In The Use of Expert Witnesses in Breach of Fiduciary Duty Cases, attorney Luke Lantta writes on allegations of undue influence and breach of fiduciary duty that arose in the trust case Sierra v. Williamson, W.D. Ky. Mr. Lantta discusses how the federal court qualifies experts in such cases. Mr.…
In Help! My New House Is Falling Down, architect Peter Lattey writes that uncovering construction defects requires an expert to discover the cause of damage. Next comes the slightly tricky part. As a good lawyer, you need to have a construction defect expert that you can call on to help…
In Guidelines For The Expert Witness, Judge Timothy T. Daley, Family and Youth Court Judge Province of Nova Scotia, offers trial preparation guidelines including: When testimony is finished, clarify status as witness. It is the judge who permits the witness to leave the stand by excusing the witness. This means…
In Guidelines For The Expert Witness, Judge Timothy T. Daley, Family and Youth Court Judge Province of Nova Scotia, offers trial preparation guidelines including: Accept the unfamiliarity of testifying rules. The main objections raised by counsel to expert testimony arise because of hearsay and a proper foundation for the opinions…
In Seven Costly Mistakes Attorneys Make With Medical Negligence Cases, Dr. Burton Bentley of Elite Medical Experts LLC writes: Although the rate of negligence claims against medical providers has begun to level off, the cost of litigating these actions has risen dramatically. Vast amounts of time and money are lost…
Medical malpractice expert witnesses may consult on issues involving medical negligence, healthcare providers malpractice, and medical malpractice litigation. The American Academy of Pediatrics Committee on Medical Liability and Risk Management offers Guidelines for Expert Witness Testimony in Medical Malpractice Litigation on their website. The article includes discussion on standards of…
In Guidelines For The Expert Witness, Judge Timothy T. Daley, Family and Youth Court Judge Province of Nova Scotia, offers trial preparation guidelines including: Guideline #12 – Answer only what is asked. Be precise and do not offer gratuitous comments. Answer only what counsel or the court asks. If clarification…
In The Emotionally Labile Client; Duties – When A Client Threatens Violence, Jeffrey Segal, MD, JD, FACS, et al. and Michael Sacopulos, JD, write on what happens when a client threatens violence. See http://www.medicaljustice.com/. Published in Elon Law Review, 2012, Spring, pp55-70.
In Guidelines For The Expert Witness, Judge Timothy T. Daley, Family and Youth Court Judge Province of Nova Scotia, offers pretrial preparation guidelines including: Attend by court ordered summons or subpoena only. The expert witness attends court at the request of a party or by court summons or subpoena. The…
In Four Reasons Why The Location Of A Medical Expert Witness Is Becoming Less Important, Diane Manders of Mednick Associates writes: The physical location of a medical expert witness, while in no way related to the competency of the witness, has always been a concern of attorneys litigating medical, health,…