preparation, which can be an ethics violation on its own, other lawyers take the “preparation” too far. Furthermore, the practice of coaching witnesses during testimony that goes so far as to be essentially manipulating the witness’ conduct during the testimony is unethical.[1] Preparation During expert witness

Expert Witness Cross-Examination – Can a Lawyer Go Too Far?

A discussion of the techniques lawyers use on expert witness cross-examination and what can happen if they go too far.

By James J. Mangraviti, Jr., Esq. Introduction – Expert Witness Cross-Examination Expert witness cross-examination can be a challenging process for the expert witness.  Trials are held in order to evaluate the credibility of witnesses.  Expert witness cross-examination is allowed in order for opposing counsel to challenge the credibility of the expert witness and the expert witness’s opinions. Expert Witness Cross-Examination

What You Will Be Asked at Your Expert Witness Deposition

A discussion of the areas of inquiry and the types of questions you may be asked at your expert witness deposition.

By James J. Mangraviti, Jr., Esq. Introduction Trials are very risky and very expensive.  Because trials are so expensive and so risky, the vast majority of cases resolve by way of settlement.  Since so many cases settle, expert witnesses are typically far more likely to give their testimony at an expert witness deposition instead of at trial. What is An

Expert Witness Cross-Examination: What to Expect & How to Excel

A discussion of what expert witness cross-examination entails and how to excel on cross-examination as an expert witness.

By James J. Mangraviti, Jr., Esq. Introduction Expert witness cross-examination can be the part of serving as an expert witness that expert’s most worry about.  It shouldn’t be.  A properly prepared and trained expert witness can easily survive and thrive during cross examination.  In fact, for a well-trained and prepared witness, expert witness cross examination can actually be enjoyable. Understanding

Expert Witness Testimony: The Three Biggest Mistakes Witnesses Make When Providing Expert Witness Testimony at Deposition and Trial

A discussion of the biggest mistakes expert witnesses make when giving expert witness testimony.

By James J. Mangraviti, Jr. Esq. I have had the honor and pleasure of teaching, training, and preparing expert witnesses since 1996.  Over the years, I have seen expert witnesses repeatedly make the same mistakes when providing their expert witness testimony.  These mistakes when providing expert witness testimony are typically 100% avoidable.  The three most common expert witness testimony mistakes

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

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

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

What Expert Witnesses Can Do When Opposing Counsel Takes Material Out of Context

Steven Babitsky, Esq. Counsel may, during cross-examination of an expert witness, take a statement out of context before the jury. The expert needs to be ready to take advantage of this opportunity. Here is how three expert witnesses explained how they effectively dealt with their opportunity. 1. “The defense attorney asked me to comment on the opinion of defense’s medical

Expert Witnesses Strike Back

Steven Babitsky, Esq. Experienced expert witnesses can and do selectively strike back against opposing counsel during their cross-examination. Here is how some expert witnesses described their experiences. 1. “Q: Doctor, when you take a medical history, are there specific techniques you use to get the answer you want out of a patient? A: I did not go to law school,