In Be Alert for the “Hybrid” Witness Editor-in-Chief of Daubert Online Patrick J. Kenny writes: Courts do not agree on this point. Some hold that a hybrid witness who did not prepare an expert report may testify only as to those matters on which they are testifying as a fact…
In Medical Malpractice Overview, medical expert witness Eugene DeBlasio writes on actionable malpractice: State laws govern the viability of causes of action for medical malpractice. The laws vary in terms of time limits to bring suit, qualifications of “expert” witnesses, cognizable theories of liability, and proper party defendants/proper party plaintiffs.…
In Negotiating and Settling Insurance Bad Faith Cases , insurance expert witness Guy O. Kornblum of GK Consultants, LLC, writes: THE SEVEN POINT TEST FOR EVALUATING A “BAD FAITH” CASE Here is a quick checklist for looking at the potential for bad faith and punitive damages in an insurance tort…
A Bellingham, WA, neurosurgeon being sued for medical malpractice testified that modern medicine hasn’t progressed enough to prevent the brain damage his patient suffered at St. Joseph Hospital in October 2004. Dr. David Goldman took the witness stand Thursday, Oct. 1, and told a Whatcom County Superior Court jury he…
In Air Rage, aviation expert witness Capt. Bob Norris writes: Air rage. It’s a catchy name to encompass a wide variety of behaviors from passengers that pose a serious threat to safety of flight. It is becoming an unfortunate reality that passenger assaults on airline employees have increased significantly over…
In Be Alert for the “Hybrid” Witness Editor-in-Chief of Daubert Online Patrick J. Kenny writes: Though generally straightforward, the expert disclosure provisions of Rule 26 do contain “gray” areas with respect to which counsel should be alert. For instance, parties must disclose the identity of all witnesses they might use…
In Medical Malpractice Overview, medical expert witness Eugene DeBlasio explains: Medical malpractice is negligence committed by medical professionals. For negligence to be “actionable” (having all the components necessary to constitute a viable cause of action), there must be a duty owed to someone, a breach of that duty, and resulting…
In Negotiating and Settling Insurance Bad Faith Cases , insurance expert witness Guy O. Kornblum of GK Consultants, LLC, writes: CAN YOU CONVERT THE CONTRACT CLAIM TO A TORT CLAIM? It is obvious from the above that either using traditional tort principles or those requisites for the tort of insurance…
In Expert Witnessing During the Current Economic Downturn, Hydrology and groundwater expert witness Rick Van Bruggen, P.E., D.WRE, gives advice on for experts in a rough economy: One thing I would recommend to Experts during rough times is to stay on top of your retainers, especially with plaintiff’s attorneys. Don’t…
Aquatics expert witness and president of a national parasail operators association Arrit McPherson testified in a Coast Guard hearing Friday that he routinely takes two safety steps in his business, either of which may have been critical in preventing the deaths of two women Aug. 28 while parasailing at Ocean…