Articles Posted in Researching Experts

Child abuse expert witness Jill G. Jones-Soderman, Ph.D., MSHS, has been in the private practice of psychotherapy and psychoanalysis for over 35 years. Her work involves the study of the violation of civil rights and confidentiality in various provinces of the court system with particular emphasis on family courts throughout the country. On her website, she explains how whistleblowers serve a purpose in the judicial system.

For over a century, whistleblowing has been a vital element in the checks and balances of American political and economic life, exposing corruption and illegality in the system, too frequently overlooked or suppressed by official authorities. Idealistic insiders who come across evidence of foul practices in business, politics, the military, in non-profits and religious organizations, and in the judicial system must have platforms where they can air their grievances and expose corruption to the public. Whistleblowers are often shunned by their colleagues, are retaliated against by their institutions, and even have their lives threatened.

Famous American whistleblowers include Karen Silkwood, Jeff Wigand, Ida Tarbell, Frank Serpico and Daniel Ellsberg, who each made significant contributions to American society through their dramatic whistleblowing actions. Currently www.uswhistleblower.org has articles posted about malfeasance in various family courts and child protection agencies, articles about the NFL cover-up about head injuries to players, and even about animal rights issues.

In Ten Lessons Learned From the Sandy Hook School Shootings, school security expert witness Ken Trump, MPA, President of National School Safety and Security Services writes:

Our team’s analysis of the Sandy Hook Final Report released by the Connecticut State’s Attorney continues with 10 key lessons learned for school security and emergency preparedness. While additional details may be revealed in forthcoming documents from the Connecticut State Police, 10 important lessons from Sandy Hook have emerged based upon the final report, information shared with us by individuals involved with the incident, and other published reports:

1. Invest in the people side of school safety. The principal and school psychologist lost their lives moving toward the shooter. Teachers and teacher aides in two classrooms died with their children. The office staff minimized their visibility and as shots were being fired in the hall still managed to call 911. The school custodian ran through the building alerting teachers to lock down as he helped lock classrooms. People are the first line of defense for student safety. We need to invest more in training and preparing our students and staff for safety, security and preparedness versus skewing our focus on security equipment.

In First Aid Teams, emergency preparedness expert witness Michael J. Ryan, principal at First Aid Depot, asks the question, “Does your organization need a First Aid Team?”

When you look at the issue of a First Aid Team some thoughts come to mind. One thought is the first aid kit hanging on the wall somewhere, usually only opened for an occasional cold tablet, aspirin or band-aid or maybe you can recall a time when the local fire department or ambulance corps responded to your 911 call. Aren’t these things good enough for most work place emergencies?

Several issues should be considered when you establish a First Aid Team. Is the first aid kit properly stocked for your unique work place emergencies? What would happen if the responding 911 responders were delayed; is it appropriate to transport the patient by private vehicle, etc.? Even in ideal conditions the period of time in which you wait for police and/or an ambulance may be life threatening if the victim doesn’t receive oxygen or other life sustaining interventions such as CPR/AED. The issue of first aid training gained more exposure on December 6, 1991 when OSHA (Occupational Safety and Health Administration) mandated certain types of training to comply with Blood Bourne Pathogen issues in the work place. Additionally, OSHA requires that associates working in certain environments have the ability to be resuscitated in the event of life threatening work place emergencies.

Child abuse expert witnesses may advise regarding child abuse and neglect and the physical and emotional mistreatment of children. In the news, South Dakota midwife Judy K. Jones is charged with the death of a Nebraska infant she delivered. Court records state the baby developed medical problems and Jones allegedly failed to provide proper medical treatment. The baby was in grave condition when admitted to the hospital and died after being transported to a hospital in Omaha. Charges include manslaughter, practicing without a license, criminal impersonation, child abuse negligently resulting in death and child abuse intentionally resulting in death. Jones is living in South Dakota and awaiting a 2015 trial in Custer County District Court.

The Federal Child Abuse Prevention and Treatment Act (CAPTA), (42 U.S.C.A. §5106g), as amended and reauthorized by the CAPTA Reauthorization Act of 2010, defines child abuse and neglect as, at minimum:

Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation; or an act or failure to act which presents an imminent risk of serious harm.” Most Federal and State child protection laws primarily refer to cases of harm to a child caused by parents or other caregivers..

In CHIROPRACTIC / MEDICAL MALPRACTICE CAUSATION AND THE DEGENERATIVE SPINE, medical malpractice expert witness Richard K. Skala, DC, writes that the “chiropractic expert will be challenged by the opposing party during deposition and/or trial in terms of the foundation used to come to their conclusions within a reasonable medical probability.” (See here for Part 1.)

EXPERTS WEIGH IN The defense chiropractic expert testified, on review of the medical record, noting the lack of full history disclosure on the part of the farmer in regards to prior medical treatment and imaging. Discussing also the DC examination findings and the absence of any red flags during the history and exam, the DC expert concluded that the standard of care had not been violated. The DC expert, relying on training in x-ray interpretation, testified that the initial MD was correct that the degenerative changes were age and occupation consistent. The DC expert also testified that the degeneration indicated a long standing and developing disc condition at L5/S1. Finally, the DC expert noted various treatment guidelines that indicate imaging is not mandatory in the absence of red flags.

The defense expert neurosurgeon testified that it was “unlikely” that the DC treatment significantly caused or worsened the farmer’s disc herniation. The neurosurgeon also testified that muscle weakness following Laminectomy, foraminotomy L5/S1 discectomy was not uncommon and cited multiple studies that listed leg muscle weakness as a risk of the surgery.

Automotive expert witnesses may opine on automotive design, automotive technology, fuel economy and related aspects of the automotive industry. In the news, automakers Hyundai and Kia have agreed to pay a $100 million civil penalty to resolve alleged Clean Air Act violations. An EPA investigation found that the companies touted lower gas mileage and greenhouse gas emissions on 1.2M vehicles than test results showed. In a large number of tests, both Hyundai and Kia chose favorable data rather than average results. In certain cases, Hyundai and Kia relied predominantly on data gathered when test vehicles were aided by a tailwind.

In a 11/03/2014 press release, the EPA states:

United States Reaches Settlement with Hyundai and Kia in Historic Greenhouse Gas Enforcement Case

In What is Child Abuse? Childhelp.org states: “Child abuse consists of any act of commission or omission that endangers or impairs a child’s physical or emotional health and development. Child abuse includes any damage done to a child which cannot be reasonably explained and which is often represented by an injury or series of injuries appearing to be non-accidental in nature.” Child abuse expert witnesses are effective advocates for children and may advise regarding child abuse and neglect, child maltreatment, and child sexual abuse. At Forensic Pediatrics Consultants.com, board certified doctors and experts in child abuse, pediatrics, and forensic interviews describe Forms of Child Abuse:

Physical abuse Any non-accidental injury to a child. This includes hitting, kicking, slapping, shaking, burning, pinching, hair pulling, biting, choking, throwing, shoving, whipping, and paddling.

Sexual abuse Any sexual act between an adult and child. This includes fondling, penetration, intercourse, exploitation, pornography, exhibitionism, child prostitution, group sex, oral sex, or forced observation of sexual acts.

The Centers for Disease Control and Prevention reports that each year in the United States, emergency departments treat more than 200,000 children ages 14 and younger for playground related injuries (Tinsworth D, McDonald J., Special Study: Injuries and Deaths Associated with Children’s Playground Equipment. Washington, DC, U.S. Consumer Product Safety Commission, 2001). Tinsworth also reported that approximately 45% of playground-related injuries are severe – fractures, internal injuries, concussions, dislocations, and amputations. In QUESTIONS, ANSWERS and FALLACIES ON PLAYGROUND SAFETY, school safety expert witness Scott A. Burton, Safety Play, Inc., writes on ASTM standards s for the American Society for Testing and Materials.

ASTM creates safety standards for many industries, including playgrounds for public use, home use, children under two, soft-contained playgrounds, playground fencing, playground & sports surfacing, trampolines, sports equipment and facilities, amusement rides, etc.

Some or all of the playground safety standards are law in some states, and for some entities who have adopted it into their bylaws.

In Frequent Contract Planning Risks, contract manufacturing expert witness Robert G. Freid writes on the importance of the contract prior to the start of work.

– Customers have their greatest negotiating leverage before start of work. Once work starts it is often difficult to reverse course because of time constraints and resources.

– About a third of my outsourcing consulting services involves work as a consultant in legal disputes between customers and suppliers, and millions of dollars in damage claims. In most cases, no contract existed between the parties – at best, only an MOU. I’ve recently been an expert witness in such a matter with 10,000 pages of depositions and 1,000 exhibits from both sides. Very expensive.

In CHIROPRACTIC / MEDICAL MALPRACTICE CAUSATION AND THE DEGENERATIVE SPINE, medical malpractice expert witness Richard K. Skala, DC, writes:

Proving or disproving Legal Medical Causation is based on testimony by expert witnesses regarding the “proximate” cause of negligence to a standard of reasonable medical probability. The plaintiff bears the burden of its expert being able to conclude to this standard that indeed negligence occurred and thus damage ensued. The defense expert bears the opposite burden of concluding to the same standard that there was no cause of negligence and thus no damage.

Regardless of which side of the argument an expert speaks to, their conclusions must be persuasive in terms of causation. The standard of reasonable medical probability essentially means that “it is more probable than not” that a chiropractor did or did not do something negligent during the course of treating a patient that resulted or caused some degree of damage. Experts on both sides of the arguments must be able to demonstrate that the conclusions they pose as “within reasonable medical probability” have enough evidentiary weight to convince a reasonable person that their conclusions are in fact correct.