What advice do judges give to expert witnesses about how to be a more effective expert? Judge Russell Canan, speaking at the SEAK National Expert Witness Conference gave this advice to experts. Preparation: a. Review background and experience with attorney. b. Attorney should review entire case with expert prior to the expert completing the 12(b)(6) statement [...]
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 [...]
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 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 [...]
How far can and should expert witnesses be permitted to go in commenting on the opposing expert and his opinions? The court, in Landis v. HEARTHMARK, LLC, Dist. Court, ND West Virginia 2014 placed strict limits on the sniping between expert witnesses. The court stated: Pending before this Court is Plaintiffs' Motion to Exclude All [...]
Forensic accounting firms across the country are struggling with a new self-created pyramid crisis. These large and middle sized firms have dozens, hundreds or even thousands of CPA's, CFE's CIRA's working on forensic issues. What they do not have is experienced forensic expert witnesses who can testify at depositions, hearings and trials. The pyramid consists [...]