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 [...]
Expert witnesses should be familiar with the instructions jurors are given about expert witnesses. Judge Peter Lauriat speaking at the SEAK National Expert Witness Conference in Chicago set forth the jury instructions for expert witnesses: JURY INSTRUCTION - EXPERT WITNESSES Commonwealth v. Hinds, 450 Mass. 1 (2007) Ladies and gentlemen of the jury, let me [...]
How can expert witnesses please retaining counsel while still retaining their integrity, credibility, and viability as experts? Attorney Barry Boise speaking at the SEAK National Expert Witness Conference addressed what attorneys are really looking for from experts: I. Credentials A. Qualifications/Professional Credentials 1. Active practice 2. Knowledge of current events and themes 3. Knowledge of [...]
Are too many expert witnesses being disqualified from testifying at Daubert hearings? The US court of appeals thought so in the case of United Fire and Cas. Co. v. Whirlpool Corp., 704 F. 3d 1338 - Court of Appeals, 11th Circuit 2013. The court reversed the exclusion of a metallurgist who was retained solely to [...]
The US district court (D. Virgin Islands) in the case of, Crowell v. RITZ CARLTON HOTEL (VIRGIN ISLANDS), INC., Dist. Court, D. Virgin Islands 2013 dealt with a discovery dispute. The court, being none too pleased with the lack of cooperation in simply taking a deposition was forced to rule on this discovery dispute. The [...]
What happens when a treating physician “morphs” into an expert witness. The courts have held that the party offering expert testimony of a treating physician must comply with Rule 26(a)(2)(b) and provide opposing counsel with the expert’s report. The court, in Gann v. DYNASPLINT SYSTEMS, INC., Dist. Court, D. Nevada 2013 stated: Defendant also argues [...]
The American Board of Medical Quality (ABMQ) in their policy on medical expert consulting and testifying (#35) states: Physicians should be available to consult with both the defense or plaintiff bar as this enables both physicians and the public to be protected. Dr. Thomas Gutheil will be speaking at the SEAK National Expert Witness Conference [...]
Attorney David Dummer explained that the notes that expert witnesses take are not covered by FRCP 26(b) 4 (B)s protection of drafts. Speaking at the SEAK National Expert Witness Conference he reported that following: ￭ Courts appear to be allowing liberal discovery into the work performed by a testifying expert and may continue to narrowly [...]
Should a forensic pathologist who partially relies on witness statements to formulate his opinion on the sequence of gunshots be permitted to testify? The court, in Fancher v. Barrientos, Dist. Court, D. New Mexico 2014 after a Daubert hearing permitted the testimony. The court stated: Dr. Di Maio testified that the generally accepted diagnostic method [...]
Should an RN with extensive background in medical coding and billing be permitted to testify that only 30% of short-stay admission had adequate documentation to support the in-patient level of care billed to Medicare? A Florida court said yes and rejected the attempt to exclude her testimony. The court, in US v. Halifax Hospital Medical [...]