In Medical Malpractice Overview, medical expert witness Eugene DeBlasio writes on failure to diagnose or erroneous diagnosis: Generally, a delay or failure to diagnose a disease is actionable, if it has resulted in injury or disease progression above and beyond that which would have resulted from a timely diagnosis. This…
STRATEGY FOR NEGOTIATIONS The environment for seeking redress for insurance company wrongs is not always “plaintiff friendly.” While juries may be sympathetic, the barriers posed by evidentiary rules, punitive “caps,” and the views of judges and appellate courts to class actions or large punitive “windfalls” must be evaluated before committing…
In Dram Shop Laws – Improving Public Safety, dram shop expert witness Maj. Mark Willingham of Alcohol Solutions, LLC, writes: A foreseeable and preventable tragedy unfolds several times a day somewhere in the United States. Over fifteen thousand people are killed and thousands more are seriously injured in impaired driving…
In Air Rage, aviation expert witness Capt. Bob Norris writes: A recent issue of a major air carrier’s employee publication noted an almost 200-percent increase between 1994 and 1995 in reports filed with the company by flight attendants describing interference from passengers. The interference included assaulting, threatening, or intimidating crewmembers…
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…