Payouts for medical malpractice claims remain lower in Oregon than in all but seven other states, despite the loss of a cap on damage awards in 1999. What is interesting is that Oregon also does not have standards for expert witnesses to testify. As reported in the The Oregonian: The…
Some expert witnesses believe that their professionalism is affected if they make it known that they are available to be retained as an expert witness. For example, many fear embarrassment or a loss of credibility when it is revealed on cross-examination that they market their services. In reality, the judge…
Fourth District Judge Samuel McVey will allow the prosecution to use an endocrinology expert witness to explain the female body in a case involving sexual abuse. Dr. Larry Andrew is on trial for allegedly inappropriately touching patients during infertility treatments. The defendant has said he massaged the patients genitals to…
The Idaho Supreme Court reversed the district court and allowed neurosurgery expert witness Dr. Edward Smith to testify in a case involving a woman who fell into a coma after receiving an infusion of chemicals through a catheter instead of an intravenous line due to a nursing error. Weeks vs.…
Prior to Daubert v. Merrell Dow Pharmaceuticals, the courts allowed scientists to play gatekeeper by deciding what was good science–permissible in the courtroom–and what wasn’t. However, in 1993, the Supreme Court ruled in Daubert that judges and not scientists should not be the ultimate arbiters of the quality of science.…
This first myth is only true if you, as an expert witness, do not want to get retained. Out of sight is out of mind and, for the expert witness, out of work. Being an expert witness necessarily means that you market yourself. When the attorney hires an expert, he…
The New York Press Republican reported that expert witness testimony was allowed from a handwriting expert regarding disguised writing samples: A prosecution expert witness testified Thursday that accused murderer Edward Dashnaw tried to disguise his handwriting in samples given to police. Dashnaw is charged with the December 2005 stabbing deaths…
The Northeastern Pennsylvania Times Leader reported that a federal court will allow an immigration expert witness to testify in case involving the Hazelton Pennsylvania Illegal Immigration Relief Act. As stated in the news report: The trial, which begins on Monday, will determine the constitutionality of the city’s Illegal Immigration Relief…
“Honesty is the best policy” is a cliche, but it is the most important element in the attorney-consultant relationship. It is much better to reveal a shortcoming to retaining counsel than to try to bury the facts. With the variety of online tools available, even the most casual of legal…
The story of the ballistics expert who killed himself after being confronted with evidence that he had lied about his credentials illustrates the importance of researching experts before they are retained. Licensing information can be found online and is easily searched to verify the currently-held licenses claimed by an expert.…