Articles Posted in Researching Experts

In How Attorneys Can Best Utilize Their Medical Expert Witness: A Medical Expert’s Perspective, Dr. Vernon M. Neppe MD, PhD, FRSSAf, FAPA, writes on Medical Court Testimony: The Plan of Attack:

Teaching the expert how to avoid pitfalls

The attorney needs to ensure that the expert understands the tricks that the other attorney may use. He needs to teach the expert, if necessary. This should be a given, but many “expert consultants” are not experts in the medicolegal side, though they know a great deal about their expertise. These are examples of pitfalls that the expert should be aware of during cross-examination:

In How Attorneys Can Best Utilize Their Medical Expert Witness: A Medical Expert’s Perspective, Dr. Vernon M. Neppe MD, PhD, FRSSAf, FAPA, writes on Medical Court Testimony: The Plan of Attack:

Teaching the expert how to avoid pitfalls

The attorney needs to ensure that the expert understands the tricks that the other attorney may use. He needs to teach the expert, if necessary. This should be a given, but many “expert consultants” are not experts in the medicolegal side, though they know a great deal about their expertise. These are examples of pitfalls that the expert should be aware of during cross-examination:

The supply chain expert witness can opine on supply chain management, product distribution, returns management, and supply chain logistics. According to Wikipedia:

A typical supply chain begins with ecological and biological regulation of natural resources, followed by the human extraction of raw material and includes several production links, for instance; component construction, assembly and merging before moving onto several layers of storage facilities of ever decreasing size and ever more remote geographical locations, and finally reaching the consumer.

In sophisticated supply chain systems, used products may re-enter the supply chain at any point where residual value is recyclable. In the 1980s the term Supply Chain Management (SCM) was developed, to express the need to integrate the key business processes, from end user through original suppliers. Original suppliers being those that provide products, services and information that add value for customers and other stakeholders. The basic idea behind the SCM is that companies and corporations involve themselves in a supply chain by exchanging information regarding market fluctuations, production capabilities.

Avoid last minute expert witness preparation whenever possible. The biochemistry expert witness may need several days of intensive work before meeting with you to prepare for court. Tell the expert what work you expect him to have completed before you meet for a deposition or trial preparation session. You will want the expert to have read all the materials, completed tests, and have thought through all aspects of the case with particular attention to possible questions the opposite side may pose.

Scheduling expert testimony during trial can be difficult. Matching the limited time your expert has available to the uncertain tempo of a trial can be a problem. Know the expert’s schedule before setting a trial date so that it you can accomodate their schedule.

When researching a medical expert witness, Healthcare Litigation Support recommends looking for an expert who can:

Review medical records

Analyze and evaluate medical and administrative events

Since 1991 ForensisGroup, Inc., has referred consultants, expert witnesses, forensic experts, and investigators in most technical, construction, medical, scientific, and engineering disciplines. Director Mercy Steenwyk advises legal professionals to keep these things in mind when looking at expert resumes, curriculum vitae (CV’s), and profiles:

1) Many areas of expertise might be satisfied by a range of disciplines.

Depending on the circumstance and the investigatory aims, fire cause and origin investigations may call for scientists, engineers, or skilled technicians in the building trades. Similarly, a given mold issue may be resolved by a medical toxicologist, general physician, environmental or occupational health expert, architectural engineer, or general contractor.

When researching a machinery expert witness, look for the expert who can provide analysis, reports, exhibits, and testing facilities. Eckstine & Associates, Inc., advises that the testing facility should be capable of conducting detailed experiments, performing accident reconstruction, conducting complete testing, and verifying failure analysis. Since trial exhibits and visual aids play an important part in contributing to the understanding of the facts of any case, look for CAD design and manufacturing of mock-ups and trial exhibits as well as conventional drawings, animations, displays, warning, charts and models.

For more, see http://www.eckstine.net/

Hiring a construction expert witness early on in your case is advantageous for several reasons. These expert witnesses may opine and write reports on construction investigations, construction standards of care, construction cost estimates, general contractors, licensed contractors, and construction disputes. They can also help:

Prepare discovery requests;

Prepare other witnesses and clients for their depositions;

If your case warrants it, it may be advantageous to hire more than one expert witness. For example, in an airplane case, you may need to select from the following types of aviation expert witnesses:

aircraft accident reconstruction expert witnesses aviation training expert witnesses aviation accident analysis expert witnesses aviation security expert witnesses air traffic control expert witnesses aircraft accident investigation expert witnesses aircraft contract manufacturing expert witnesses aircraft design expert witnesses
As much as possible, the experts should be instructed to avoid contact with each other to ensure that one will not “contaminate” the other(s).

Be sure to research and give serious consideration to the area of expertise you will need in an expert witness for your case. A few hours on cases analysis and background reading can save wasted time and money later down the road. If the case warrants it, it may be advantageous to hire more than one expert. For example, in an accident reconstruction case, this will allow you to:

1. Have the accident reconstruction expert witnesses compete and select the stronger one to testify at trial

2. Designate both as trial experts but keep one in reserve