Lack of Informed Consent Leads to Medical Malpractice

Surgeon Performing Operation

Informed Consent   I was recently involved in a medical malpractice case that went against the physician. Remember, most malpractice cases are brought against a physician is in reality bad outcomes, as no one in the medical profession attempts to… Continue Reading

Prison Mental Health Care System Inadequate: Correctional Experts Agree

High Rate of Prisoners on the Mental Health Caseload

Mental Care In U.S. Prison System Inadequate There is a high rate of  U.S. Prisoners on the mental health caseload. The U.S. Prison System is inadequate since mental health care experts agree that the services contracted to treat mentally ill… Continue Reading

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

Expert Witness’s Bias: Distinction Between Admissibility & Weight of Evidence

Bias can result inDisqualification of Expert Witness

Generally, if there are concerns about an opposing party’s expert witness bias; it has been argued that their evidence has been given less weight. Recent decisions have been established that this measure is no longer effective, unless bias is sufficiently… 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 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