October 31, 2010

Accident Reconstruction Expert Witness on International Law

The Cayman Islands operates under British law and the rules governing expert witnesses varies greatly from the United States. Accident reconstruction expert witness Jeffrey D. Armstrong, P.E. recently testified as an expert in two trials in the Cayman Islands.

Mr. Armstrong reports that expert witnesses for both sides of the case meet prior to the court date and develop a list of shared opinions. These points are no longer in question in court and questions in the case only relate to the areas that the expert witnesses disagree.

Read more: Cayman Compass.com.

October 31, 2010

Telemarketing Expert Witnesses & FTC Rule

Telemarketing expert witnesses may give opinions regarding call center agents, and computer telephony. Here, the Telemarketing Connections Newsletter writes on the FTC Telemarketing Sales Rule.

The FTC has reached a settlement with six defendants who marketed a credit card and failed to disclose that it could be used only to purchase items from a catalog operated by the defendants. FTC v. Low Pay, Inc., et al. The suit alleged that the defendants violated the Telemarketing Sales Rule by failing to disclose truthfully in a clear and conspicuous manner material limitations on use of the card as well as the total cost to receive goods or services sold.

The Federal Trade Commission has adopted changes to the Telemarketing Sales Rule setting forth rules for debt relief services. You should carefully review these new provisions if you intend to engage in debt relief solicitation or services.

Read more: http://www.copilevitz-canter.com/index.php/monthly_news_summaries/telemarketing_connections_newsletter/.

October 30, 2010

Medical Malpractice Expert Witness On Chest Pain Part 1

In Chest Pain & Medical Malpractice, medical malpractice expert witness Barry Gustin, M.D. writes:

When a patient comes to an Emergency Room complaining of chest pain, the Emergency Physician is faced with complex and difficult decisions. The physician must decide whether a major diagnostic or therapeutic intervention should be used and then must decide whether the patient is to be admitted or sent home. choosing wrong may result in catastrophic consequences for the patient making the evaluation of chest pain on of the most challenging and studied presenting medical problems, from both the clinical and risk management point of view.

For attorneys involved in litigation concerning misdiagnosed chest pain, it is essential that the complexity of its evaluation be understood and appreciated.

Physicians work form a differential diagnosis by weighing the frequency of specific diagnoses in different patient groups, associating clinical findings with common illnesses, and applying available ancillary tests to diagnose and triage adults with acute chest pain. This process, however, is extremely difficult in a brief ER visit with limited access to historical information. The ERMD will attempt to quickly establish and document an adequate database, estimate the rusk of life-threatening disease, use history and physical examination to evaluate the risk analysis, determine the role and interpretation of available ancillary tests, and then document the reasoning viewed for clinical decisions regarding disposition of therapy.

October 29, 2010

Polymers Expert Witnesses

Polymers expert witnesses may opine on conductive polymers, monomers, and related topics. Here the American Chemistry Council defines polymers:

A high-molecular-weight organic compound, natural or synthetic, whose structure can be represented by a repeated small unit, the monomer (e.g., polyethylene, rubber, cellulose). Synthetic polymers are formed by addition or condensation polymerization of monomers. If two or more different monomers are involved, a copolymer is obtained. Some polymers are elastomers, some plastics. (Plastics Engineering Handbook of the Society of the Plastics Industry, Inc., edited by Michael L. Berins, 1991).

October 28, 2010

Financial Analysis Expert Witness On Lender Characteristics

In Financing Your Indoor Waterpark Resort in 2010, finance expert witness David J. Sangree, MAI, CPA, ISHC, and Eric B. Hansen, AIA, ISHC write:

Lender Characteristics
If a lender is willing to initially consider your project, then there are several attributes that, if present, will help generate a potential positive lending decision.

How well does your lender know the market in which your resort is operating?
How knowledgeable in hospitality and waterpark operations is your lender?

Understanding that Cash Flow is King
Lenders require the property’s projected cash flow to be sufficient to easily cover the projected debt payments. Cash flow projections must be clearly defined and have reasonable bases. The lender will scrutinize the financial projections and pro-forma.

Lenders utilize the NOI to determine the debt coverage ratio for the loan. Lenders we interviewed require debt coverage ratios typically from 1.25 to 1.5. During the course of the loan, if the ratio is surpassed, then they could call for an infusion of cash to bring the loan amount back within terms of the note. The ability to do this on the developer’s part confirms the strength of the developer.

In general, the willingness of the lender to be educated on the project needs to be present from the beginning.

October 27, 2010

Computer Expert Witnesses & Computer Crimes Part 1

In Testifying as an expert witness in computer crimes cases, Deb Shinder writes:

When we think about witness testimony, most of us think first of material fact witnesses (lay witnesses). These are persons who have first-hand knowledge of matters relating to a particular case. For example, if you as an IT professional observed child pornography on the computer of one of your users at work, you could testify to this as a material witness.

An expert witness, on the other hand, is not involved in the case at hand, but has special knowledge and expertise pertaining to the subject matter of the case. For example, if you are recognized as an expert in the subject of malicious software, you could testify as to whether and how a malware infection could cause illegal pornographic images to be downloaded to a person’s computer without his or her knowledge. A major difference between material fact witnesses and expert witnesses is that the former are not generally allowed to give opinions or draw conclusions, whereas experts are. Another difference is that expert witnesses are generally paid for their testimony (by the prosecution or defense, depending on the side for which they’re testifying).

Read more: techrepublic.com.

October 27, 2010

Medical Insurance Expert Witness ON Healthcare Insurance

In The Second Coming Of Healthcare Insurance, medical insurance expert witness Stephen George, MBA-HA, writes on Scheduled Medical Plans:

Scheduled Medical Plans, sometimes called MiniMed or Limited Medical Plans provide significant savings. The newest types of plans being sold segment coverage by cause of care like: Wellness, Sickness Only and Accident Only coverage. Many plans now limit hospital and
diagnostic care by occurrence, confinement, per diems, and cause. Plans can be mixed and matched with Major Medical, Dental and Vision plans. They can also be combined with Discount Only plans that reduce the cost of non-emergency care. Limited Medical plans generally do not cover catastrophic risk, and are priced at 60%-90% off traditional coverage. Most Limited Medical / MiniMed / Scheduled Benefit Plans are designed to cover basic care and not catastrophic loss. Here in lies the problem for the uninformed buyer who has not taken the time to read the policy.

This reprint by permission of The Self-Insurer and The Self-Insurer’s Publishing Corp. as it appeared in the July, 2007 Edition.

October 26, 2010

Water Utility Expert Witness To Opine in Arizona Water Case

Paradise Valley will hire an engineering expert witness and a water utility expert witness with expertise in water rates as the town prepares to intervene in Arizona American Water Co.'s next rate case before the Arizona Corporation Commission. Arizona American serves nearly 5,000 customers in Paradise Valley and Scottsdale through its Paradise Valley Water District. It is one of three water suppliers for the town, which has no municipal service. Instead, residents and commercial facilities, including resorts, contract with Arizona American, the Berneil Water Co. or Phoenix.

Arizona American is expected to file its rate request next week, with the commission expected to hear it early next year, said Councilwoman Pam Kirby, who chairs Paradise Valley's Water Utilities Committee. Town residents, resorts and other users served by the private water company could see their bills jump by 20 percent or more if new rates are approved.

Read more: http://www.azcentral.com/news/articles/2010/10/22/20101022paradise-valley-planning-intervene-next-water-rate-case.html#ixzz13U0UK6UV

October 26, 2010

Accident Reconstruciton Expert Witness On Automobile Black Boxes

In What is an Automobile "Black Box?," Dr. Alexander Zhukov, M. Eng., Ph.D., and accident reconstruction expert witness writes:
Starting early-to-mid 90s recordable air bag modules (so called “black boxes”) have been installed in select GM vehicles. SDM, Sensing and Diagnostic Module, is the name given to air bag modules used in General Motors vehicles. Since 1998, recordable air bag modules have been installed in select Ford vehicles. RCM, Restraint Control Module, is the name given to air bag modules used in Ford vehicles.

A. Zhukov, Ph.D. & Associates is offering retrieval of data stored in the “black box” using Vetronix Crash Data Retrieval Tool (CDR Tool). The CDR Tool is capable of harvesting information from vehicle’s SDM and RCM. The device records data on a laptop PC which could later be transferred to any other device, if needed. Recorded data depends on vehicle make, model and year. The following data is typical of what is found on a newer GM vehicle:

Vehicle speed ( 5 seconds before impact )
Engine speed ( 5 seconds before impact )
Brake status ( 5 seconds before impact )
Throttle position ( 5 seconds before impact )
State of driver's seat belt switch (On/Off)
Passenger's air bag enabled or disabled state (On/Off)
SIR Warning Lamp status (On/Off)
Time from vehicle impact to air bag deployment
Ignition cycle count at event time
Ignition cycle count at investigation
Maximum delta-V for non-deployment event
delta-V vs. time for frontal air bag deployment event
Time from vehicle impact to time of maximum delta-V

October 25, 2010

Finance Expert Witness On Capital Markets

In Financing Your Indoor Waterpark Resort in 2010, finance expert witness David J. Sangree, MAI, CPA, ISHC, and Eric B. Hansen, AIA, ISHC write:

The big question for 2010 is as follows: After two years of the frozen tundra in lending, are the capital markets beginning to thaw? Amid a plethora of opinions and sentiments, both positive and negative, where does reality come into play? Yes, the capital markets are beginning to thaw. Some financing has become available and transaction volume has increased, but this has been mainly for distressed properties. There has still not been any movement for new construction lending in 2010, just as there was not any significant new lending in 2009. The bottom line is that financing a new construction hotel and indoor waterpark resort remains extremely difficult.

Due to a lack of confidence in a market that has been ravaged by an economic recession, numerous bank foreclosures, and uncertainty regarding future regulations, lenders have pulled way back on financing new construction projects of all types.

When capital starts to flow again, what will characterize the deal, the deal makers, and the development project itself? This article describes the types of financing that are generally available, the characteristics of the developer, the lender, and the typical indoor waterpark resort development. A discussion of the challenges to obtain financing is followed by suggestions to overcome those obstacles.

October 24, 2010

Forensic Nursing Expert Witnesses

In Forensic Psychiatric Nursing -- A Legal Affair: An Expert Interview With Angela Frederick Amar, PhD, RN, and Paul Thomas Clements, PhD, APRN-BC, CGS, DF-IAFN Medscape asks: What is forensic nursing?

Drs. Amar and Clements: Forensic nursing is nursing care with a legal component. Often times, this can mean that a crime has been committed and the client is involved with the criminal justice system as a victim, offender, or an involved family or significant other. Common practice situations include sexual assault, intimate partner violence, child maltreatment, death investigation, correctional nursing, forensic psychiatric nursing, legal nurse consultant, and forensic psychiatric liaison nursing.

Medscape: What is the state of the science for this specialty practice?

Drs. Amar and Clements: Forensic nursing, recognized as a specialty by the American Nurses Association in 1995, is a newer specialty and in the early stages of nursing science development. Beginning with the pioneering research of Dr. Ann Burgess, much of the forensic nursing research initially explored sexual assault, responses to sexual assault, and the role and efficacy of the sexual assault nurse examiner. The contemporary era of forensic nursing research has expanded to the pervasive public health issues of intimate partner violence, child maltreatment, and elder abuse. As the practice of forensic nursing continues to expand, so does the research.

Read more: medscapetoday.com.

October 23, 2010

Managed Care Expert Witness On Healthcare Insurance Part 2

In The Second Coming Of Healthcare Insurance, managed care expert witness Stephen George, MBA-HA, writes on plan designs:

The good news is that the market is responding with plan designs that are affordable. These plan designs can be organized into two basic types of benefit packages: Scheduled Medical and Major Medical plans. Key elements that separate these plan types are sufficient Hospital, Wellness, Pharmacy, and provider network. The biggest difference is that Scheduled plans cost and cover much less medical care. Most of the latest Major Medical plan changes reduce coverage and increase out of pocket member costs. These plans include HRA, HSA, HDHP, CDHP, HMO, EPO and PPO plans, and shift this cost to employee by increasing deductibles, co payments, co insurance, and eliminating pharmacy, wellness, mental, vision, dental and, or out-of-contracted-plan care. By definition, Major Medical plans usually cover most catastrophic loss. This is not true for most Scheduled Medical Plans.

This reprint by permission of The Self-Insurer and The Self-Insurer’s Publishing Corp. as it appeared in the July, 2007 Edition

October 22, 2010

Collision Analysis Expert Witnesses & GM Seatbelt Recall

Collision analysis expert witnesses may opine regarding accident reconstruction, crashworthiness, collision analysis, and related topics. Here, the Accident Reconstruction Network reports:

General Motors Co is recalling 322,409 model year 2009 and 2010 Chevrolet Impala sedans because front seat belts may not be properly anchored, the automaker and federal regulators said on Friday. No injuries or fatalities have been reported in cases where the seat belts were not securely anchored or twisted, GM said in a letter to the U.S. National Highway Traffic Safety Administration.

GM said it will begin asking its Impala customers later this month to bring the sedans to dealerships for inspection and repair if necessary, free of charge. Through mid-August, GM told NHTSA it had received 32 warranty reports of seat belts having separated from their anchorage.
The vehicles involved in the recall were assembled in Ontario from April 2008 to March 2010, GM said. NHTSA said of the 303,100 Impalas recalled in the United States, about two-thirds of them were 2009 models.

October 21, 2010

Accident Reconstruction Expert Witnesses

In What is Accident Reconstruction? Dr. Alexander Zhukov, M. Eng., Ph.D., and accident reconstruction expert witness writes:

Accident Reconstruction is a scientific attempt to determine how a traffic accident occurred. It is a procedure by which the circumstances of a traffic collision are proven or estimated by working backward from the resulting damage and evidence. For example, the length of skidmarks, final resting positions of vehicles involved in the crash, and the amount of crush damage to the automobiles can be used to determine, or at least approximate, the speeds and/or directions of travel of the vehicles before the collision.

An Accident Reconstructionist is a person specially trained in using these procedures to determine the collision circumstances. The Reconstructionist is an expert witness usually retained by either the plaintiff or defendant in a lawsuit, who can be of great benefit in cases where fault for a collision is in dispute. Some police agencies have their own personnel trained in accident reconstruction who will be assigned to prepare independent reconstruction reports about particularly severe traffic collisions. Do not assume, however, that the police officer who prepared your accident report is a qualified expert. Most of the time, he is not.

October 20, 2010

Insurance Expert Witness On Healthcare Insurance Part 1

In The Second Coming Of Healthcare Insurance, insurance expert witness Stephen George, MBA-HA, writes:

The business of health care has always been about financing predictable costs. America’s success has always been about her ability to adapt. Adapting to soaring insurance costs is expensive for consumers. In the past, insurance plans were far easier to understand. The market is responding like never before with affordable insurance, hybrid insurance and non-insurance discount plans. We have reached the price point where employers are abandoning benefits. Even large employers are feeling the pinch, but that pinch is a shove for individuals and small employers struggling to buy insurance. It’s not like you have to walk on water to understand these new plans, but praying for guidance is a good idea. Buyers take heed that your plan may exclude catastrophic loss.

This reprint by permission of The Self-Insurer and The Self-Insurer’s Publishing Corp. as it appeared in the July, 2007 Edition

October 19, 2010

Groundwater Expert Witnesses Opine In Illinois Brain Cancer Trial

Two groundwater expert witnesses in the first McCullom Lake, IL, brain cancer trial will laid out for the jury last week how they allege industrial pollution reached and sickened village residents.

Plaintiffs’attorney Aaron Freiwald called groundwater expert Charles Andrews to explain his theory that groundwater contaminated with vinyl chloride traveled from the Rohm and Haas plant in neighboring Ringwood to the village’s private wells.

Read more: northwestherald.com.

October 18, 2010

Periodic Payment Judgments Expert Witnesses

Periodic payment judgments expert witnesses may opine on personal injury settlements, workers compensation case settlements, and wrongful death suit settlements, as well as related issues. A structured settlement may be defined as a court granted contract between a plaintiff as well as a defendant which pays off some amount of money to the plaintiff within regular payment scheme throughout a certain amount of time frame. What eventually may take place is, the person receiving the money, after a few years of repayments, chooses to get a lump sum payment to pay bills or simply to get some extra funds. And at this point, the structured settlement company comes into play. They will provide an agent who will buy the structured settlement contract with a slightly lower price in exchange for providing a large sum of cash at once.

Read more: zasst.com.

October 17, 2010

Structured Settlement Expert Witnesses

Structured settlement expert witnesses may opine on personal injury settlements, workers compensation case settlements, and wrongful death suit settlements, as well as related issues. A structured settlement may be defined as a court granted contract between a plaintiff as well as a defendant which pays off some amount of money to the plaintiff within regular payment scheme throughout a certain amount of time frame. These particular funds are usually to pay for health-related bills as well as the common expenditures of daily living. This normally occurs when there’s an injured party, and the whole process may include pre-trial court meetings and possibly a court hearing may be considered necessary.

Read more: zasst.com.

October 16, 2010

Soil Structure Expert On Ground Vibrations Part 2

In Numerical methods with experimental soil response in predicting vibrations from dynamic sources, soil structure expert witness Mark Svinkin writes:

The suggested methods for predicting soil and building vibrations are founded on utilization of the impulse response functions technique for predicting complete vibration records on existing soils, buildings and equipment prior to installation of construction and industrial dynamic sources (Svinkin 1973, 1996). The impulse response function is an output signal of the system based on a single instantaneous impulse input (Bendat and Piersol 1993). These functions are applied for studies of complicated linear dynamic systems with unknown internal structures for which mathematical description is difficult or impossible. In the case under consideration, the dynamic system is the soil medium through which waves propagate outward from sources of construction and industrial vibrations. The input signal of the system is the impulse response of the ground at the place of pile driving, dynamic compaction of soil, or installation of a machine foundation; the output signal is the vibratory response of a location of interest situated on the surface or within the soil stratum, or any point at a building receiving vibrations. Output can be obtained, for example, as the vibration traces for displacements at locations of interest. Actually, these records are experimental Green's functions.

October 16, 2010

Soil Expert Witness On Ground Vibrations Part 1

In Numerical methods with experimental soil response in predicting vibrations from dynamic sources, soil expert witness Mark Svinkin writes:

Construction and industrial dynamic sources, such as pile driving and foundations for impact machines, generate elastic waves in soil which may adversely affect surrounding buildings and sensitive instruments (Targets). The effects of these waves range from visible structural damage to serious disturbance of working conditions for sensitive devices and people. Therefore, legitimate concerns frequently arise about possible ground and structure vibrations before the start of construction activities or installation of machine foundations.

Analytical methods (Miller and Pursey, 1954; Broers and Dieterman, 1992; Hanazato and Kishida, 1992; Wolf, 1994) already exist which give accurate results for certain limited cases, but these methods are applicable only to well defined and simple sites like a half-space or horizontally layered media. Indeed, for the prediction of expected vibrations, it is necessary to have information about the actual soil deposit and to choose a proper soil model to compute vibrations. Computed results from the simple models contain valuable data about general tendencies of wave propagation at a site, but cannot take into account spatial variations of soil properties and produce accurate and complete soil vibration records at any point of interest.

October 15, 2010

Forensic Accounting Expert Witness & Louisiana Mayor Trial

The trial of former Richwood, Louisiana, Mayor Edward L. Harris began this week. Harris, who was elected last Saturday to the town's Board of Aldermen, is charged with one count of malfeasance in office. He is accused of illegally writing more than $70,000 in checks to himself and other employees who left their jobs in 2008 as a new administration came in. Assistant district attorneys Neal Johnson and Brandon Brown filed a motion requesting Mike Rhymes, director of human resources for the city of Monroe, be accepted as a forensic accounting expert witness in the upcoming trial.

If Harris is convicted of malfeasance in office, he faces imprisonment with or without hard labor for up to five years and a fine of up to $5,000.

Read more: thenewsstar.com.

October 14, 2010

Industrial Machinery Expert Witness On Power Surges Part 3

In Identifying the Source of a Power Surge, industrial machinery expert witness Mamoon Alyah, P.E., answers the question "Is it possible to differentiate between lightning related surges and artificially generated electrical surges?"

..If equipment damages consist of failed modems, network cards, TV tuners or other non-power related components, then the damage is likely the result of lightning-related surge that would have been induced on the communication lines. Other forms of power surge could then be eliminated based on available information and other observations. On the other hand, if the damage is limited to power supplies or other power related components, then damage could be the result of either lightning or other forms of power surge.

The events that led up to the claimed equipment damage also provide significant information that can be used to identify the source of a power surge. A lightning related surge has to accompany a thunderstorm, and lightning would be in the area on the date and time of the loss. On the other hand, an artificially generated power surge is typically caused by an event that could either be inside or outside the insured’s premises. Identifying the event that led to the loss is necessary to determine the exact cause and source of the power surge.

October 14, 2010

Failed Components Expert Witness On Power Surges Part 2

In Identifying the Source of a Power Surge, failed components analysis expert witness Mamoon Alyah, P.E., answers the question "Is it possible to differentiate between lightning related surges and artificially generated electrical surges?"

..When the damage is localized and extensive such as blown components, lightning becomes the primary suspect. Lightning is likely the cause when signs of damage indicate a surge with high magnitude, but without enough duration to cause widespread damage. In most cases, a visual inspection can provide significant information about the extent of damage.

In addition to the nature and extent of damage, the type and design of the damaged component can tell a great deal regarding the source of a power surge. Once the exact damaged component (or part) inside a piece of equipment is identified, one can use the information to identify the source of a surge. This is because lightning surges can be conducted (or induced) through any part that connects a piece of equipment to the outside world, including communication ports and power supplies, while an artificially generated power surge can only be conducted through the power supply.

October 14, 2010

Forensic Toxicology Expert Witness On Chemicals & Cancer Part 2

In Chemicals and Cancer: Establishing Causation through Medical Toxicology, forensic toxicology expert witness Nachman Brautbar, M.D. writes:

I. Causation - Definition
Causation, meaning cause and effect, is one of the most important and complex duties a forensic-medicolegal examiner has to establish. As physicians practicing medicine, we have been trained to think etiology of a disease which does not necessarily mean causation. The training in medical school, internship residency and fellowship always addressed etiology synonymously with causation, but we were not taught the practical meaning of the word causation.

The medical scientific community has been struggling with this issue of causation since the early days of Paracelsus. The first criteria for causation were established by Henle and Koch when Henle and his students, including Koch, studied cholera in the 1880's. These criteria have changed through the years undergoing natural evolution. With new discoveries, Henle and Koch's criteria were no longer valid for viruses and cancers. In the 1960's Sir Bradford-Hill, who studied the cancerous effects of cigarettes, nickel and others, presented his aspects to establish medical causation. These criteria have been endorsed to some extent by the scientific community and utilized in occupational medicine and medical toxicology.

October 14, 2010

Chemical Toxicology Expert Witness On Chemicals & Cancer Part 1

In Chemicals and Cancer: Establishing Causation through Medical Toxicology, chemical toxicology expert witness Nachman Brautbar, M.D. writes:

Chemical exposure and cancer date back several thousand years. The famous occupational physician, Ramazzini, was one of the first to describe examples of occupationally-induced cancers.

In the last 20 years, benzene has been shown to be a carcinogenic agent causing leukemias, lymphomas, and other hematological cancers. Other chemicals, such as chlorinated hydrocarbons, asbestos, and hexavalent chromium, have been shown to be carcinogenic.

The observation that despite reduction in cigarette consumption, despite reduction in fatty food consumption and despite improved screening procedures, cancers of the lung, breast, and blood system is on the rise and is by and large attributed to a combination of environmental chemical factors imposed on the genetic makeup of the individual.

October 14, 2010

Environmental Toxicology Expert Witnesses

Environmental toxicology expert witnesses may provide reports on chemical toxicology, ecotoxicology, and forensic toxicology. Here is Wikipedia's definition of Environmental Toxicology (EnTox):

EnTox is a young (1965) and interdisciplinary science that uses both basic and applied scientific knowledge to understand natural and anthropogenic pollutants life cycle and their impacts upon structure and functions of biological and ecological systems. Research in EnTox includes both laboratory experiments and field studies. EnTox wants to answer two main questions (1) How the release pollutant causes harmful effects? (2) What can we do to prevent or minimize risk to biological and ecological system?..

People misunderstand EnTox as a scientific discipline that only focus on chemicals into the environment. Not true. That represents environmental chemistry and chemodynamics. Environmental toxicology covers more than only chemicals into the environment; it also includes studying and understanding the adverse effects caused by those chemicals' release into the environment on living systems such as wildlife, aquatic species, pets, humans and ecological systems.

Read more: wikipedia.org.

October 14, 2010

Mortgage Brokers Expert Witness On On Types Of Mortgage Lenders Part 2

In Types of Mortgage Lenders - Mortgage Bankers and Mortgage Brokers, mortgage brokers expert witness Robert Trombley writes:

Mortgage brokers generate about 50% of all loans. They have access to a variety of lenders and often offer the most choice in loan programs. Brokers assist the consumer in completing the application and loan selection process and direct them to suitable lenders to fund the mortgage. Besides, brokers can quickly place your loan with another lender if your loan is turned down. Mortgage brokers are paid a fee by the borrower or the lender when a loan closes.

There are two main types of mortgage brokers today – those that represent the borrower and those that do not. It is important to understand the difference between mortgage lenders and mortgage brokers. As a rule, mortgage brokers don’t make a decision whether to extend you a loan, and they don’t actually make the loan. They work as intermediaries between borrowers and lending sources. However this fact does not mean that you are paying a higher rate. Since mortgage brokers obtain their funds from a variety of sources, they can even save you money by shopping your loan. Some mortgage brokers process and close loans in their own names, the others function purely as intermediaries between borrowers and lenders.

October 13, 2010

Mortgage Expert Witness On Types Of Mortgage Lenders Part 1

In Types of Mortgage Lenders - Mortgage Bankers and Mortgage Brokers, mortgage expert witness Robert Trombley writes:

The types of mortgage lenders include mortgage bankers, commercial banks, credit unions, and thrift institutions (savings banks and savings & loan associations). Banks, savings & loans and credit unions gather funds from their customers through checking and savings accounts and certificates of deposits. These funds are then used to make loans. When these institutions make a mortgage loan, they may decide to hold it in portfolio or sell it to secondary market investors.

Mortgage bankers get their funds typically by selling their loans in the secondary mortgage market. Since mortgage bankers primarily have one focus of business – to make mortgage loans – they usually offer very attractive loan programs and rates.

October 13, 2010

Finance Expert Witness On Credit Scores

In Homebuyers And Credit Score Requirements For FHA Loans, finance expert witness Daniel Milstein writes:

If you are buying a home, then you need to understand the credit requirements for FHA loans. FHA Underwriters are the people that work for the FHA mortgage lenders and make the decisions on loans. Although FHA loans are one of the easiest loans to get in today’s real estate market, you still need to prove that you have a history of paying your bills on time.

FHA loans typically require that you have no late payments of 30 days or more on revolving or installment accounts and no collection or judgment accounts within the past 12 months. Being able to show that you have a good credit history is the most effective way for you to give the FHA lender confidence that you will be able to make your new mortgage payments on time each month.

You’re probably wondering, “what is the minimum credit score for FHA loans”. Well, technically FHA has no minimum credit score at writing of this article. What has happened is that FHA lenders throughout the country have set their own credit score standard for FHA mortgages which is currently at 640.

October 13, 2010

Financial Planning Expert Witness Part 2

In What is a finance expert witness?, wiseGeek writes:

In the majority of cases, the potential finance expert witness will be interviewed and asked to give his or her credentials. He or she will also be questioned by the opposing attorney, and his or her demeanor while answering questions will be studied. The person hired should be believable and likable to avoid turning off the jury. He or she should be good at handling pressure during cross examination, and giving answers to complicated questions in terms that jurors will understand.

Payment is generally offered to the finance expert witness for each day he or she is involved with the case. Aside from the actual trial, the witness will often be asked to review files and conduct studies involving financial records in questions. After everything has been studied, he or she will have to give an expert opinion on the findings. The opinion should not be in conflict with the attorney’s case, otherwise another witness may be hired.

Read more: wisegeek.com.

October 13, 2010

Risk Management Plans Expert Witnesses

Risk management plans expert witnesses may write reports on risk analysis, enterprise risk management, financial risk management, and more. In A Broader View Of Risk, Risk Management Magazine, October 2010, Lori Widmer writes:

Risk management warnings often go unheard. And while it is easy to blame leadership, it is part of risk management's job to feed the information up the chain of command. "A risk manager has to be the voice in the company who keeps risk salient whether it be systemic risk that is somewhat outside the company's control or risks specific to the company," says Joe Peiser, partner and COO at RMI Consulting. "It's not always a comfortable place to be, and you don't always get listened to, but frankly, that's the risk manager's job."

October 13, 2010

What Is A Finance Expert Witness?

What is a finance expert witness?

A finance expert witness is someone with specialized knowledge in economics or finance who is petitioned to provide a testimony during a court trial. His or her expertise will be used to prove or disprove theories or facts presented in the case. Both the prosecution and the defendant’s attorney may hire a finance expert witness if necessary.

The main criteria needed for someone to become a finance expert witness is that he or she have substantial knowledge in finance and be established as an expert in the field. This knowledge may have been obtained through education, experience, or a combination of the two. Published papers, awards, and other achievements may also be taken into consideration when choosing a witness.

When choosing a finance expert witness, the hiring attorney may also choose someone with knowledge in a particular area of finance. For instance, if someone is on trial for tax evasion, the prosecution may hire someone who is an expert on taxes, tax law, or another area involved with the payment and recording or taxes. More than one expert witness may be hired if various aspects of finance are being investigated.

Read more: wisegeek.com.

October 13, 2010

Mortgage Fraud Expert Witnesses & $3.4M Ponzi Scam

Mortgage fraud expert witnesses may opine on residential mortgages, mortgage fraud, and wholesale mortgages, among other topics. The Denver Post writes that in today's mortgage and loan industry, multiple assignments of the same loan are common and frequently not recorded. Because an assignment of a promissory note and deed of trust is not required to be recorded, a borrower has no way of knowing who holds them.

In Colorado, Citywide Banks tried to foreclose on a number of home buyers after entities affiliated with Lafayette-based Jaguar Group LLC failed to forward funds to the bank, which held the promissory notes on the properties. Similar cases are occurring throughout the state and country, said attorney Alan Sweetbaum. The cases that have garnered attention in Colorado all tie back to Jaguar. A state grand jury in March indicted five Jaguar officials, accusing them of defrauding lenders in a $3.4 million Ponzi scheme.

Read more: denverpost.com.

October 13, 2010

Forensic Failure Analysis Expert Witness On Power Surges Part 2

In Identifying the Source of a Power Surge, forensic failure analysis expert witness Mamoon Alyah, P.E., answers the question "Is it possible to differentiate between lightning related surges and artificially generated electrical surges?"

Lightning-related surge has a significantly larger amount of energy (magnitude) compared to artificially generated surges. Despite the greater amount of energy, lightning lasts for a very short period of time (duration) when compared to many types of artificially generated surges. As a result, differences in magnitude and duration lead to different signs of damage.

Damage caused by lightning tends to be catastrophic and localized, while damage caused by artificially generated surges is less severe but more widespread. Due to these differences, the nature and extent of damage sustained by a piece of equipment could indicate the source of a power surge.

Typically, when components show signs of prolonged overheating (melting, discoloration, widespread smoke contamination), an artificial power surge becomes the primary suspect of the equipment failure.

October 12, 2010

Engineered Composites Expert Witnesses

Engineered composites expert witnesses may opine on vinyl chloride polymers, electroactive polymers, functional polymers, and more. Here, the International Cast Polymer Alliance describes cultured marble, cultured granite and cultured onyx:

Cultured Marble, Cultured Granite and Cultured Onyx, as their names imply, have the look of genuine marble, granite or onyx. Cultured marble, granite and onyx products are usually manufactured with a high-gloss coating, called a "gel coat", applied during the manufacturing process, which becomes an integral part of the cultured marble, granite or onyx product. Colorants may be added to the polymer/filler matrix in a manner which provides a "veining" which mimics the appearance of natural products. The polymer casting process yields a rock hard, durable product which takes on the look and feel of the natural product.

October 12, 2010

Copyrights Infringement Expert Witnesses

Copyright infringement expert witnesses may opine on copyright notice, copyright infringement, and copyright limitations. On their website, the ABA Section of Intellectual Property Law describes the Copyright Act:

It is illegal for anyone to violate any of the rights provided by the copyright code to
the owner of copyright. These rights, however, are not unlimited in scope. Sections 107
through 120 of the 1976 Copyright Act establish limitations on these rights. In some cases,
these limitations are specified exemptions from copyright liability. One major limitation is
the doctrine of "fair use," which is given a statutory basis in section 107 of the Act. In other
instances, the limitation takes the form of a "compulsory license" under which certain limited
uses of copyrighted works are permitted upon payment of specified royalties and compliance
with statutory conditions. For further information about the limitations of any of these rights,
consult the copyright code or write to the Copyright Office.

October 12, 2010

Forensic Toxicology Expert On Generic Drugs Part 2

On his website, Consultox.com, forensic toxicology expert witness Dr. Roger A Parent writes on generic drugs:

Acceptable limits of impurities may be specified in the United States Pharmacopeia (USP) and may be considered in the qualification of an impurity. If the impurity does not appear in the USP monographs, you may qualify it by comparison with the observed amount of that impurity as found in the reference listed drug product (RLD). As an alternative, the impurity may be qualified by justification in the scientific literature, metabolite data, or with toxicity studies. An impurity is considered qualified when it meets one or more of the following conditions.

* The observed level and proposed acceptance criterion for the impurity do not exceed the level observed in the referenced listed drug product.
* The impurity is a significant metabolite of the drug substance.
* The observed level and proposed acceptance criterion for the impurity are adequately justified by scientific literature.
* The observed level and proposed acceptance criterion for the impurity do not exceed the level that has been adequately evaluated in toxicology studies.

Quantitative Structure Activity Relationships(QSAR) programs may be considered for predicting toxicity, but the results are not considered conclusive for the qualification process.

October 12, 2010

Injury Reconstruction Expert Witnesses & Gas Station Death

Injury reconstruction expert witnesses with the Colorado State Patrol will do a reconstruction of the accident at a Bradley gas station in Arapahoe County, where 62-year-old Sandra Fredin of Denver suffered fatal injuries after being hit by a car. Fredin left the store and was walking in an unoccupied parking space when a Dodge Magnum driven by Byron Bailey, 43, of Denver pulled into the space and hit Fredin.

Experts will use computer video to produce a second-by-second analysis of what transpired. Once the reconstruction and witness interviews are complete, the information will be forwarded to the Arapahoe County district attorney's office to determine if any charges will be filed. One potential charge is careless driving resulting in death

Read more: denverpost.com.

October 12, 2010

Genetic Engineering Expert Witnesses

Genetic engineering expert witnesses may write reports on genetic testing, biochemical engineering, and more. Here, the Food and Agriculture Organization of the United Nations writes on genetically modified organisms:

While there is little controversy about many aspects of biotechnology and its application, genetically modified organisms (GMOs) have become the target of a very intensive and, at times, emotionally charged debate. FAO recognizes that genetic engineering has the potential to help increase production and productivity in agriculture, forestry and fisheries. It could lead to higher yields on marginal lands in countries that today cannot grow enough food to feed their people. There are already examples where genetic engineering is helping to reduce the transmission of human and animal diseases through new vaccines. Rice has been genetically engineered to contain pro-vitamin A (beta carotene) and iron, which could improve the health of many low-income communities.

Other biotechnological methods have led to organisms that improve food quality and consistency, or that clean up oil spills and heavy metals in fragile ecosystems. Tissue culture has produced plants that are increasing crop yields by providing farmers with healthier planting material. Marker-assisted selection and DNA fingerprinting allow a faster and much more targeted development of improved genotypes for all living species. They also provide new research methods which can assist in the conservation and characterization of biodiversity. The new techniques will enable scientists to recognize and target quantitative trait loci and thus increase the efficiency of breeding for some traditionally intractable agronomic problems such as drought resistance and improved root systems.

October 12, 2010

Risk Management Expert Witnesses

Risk management expert witnesses may opine on enterprise risk management, credit risk, market risk, and more. The Risk Management Association is presenting Counterparty Risk Management and Control: Best Practices October 19-20, New York, NY.

Course Overview
Measuring and mitigating counterparty default risk has been one of the risk management topics that challenged risk professionals in the past 10-15 years. Since the inception of OTC derivative contracts trading on a global scale, there were very few situations (Drexel, LTCM, Barings, Lehman Brothers) where practitioners could test the effectiveness of ISDA Master Netting Agreements and collateral agreements in stressed markets. The financial crisis that commenced in 2007 has offered an unprecedented laboratory for such research. This two-day course on counterparty risk purports to draw conclusions from the most recent events and comments on what features make a sturdy counterparty risk framework.

The course will focus on methodologies, limit systems, and processes along with day-to-day management techniques used by leading global financial institutions.

October 11, 2010

Forensic Engineering Expert Witness On Power Surges Part 1

In Identifying the Source of a Power Surge, forensic engineering expert witness Mamoon Alyah, P.E., answers the question "Is it possible to differentiate between lightning related surges and artificially generated electrical surges?"

A power surge is a condition where there are voltage variations from normal levels (110 Volts for a single phase system). These variations can be caused naturally by events such as lightning or artificially by many different events, ranging from simple power interruptions to significantly more complex events such as harmonics on the power line. Both sources of surge can cause similar types of damage to equipment including: premature failure of motors, computer and communication equipment mis-operation (lockups), loss of equipment following a thunderstorm and other symptoms of failure.

There are subtle, but significant differences between the nature of damages caused by the two types of surge (artificially vs. naturally generated). The cause of these differences is related to surge magnitude and the duration of the surge. Magnitude refers to the amount of energy contained in the power surge, while duration refers to the amount of time the power surge was sustained.

October 11, 2010

Copyrights Expert Witnesses

Copyrights expert witnesses may opine on copyright infringement, copyright notice, and copyright limitations. On their website, the ABA Section of Intellectual Property Law defines what copyright is:

Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of "original works of authorship" including literary, dramatic,
musical, artistic, and certain other intellectual works. This protection is available to both
published and unpublished works. Section 106 of the Copyright Act generally gives the
owner of copyright the exclusive right to do and to authorize others to do the following:

To reproduce the copyrighted work in copies or phonorecords;

To prepare derivative works based upon the copyrighted work;

To distribute copies or phonorecords of the copyrighted work to the public by sale or
other transfer of ownership, or by rental, lease, or lending;

To perform the copyrighted work publicly, in the case of literary, musical, dramatic,
and choreographic works, pantomimes, and motion pictures and other audiovisual works;

To display the copyrighted work publicly, in the case of literary, musical, dramatic,
and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including
the individual images of a motion picture or other audiovisual work; and

In the case of sound recordings, to perform the work publicly by means of a digital
audio transmission.

In addition, certain authors of works of visual art have the rights of attribution and
integrity as described in section 106A of the 1976 Copyright Act. For further information,
request Circular 40.

October 11, 2010

Accident Reconstruction Expert Witness & Police Trooper Death

The failure to properly control traffic was a key factor in the death of Northern York County, PA, Regional Police Officer David Tome, an accident reconstruction expert witness testified Friday. Former Pennsylvania State Police Trooper Steven Rickard was the first witness called by the attorney representing Joanna L. Seibert, 39, of 28 Clemens Drive. She allegedly struck and killed Tome on Route 15 in Franklin Township two years ago.

Rickard testified that drivers were given little to no advance warning that officers were in the area investigating a previous fatal accident. He said there were no warning signs and only a few cones to direct traffic into the other lane. He also said the failure to put up warning signs was a "significant" factor in Tome's death.

Read more: yorkdispatch.com.

October 11, 2010

Biotechnology Expert Witnesses

Biotechnology expert witnesses may write reports on genetic engineering, biochemical engineering, and more. Here, the Food and Agriculture Organization of the United Nations describes biotechnology:

There is a wide array of "biotechnologies" with different techniques and applications. The Convention on Biological Diversity (CBD) defines biotechnology as: "any technological application that uses biological systems, living organisms, or derivatives thereof, to make or modify products or processes for specific use".

Interpreted in this broad sense, the definition of biotechnology covers many of the tools and techniques that are commonplace in agriculture and food production. Interpreted in a narrow sense, which considers only the new DNA techniques, molecular biology and reproductive technological applications, the definition covers a range of different technologies such as gene manipulation and gene transfer, DNA typing and cloning of plants and animals.

October 11, 2010

Polymers Expert Witnesses

Polymers expert witnesses may opine on vinyl chloride polymers, electroactive polymers, functional polymers, and more. Here, the International Cast Polymer Alliance defines cast polymer:

Cast Polymer is the umbrella term used to encompass cultured marble, cultured granite, cultured onyx and solid surface products used in a wide range of household and commercial applications. Some of these applications include: counter tops, lavatories, vanities, shower receptors, bathtubs, enclosure sets, fireplace surrounds, window sills, wall panels, floor tiles, whirlpool baths and molding accents.

Cast polymer products are man-made, chemically–bonded, mineral-filled, polymeric materials which are molded and hardened to a solid material in a variety of shapes that meet diverse design needs. The manufacturing process permits a range of uses almost impossible to achieve with quarried stone. Cast polymer is stronger and less brittle than quarried marble; it is more durable than porcelain. Cast polymer products resist mildew and stains and are easily cleaned with non-abrasive cleaning agents. The one-piece, seamless construction of cast polymer is easy to maintain and resistant to breakage.

October 10, 2010

Environmental Toxicology Expert Witness On Generic Drugs

On his website, Consultox.com, environmental toxicology expert witness Dr. Roger A Parent writes on generic drugs:

In June 2009 the US FDA’s Office of Generic Drugs issued, “Guidance for Industry; ANDAs: Impurities in Drug Substances” which basically follows the Q3A, Q3B, Q3C ICH guidelines. These guidelines focus on Drug Substances and covers original abbreviated new drug applications (ANDAs), drug master files(DMFs), including Type II DMFs and ANDA supplements for changes in the synthesis or processing of a drug substance.

The guidance provides recommendations for establishing acceptance criteria for impurities in drug substances and recommends that the specifications for a Drug Substance include a list of impurities. A rational for the inclusion or exclusion of impurities should be included. As indicated in the ICH guidelines, if an impurity cannot be identified, then the efforts made to identify the impurity should be included if present at a level greater than the identification threshold given in ICH Q3A. Organic and inorganic impurities should be considered as well as residual solvent.

October 10, 2010

Mortgage Expert Witnesses & B of A

Mortgage expert witnesses may opine on mortgage fraud, residential mortgages, and wholesale mortgages, among other topics. TheStreet.com reported this week that Bank of America said it will stop originating mortgages through brokers, the latest sign of caution among lenders that are grappling with a horde of buyback requests, lawsuits and fraud accusations stemming from loans that were originated carelessly.

As mortgage delinquencies, defaults and foreclosures have continued to pile up across the nation, Fannie Mae and Freddie Mac began pushing back loans to servicers last year. Over the weekend, news broke that Bank of America had halted foreclosures in dozens of states due to a raft of litigation stemming from paperwork errors. JPMorgan and GMAC Mortgage followed suit while an array of other large lenders, including Citi, U.S. Bancorp, HSBC and PNC Financial Services, are reportedly scrutinizing their foreclosure processes at regulators' behest.

The so-called "originate to sell" model is central to the problem banks are now facing in regards to buybacks. Mortgage originators had little reason to care about what happened to mortgages once they left the balance sheet via securitization. As a result, those working directly with customers had been trying to push as many applications through the pipeline as quickly as possible, leading to paperwork errors that investors have seized upon to force servicers to buy back debt.

Read more: thestreet.com.

October 9, 2010

Wholesale Mortgage Expert Witnesses & B of A

Mortgage expert witnesses may opine on mortgage fraud, residential mortgages, and wholesale mortgages, among other topics. TheStreet.com reported this week that Bank of America said it will stop originating mortgages through brokers, the latest sign of caution among lenders that are grappling with a horde of buyback requests, lawsuits and fraud accusations stemming from loans that were originated carelessly.

Bank of America isn't the first lender to pare back its wholesale mortgage operations. JPMorgan Chase did the same thing last year, citing the fact that loans originated in-house performed better than those that came from brokers. Citigroup began downsizing its wholesale operations in 2008.

"By exiting the first mortgage wholesale channel, we can redirect critical operational resources to further enhance our capabilities in direct-to-consumer channels," Barbara Desoer, who heads Bank of America's mortgage division, said in a statement. "This is an investment in strengthening our competitive position."

Read more: thestreet.com.

October 8, 2010

Translation Expert Witnesses & Standards For Translations Part 2

Translation expert witnesses may opine on document translation and medical interpreting. Here, the American Translators Association explains that translation is not a commodity and offers standards for buying a non-commodity.

#3 The intended readers.
Are you targeting teenagegamers, genetic researchers, patent agents or simply anyone who might stumble upon your website?

#4 The purpose of the translation.
Sometimes all you want is to get (or give) the general idea of a document (rough translation); in other cases, a polished text is essential.

#5 The regional variation of the target language.
Are your readers Mexicans in Monterrey or Spaniards in Seville? Both speak Spanish
but it’s not the same Spanish.

October 7, 2010

Firearms Expert Witness Testified In Montgomery Double Murder Trial

Firearms and ballistics expert witness William McBrayer testified in the Demeatrius Montgomery trial which found Montgomery guilty of two counts of first-degree murder in the fatal shootings of Charlotte-Mecklenburg police Officers Jeff Shelton and Sean Clark. The firearms and tool examiner, recently retired from the Charlotte Mecklenburg Police Department's crime lab, said bullets found lodged inside Sean Clark's head and at the scene were definitely fired from a gun prosecutors say is the murder weapon.

Just before the trial concluded, defense attorney Duane Bryant announced that his client would appeal.

Read more: http://www.heraldonline.com.

October 6, 2010

Emergency Communications Expert Witness On Public Safety Experts Part 1

In Public Safety Experts: No Longer “The Retired Cop,” emergency communications and 911 expert witness Charles D. Carter writes:

It has been well-established that an expert witness is someone who the court recognizes as an authority on a specific topic. Every profession has specific criteria for individuals who desire to be considered an expert within that profession. Most professions and criteria for experts in those professions have been established for many years. Some are as old as America.

New technologies have created new professions. Before computers, there wasn’t a need for experts in computer fraud or computer forensics. Specializations within professions have created subspecialties. For example, public safety has been around as long as America. Within the public safety spectrum, two professions initially existed based on what was brought from England – law enforcement and fire service.

Law Enforcement

When law enforcement began, it was foot patrols so no “high-speed pursuit” experts were needed. As vehicles were used, radios were added to the police cars and technology evolved and so did police communications experts. Now there are many specialties and sub-specialties in law enforcement as pointed out in a previous article by former Chief Andy Hall. These include Monell liability, policies and procedures, professional conduct, use of force, detention and arrest, interview and interrogation, investigative policy and practice, training policy and management, police pursuit, and others.

October 5, 2010

Property Management Expert Witnesses On California Landlord Tenants Bill Part 2

Property management experts at The Lightner Property Group write:

Currently, there are a number of bills which have passed both the Senate and the Assembly which are of interest to landlords and tenants in California. The first of our three bills, AB 1800 (Hagman-Ma), is a response to the numerous scams that have arisen out of the on-line rental market and the increasing number of owners renting their own units through on-line listing services.

To avoid the scam entirely, what can a prospective renter do?

* • First, conduct business with a recognized local real estate company or rental agency. By spending some time doing research on the Internet, you can locate legitimate local rental agencies, as well as get a sense of who has the better reputation in your area as a responsive and responsible landlord and manager. While not all reviews are legitimate, you can get a fairly accurate picture of the style and reputation of a company by reading the available reviews on the various review sites now available. Don’t make big decisions - pro or con - based on a single review.
* • If the unit is not represented by a leasing or real estate company, make sure you are dealing with the owner by looking up the owner of the property on the Internet. Verify that the individual you are dealing with is the owner or agent of the owner. If necessary, ask to see the driver’s license or some other form of photo ID.

October 4, 2010

Handwriting Expert Witness On Ink & Paper Examinations Part 1

In Nondestructive Ink and Paper Examinations, handwriting expert witness Ronald N. Norris writes:

When most people think of ink analysis they, think that it is a destructive examination which means my document is going to be severely damaged or destroyed. That is not completely accurate. There is a way of examining ink entries without damaging the document, and it is usually the only test necessary to resolve the issue of ink differentiation.

The examination process, known as infrared fluorescence, or luminescence, was developed by Mr. H. Gibson for use in the study of tissue samples. Forensic document examiners have used the same technique for nondestructive ink differentiation examinations for many years. Because a technical discussion of the process is beyond the scope of this paper, the reader is referred to an article on the web at http://msp.rmit.edu.au/Article_02/04.html. At the same web site there are links to other articles about the theory and equipment necessary to perform nondestructive ink examinations.

October 3, 2010

The Role of the Expert Witness Part 3

In What are the qualifications to be an expert witness?, David Goodwyne writes:

b) Experience - Obviously the expert witness should be someone with the relevant practical experience in the field which he claims is his scope of expertise. A "forensic expert" who has never been inside a lab is not going to be of much help to you. In contrast, a foresic expert who has 20 years experience working with various governmental investigative bodies would, definitely have more of a presence.

(c) Demeanour - At the end of the day, the expert is trying to convince the judge or jury that their opinion is viable, accurate, and sound. As the judge and jury are all human beings, simple things like demeanour can also sway their mindset. Therefore you may want to avoid a pompous expert, or conversely, one who seems to lack conviction or confidence.

October 2, 2010

General Surgery Expert Witness Opines On "Error Of Judgment"

A Sheffield, UK, man bled to death in the hospital after an "error of judgment" by an experienced surgeon, an inquest has ruled. Andrew Vernon, aged 38, of Moorwinstow Croft, Dore, died after Dr. Dermot Gleeson tried to take a sample of what he thought was a polyp in his stomach, but instead split what was in fact a high pressured 'varix' vein.

Deputy Coroner Judith Naylor recorded the fatality as death by misadventure after an independent general surgery expert witness told the inquest Dr. Gleeson's actions were a "significant error of clinical judgment." Dr. Jonathan Green, the independent expert assigned by the inquest to investigate the death, said "stalk like" formation of varix veins were rare - but still "well described" in books. He added everything possible had been done to save Mr Vernon's life. Coroner Naylor said: "I fear Dr. Gleeson made an error of judgment."

Read more: thestar.com.

October 1, 2010

Medical Expert Witness Report Questioned In Appeals Court

For the second time in a year, the Ninth District Court of Appeals has been tapped to decide whether or not a plaintiffs' medical expert witness reports meet Texas Civil Code requirements. As the Southeast Texas Record previously reported, in November 2008 Ivalyn and Lee Anderson, an Orange couple, filed suit against eight doctors and three hospitals, alleging Ivalyn suffered from a stroke after doctors inserted a central line into her veins.

In 2009, several of the defendants appealed after Judge Gary Sanderson, 60th District Court, refused to toss the case on the grounds that the Andersons' medical expert reports failed to fulfill code requirements, court records show. On Dec. 17, 2009, Ninth District justices affirmed one of the expert reports and reversed and remanded the remaining reports.

Read more: setexasrecord.com.