Independent Medical Examination: Medical and Legal Issues

Independent Medical Examination Anatomy of muscular man

What is an IME?   An independent medical examination (IME) is a second opinion exam that may be conducted by a non-interested physician to obtain an independent opinion of an individual medical condition.  Insurance companies and personal injury attorneys have the… Continue Reading

Expert Witness Disclosure: Litigation & Consulting Professionals

Rules of an expert witness disclosure apply only to testifying experts

Expert Witness or Consultant An expert witness disclosure is required if the expert is retained to testify at trial.  However, consulting expert disclosures, or additional disclosures of testifying experts are protected, such as the expert’s reports and depositions to be conducted.… Continue Reading

EMTALA and Bad Faith as Additional Causes of Actions in Medical Malpractice Suits

Normally most attorneys when analyzing their potential malpractice cases just look at clinical violations in the application standard of care and if they are causally related to a bad outcome.  What many fail to realize is that there are two… Continue Reading

Four-Factor Test to Determine Expert Testimony Reliability

The Daubert standard main purpose is to determine the scientific validity of the offered expert testimony, giving defense attorneys more ways in which to attack such testimony.  Thus, judges as “gatekeepers” must use four factors to determine whether the theories… Continue Reading

Adversarial Bias: Expert Testimony in Modern Litigation

Some Daubert opponents often argue that any reliability test is improper for expert testimony, and eyewitnesses’ testimony is not subject to any special reliability test. In this regard, the modern rules for expert testimony assert that such testimony is susceptible… Continue Reading

The Acceptable “Rate of Error” in Expert Witnesses’ Opinion

The “error rate”, one of the Daubert factors, requires the trial judge to evaluate the error rate with regard to whether the method has been tested, and whether the expert’s opinion has an acceptable rate of error. If the test… Continue Reading

The Payor of Costs and Expert Witness Fees is Irrelevant

A statutory offer to compromise set in the California Code of Civil Procedure section 998, has been used by many attorneys as a strategic tool to force a settlement since attorneys can arrange the value of an offer as a… Continue Reading

Role of Expert – Duty of Care Professionals- Expert Witness

Professionals who undertake the role of expert witnesses in litigation need to be impartial and owe a primary duty of care to the court and subsequently to their clients. This duty of care can definitely be breached. The judicial process… Continue Reading