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

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

Gunshot Residue Expert: Three Ways Particles May Land on Shooter

Gunshot Residue Expert Expert Witness

Gunshot Residue Expert Witness Gunshot residue (GSR) is a forensic science test on the hands and clothing of an individual to identify whether that person has discharged a firearm. Although, the dermal nitrate test is obsolete, science and technology are… Continue Reading

Promissory Notes – Traps & Tips

The Trap Although appearing relatively simple in concept, a promissory note and the accompanying loan documents can be very complex in construction. Additionally, the attorney must insure that its terms and conditions of the note and other loan documents comply… 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

Disputes Between Medical Corporations, Physicians – Death, Rights and Obligations

  Healthcare is one of the largest components of our national GDP (17.4% in 2013). Doctor services are a large part of that, comprising $587 billion in 2013. Doctors traditionally operate through professional medical corporations in which they are the… Continue Reading