David V. Dilenschneider, Esq., Director, Client Relations (Litigation) LexisNexis on expert witness disclosure: As I travel the country conducting presentations on how to research experts, one of the topics I address is the need to double-check an expert’s FRCP 26(a)(2)(B) disclosure. If you are not familiar with that rule, it…
In Medical Malpractice Overview, medical expert witness Eugene DeBlasio writes on gross negligence: Within the context of medical malpractice, the term “gross negligence” refers to conduct so reckless or mistaken as to render itself virtually obvious to a layman without medical training. Examples include a surgeon amputating the wrong limb…
In Successfully Locating A Business, zoning and land use expert witness John J. Wallace writes on a retailer’s biggest challenge: A site may work within a center — but will it work within a community or region? Any retail business serves a particular “trade area.” This is the zone in…
In Handoff Communication, medical insurance expert witness Ms. Kathy G. Ferrell, BS, RN, LNCC writes: Handoff communication is simply the relay of information from one healthcare provider to another. Every day nurses are responsible for relaying information regarding patient care to physicians, nurses, radiology, laboratory, dietary and many other health…
In Be Alert for the “Hybrid” Witness Editor-in-Chief of Daubert Online Patrick J. Kenny writes: Until the law on the issue settles there are some practical steps counsel should take to address hybrid witnesses: (1) Make sure that the witness really is a “hybrid” witness. The fact that the witness…
In Air Rage, aviation expert witness Capt. Bob Norris writes: The problem appears to be growing, based on limited data from a few airlines; it is obvious that the industry needs a central database of uniform reporting to measure scope and changes in the incidence rate. • It is a…
In Medical Malpractice Overview, medical expert witness Eugene DeBlasio writes on substandard care, treatment or surgery: The standard of care which is owed to people as a patients is that which represents that level of skill, expertise, and care possessed and practiced by physicians found in the same or similar…
In Successfully Locating A Business, zoning and land use expert witness John J. Wallace writes on a retailer’s biggest challenge: As customers move through a center, whether on foot or by car, the repeated exposure to signage provides a form of advertising. A concentrated shopping area can generate a sense…
In Use of a Legal Nurse Nurse Consultant in Client Interviews, medical insurance expert witness Ms. Kathy G. Ferrell, BS, RN, LNCC writes: Nurses learn communication and interviewing strategies as part of their basic interpersonal and assessment skills in the first semester of training. It is a basic skill that…
Poultry production in the Illinois River watershed multiplied over the past half-century, a scientist testified Thursday in Oklahoma’s pollution lawsuit against the Arkansas poultry industry. Companies went from producing about 12 million birds in 1950 to about 152 million in 2002, said J. Berton Fisher, one of Oklahoma’s expert witnesses.…