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In How To Select A Medical Expert Witness: Mission-Critical Steps for Success, medical malpractice expert witness Dr. Burton Bentley writes:

The expert witness is the foundation of any medical malpractice case. From analyzing the elements of negligence to testifying at deposition and trial, your strategic success depends upon competent medical insight. Given the pivotal role played by medical expert witnesses, it is surprising how often the search for an expert is left to chance. Choose incorrectly and you’ve made a common and costly mistake that may prove fatal to your case. Secure the right expert, however, and you’ll build a solid strategy and partnership from the outset. Rather than leaving the decision to chance, the following steps will immediately improve your chance of success:

Assure Board Certification

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A Northern District of Illinois jury ruled in favor of defendants ExxonMobil and Owens-Illinois and against plaintiff Charles Krik. The retired pipefitter claimed his lung cancer was caused by exposure to asbestos from the 1970 to the 1990s while working in refineries in Illinois and Indiana where asbestos was present. However, the jury ruled that the plaintiff’s asbestos expert witnesses, Dr. Arthur Frank, Dr. Arnold Brody and Frank Parker, needed to offer more specific testimony pertaining to Krik’s potential exposure to asbestos, rather than the effects of asbestos exposure in general. They also found that his cigarette smoking was the “sole proximate cause” of his lung cancer.

In CHARLES KRIK v. CRANE CO.; EXXONMOBIL OIL CORPORATION; OWENS-ILLINOIS,INC.; and THE MARLEY WYLAIN COMPANY, Case No. 10-cv-7435 Judge John Z. Lee writes:

Krik nevertheless asserts that because the precise exposure to asbestos cannot be calculated, even de minimis exposure satisfies the substantial contributing factor test. The Court disagrees. As the MDL court explained in its opinion denying Crane’s summary judgment motion, under maritime law, “[a] mere ‘minimal exposure’ to a defendant’s product is insufficient to establish causation.

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In The New Frontier of Negative Rates and Banking, business expert witness Douglas E. Johnston writes:

How Are Other Financial Institutions Responding to Ultra Low and Negative Rates?

Eurofi, a European-based think tank chaired by former IMF Director Jacques de Larosiere which carries the support of ECB President Mario Draghi, has the stated goal of ‘fostering growth in a highly indebted EU environment.’ In remarks prepared for the April 23-25 Eurofi High-Level Seminar and delivered on behalf of the Basel-based Bank for International Settlements (often known as the central banks’ central bank), 20-year BIS veteran and Deputy General Manager Herve Hannoun recently addressed the growing phenomenon of negative interest rates among a ‘Who’s Who’ of central bankers, international banks, insurance companies, financial market makers, rating agencies and regulators. Eurofi’s many activities have included the pursuit of a possible new Capital Markets Union (CMU) under the recent leadership of Lord Hill of London. Among its initiatives, Eurofi is addressing the technological and regulatory framework for new growth-oriented lending and capital market mechanisms across Europe. Given the recent emergence of crowd-funding, P2P (Peer-to-Peer) financial activities, and promising new technology and delivery platforms, one possibility before Eurofi is to reconsider the traditional role of how commercial banks have functioned as intermediaries between depositors and business borrowers. With negative rates, the linkage between expanded business lending activity, increased monetary velocity and broad economic growth now appears clearly to be a higher priority for European central banks and regulators.

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Automobile air bag safety expert witnesses may consult and testify on automobile airbags, air bag deployment, and other automobile safety systems. In the news, BMW, Ford and Mitsubishi have provided lists of vehicles that are affected by the recent expansion of the Takata air bag recalls. While the vehicle identification numbers included in these recalls are not available on the National Highway Safety Administration’s VIN lookup tool or the manufacturer’s website as of yet, the NHTSA is continuing to provide updates.

NHTSA.com provides this information:

Consumer Information on Takata National Air Bag Recalls

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What areas may insurance expert witnesses consult on? They may write reports and testify on the insurance industry, commercial insurance, insurance carriers, insurance policies, and more. In Experts – They May Know What To Do and How To Do It – But Do They Know How To Deliver? , Houston attorney Nyanza Moore writes:

In a time where expert reports are more the norm than the exception, it’s important to remember that a great expert report is only as good as the expert delivering it. Delivery here is being used in the sense of delivering a timely, well written report and verbally delivering a succinct explanation of the methodology used to reach the conclusions at a deposition.

Of course, every expert isn’t expected to be Johnny Cochran – with the flow of speech that leaves the trier of fact mesmerized. It is well known that public speaking ranks high on the top ten fears most people have. Preparing an expert for a deposition should be used getting them comfortable speaking about the methodologies so they avoid giving rambling answers that draw a Daubert motion to exclude the opinion. For the engineers, meteorologists, public adjusters, CPAs, and economists helping policyholders prove their claims, here is a refresher on what the attorneys, judges and juries are looking for when they read and hear your opinions:

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On June 4, 2015, the Forensic Expert Witness Association (FEWA) will present the webinar Lawyers and Experts: Beware of Daubert, Robinson, and Kuhmo in 2015.

The presentation will be an in-depth review of motions to strike. Topics that will be covered include the following:

Motion to strike actual filing Expert’s affidavit in response to motion to strike Examples of over 25 actual motions to strike and subsequent rulings 2015 update on Daubert, Robinson and Kuhmo

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In Nursing Standard of Care Guidelines: Why a blank or incomplete medical record suggests conduct that falls below the standard of care, attorney Kristin Miller answers the question “Why does a blank or incomplete medical record indicate a likelihood of nursing conduct that falls below the standard of care?”

“Nurses are required to routinely conduct assessments and reassessments, and they are required to document all of their findings in the patient’s medical record. A blank or sparsely filled in medical record at a time when the patient is receiving intensive care is a strong indicator of below standard conduct by the nursing staff.” Says Gayle Nash with Nash Legal Nurse Consulting, and a Chief Nursing Officer with twenty-seven years of executive nursing leadership experience.

A myriad of patient care considerations go into each patient assessment and reassessment. Nash preaches that a skilled nurse performing their work pursuant to standard of care will practice due diligence in their charting practices thoroughly performing as well as documenting each assessment and reassessment. The medical record, after all, is the patient care fingerprint indicating both the patient’s health status as well as how the nurses are performing and completing their patient rounds. A sparsely complete medical record should be investigated as a possible indicator of below standard nursing conduct.

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In The New Frontier of Negative Rates and Banking, business expert witness Douglas E. Johnston writes:

While financial market observers in the US remain focused on the timing and magnitude of the Fed raising target interest rates over the months ahead, European bond markets have begun to experience just the opposite – the never-before-seen phenomenon of actual negative bond market interest rates. Since the Global Crisis of 2008, which saw both the Fed and foreign central bankers seeking both to calm markets and to encourage growth by reducing rates to the ‘zero bound,’ interest rates for bellwether German bonds and across Europe in late 2014 crossed into negative territory, and for the first time in world history. As noted recently by iconic market veteran Art Cashin, now Director of NYSE Floor Operations for UBS Financial Services, over 30% (approximately $2.2 Trillion) of the highest-rated sovereign debt in Europe now bears a stated negative interest rate. Over 70% of all German government bonds now carry negative stated rates, and there are indications these conditions may become even more wide-ranging and spill over to US markets. After more than six years of various central bank ‘Quantitative Easing’ (QE) stimulus programs including scheduled open-market bond purchases, negative interest rates now clearly constitute the ‘new frontier’ of central bank monetary policy. Numerous other policy implications regarding negative rates are still unfolding in an uncharted scenario, which even the founder of modern monetary theory, John Maynard Keynes, did not foresee.

In an environment of ultra-low and negative rates, non-interest-bearing asset classes including commodities should become more attractive. Therefore, one major historical disincentive to buying oil and gold, for example, may have been removed. Stated differently, increasingly negative interest rates should be positive for commodities, because the imbedded math suggests that an investor is effectively paid to hold them, as compared to holding negative-rate financial instruments.

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Slip, trip and fall expert witnesses may testify and provide reports regarding railings, barriers, slip and fall accidents, slippery conditions, stairs, and more. Architect and expert witness Randy Atlas is presenting the CEU program Slips, Trips, and Falls: The Architect’s Role in Mayhem on May 20th in Pembroke, Pines FL. Mr. Atlas is the President/Owner of Atlas Safety & Security Design. Sponsored by AIA Fort Lauderdale, the program description is as follows:

Have you ever been brought into a lawsuit as a result of a slip and fall at one of the building’s you designed? Randy Atlas, President and Owner of Atlas Safety & Security Design, will show you how to reduce the opportunity for mishaps in your designs in such areas as level changes and miscommunications in pedestrian path of travel. He will also go over the consequences of careless design with case studies of projects where mistakes led to litigation.

More information here.

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Attorney Craig Ball is a forensic technology expert witness. On his website, Ball in Your Court, he writes on his experience as an expert witness.

Becoming a Better Digital Forensics Witness

Avoid the Absolute Lawyers like absolute responses like “never,” “impossible” and “always” because they’re easy targets for attacking a witness’ credibility-even when those attacks are pretty silly.

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