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?

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 |2021-04-06T08:17:00-04:00April 6th, 2021|Blog, Uncategorized|Comments Off on 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?

Pediatrician Expert Witness: What Types of Cases will you be Retained 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 [...]

By |2021-03-30T09:07:20-04:00March 29th, 2021|Uncategorized|Comments Off on Pediatrician Expert Witness: What Types of Cases will you be Retained on?

What Types of Cases do Family Medicine Expert Witnesses Work On? – Sample Case List

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 |2021-03-29T11:58:39-04:00March 25th, 2021|Uncategorized|Comments Off on What Types of Cases do Family Medicine Expert Witnesses Work On? – Sample Case List

SEAK Expert Witness Case Inquiries: Most and Least Popular Days of the Week For Hiring Expert Witnesses

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. [...]

By |2021-03-30T12:16:53-04:00March 24th, 2021|Blog, Uncategorized|Comments Off on SEAK Expert Witness Case Inquiries: Most and Least Popular Days of the Week For Hiring Expert Witnesses

Expert Witness Business Development/Marketing: Paralegals and Legal Nurse Consultants Should Be on Your Radar

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 [...]

By |2021-03-25T08:49:05-04:00March 24th, 2021|Blog, Uncategorized|Comments Off on Expert Witness Business Development/Marketing: Paralegals and Legal Nurse Consultants Should Be on Your Radar

Life Care Plan: Consulting with Treating Physicians

Steven Babitsky, Esq. The United States District Court, M.D. Louisiana dealt with a slip and fall case and the life care plan of Aaron Wolfson, PhD. Dr. Wolfson spoke to the treating physicians and then sent a letter to each doctor, recording the need for future medical treatment of the plaintiff. The court held that [...]

By |2020-12-18T15:33:00-05:00December 18th, 2020|Uncategorized|Comments Off on Life Care Plan: Consulting with Treating Physicians

Life Care Planner: Life Expectancy

Steven Babitsky, Esq. The United States District Court, D. Puerto Rico dealt with a motion to set aside or reduce a jury award of $12,966,000 for a child born with cerebral palsy due to medical negligence. The court upheld the verdict despite the lack of expert testimony on the issue of life expectancy. The court [...]

By |2020-12-18T15:32:11-05:00December 18th, 2020|Uncategorized|Comments Off on Life Care Planner: Life Expectancy

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 [...]

By |2020-12-08T12:30:06-05:00December 8th, 2020|Uncategorized|Comments Off on When Counsel Opens the Door on Cross-Examination

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 [...]

By |2020-12-08T12:26:04-05:00December 8th, 2020|Uncategorized|Comments Off on What Expert Witnesses Can Do When Opposing Counsel Takes Material Out of Context

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 [...]

By |2020-12-08T12:24:11-05:00December 8th, 2020|Uncategorized|Comments Off on Expert Witnesses Strike Back
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