Articles Posted in Researching Experts

Wrongful death expert witness Barry Gustin, MD, MPH, FAAEP, writes on avoiding medical malpractice when patients are handed off to other physicians:

When patients are transferred from one doctor to another, or from an outpatient setting to a hospital or nursing home, there is an increased chance of a serious mishap that can lead to a medical malpractice lawsuit. Who is ultimately found liable for fumbling the patient handoff may be up to a jury to decide years after the event. Plaintiffs’ attorneys generally will sue everyone involved in the patients’ care – at least initially — regardless of their degree of accountability, until the facts are clear.

Problems with handoff communication are listed as one of the root causes in up to 70% of adverse sentinel events compiled by the Joint Commission. The potential for something to go wrong — needed follow-up care that slips through the cracks or vital information that isn’t communicated in a timely fashion — can have life or death impact for patients. It’s also a leading driver of malpractice lawsuits against health professionals.

Trucking industry expert witnesses may opine on the transportation and logistics industry. Here the American Trucking Association describes how trucks are responsible for the majority of freight movement over land, and are vital tools in the manufacturing, transportation, and warehousing industries.

With as many as 750,000 interstate motor carriers in the United States, the trucking industry is the driving force behind the U.S. economy. Trucking does the heavy lifting to move, through the supply chain, nearly everything we consume or use. Few Americans realize, however, that trucks deliver 70 percent of all freight tonnage or that 80 percent of U.S. communities receive their goods exclusively by truck. Even fewer know that the motor carrier industry provides jobs and generates significant personal income and tax revenue.

It takes nearly 9 million people to move about 11 billion tons of freight annually. Trucking collects more than $650 billion in revenue and represents about 5 percent of U.S. Gross Domestic Product. One out of every 13 people working in the private sector in the United States is employed in a trucking-related job across manufacturing, retail, public utility, construction, service, transportation, mining and agricultural sectors. Of those, 3.5 million are commercial drivers, averaging $50,000 annually. Some earn well above $100,000 per year.

In Insurance 101 – Property – Casualty Basics, the American Insurance Association writes:

Risk has two key dimensions- frequency and severity-and both help determine insurability. Frequency relates to how often a loss occurs, i.e., whether the risk/event is common or relatively rare. Severity relates to how costly losses resulting from that risk could be, i.e., whether they could be relatively inexpensive or truly catastrophic in nature. insurance can be an appropriate method of risk transfer for low-frequency, high-severity losses (e.g., house fires or tornadoes), as well as for high-frequency, low-severity losses (e.g., motor vehicle crashes). However, insurance may not be the most appropriate method for treating all risks facing individuals and businesses.

For example, insurance could be too expensive for certain risks (low-frequency, low-severity) or unavailable for other risks (such as high-frequency, high-severity risks, or risks whose frequency and/or severity is difficult to predict, such as terrorism). Additionally, insurance may be unable to fully compensate for a loss (e.g., the destruction of family photos, which have great emotional value but little financial value).

Insurance expert witnesses may opine on insurance customs, insurance practices, malpractice insurance, surplus insurance and more. Here the Surplus Line Association of Illinois answers the question: What is surplus line insurance?

Since this insurer is not licensed in your state, they are not regulated by your state’s Department of Insurance in the same way licensed insurers are regulated (they are, however, regulated in the state or country where they are domiciled or located). Since they are not strictly regulated by your state, they are generally free from the form or rate regulations imposed on licensed insurers. This gives them the freedom to maintain broader internal guidelines for accepting risks. They have more flexibility to design and price their policies and can, therefore, accept risks that licensed insurers will not.

In many states, including Illinois, the licensed surplus line producer is required to ascertain that the insurer meets certain financial standards before buying a policy from them. In many other states the Department of Insurance, or some other authority, monitors the financial condition of surplus line insurers and maintains a list of insurers that surplus line producers are allowed to use. Whether done by the surplus line producer, the state Department of Insurance, or some other entity, this financial monitoring is an important function because if the insurer were to fail (go bankrupt), there is no guaranty fund protection for you.

In THE REAL ESTATE CLIENT: VALUATION SERVES IMPORTANT MASTERS IN LITIGATION CASES, forensic accounting expert witness Richard M. Squar writes on the valuation expert:

The valuation expert provides many assets to the litigation arena of a limited partner’s attempt to recover value for his/her investment. The expert can assist in coordinating, selecting and supervising other experts on the case and help in the assessment of the case and early approximation of ranges of value of the limited partnership interest. The valuation appraiser provides expert testimony, critique of the opposition, and rebuttal. Legal counsel is assisted and supported in developing briefs, discovery, and preparation of interrogatories. The skilled valuation expert also provides litigation support in research and damage calculations.

The valuation expert here is valuing the real estate limited partner’s partnership interest, taking into account its underlying asset value, lack of control and saleability.

Forestry expert witness Russell E. Carlson, RCA, BCMA, Tree Tech Consulting, writes on Guidelines for Protection of Trees on Construction Sites:

The following guidelines are minimum standards recommended for the preservation of trees. These guidelines should be incorporated in construction contracts, and the details made available to all parties involved with work on the site, including equipment operators. Other guidelines and protective measures may also be appropriate, in addition tho those listed below.

1. Protection Barrier: A protection barrier shall be installed around the tree or trees to be preserved. The barrier shall be constructed of durable fencing material, such as plastic construction fencing, snow fence, or chain-link fencing. The barrier shall be placed as far from the base of the tree(s) as possible, preferably at the drip-line. The fencing shall be maintained in good repair throughout the duration of the project, and shall not be removed, relocated, or encroached upon without permission of the arborist involved.

In THE REAL ESTATE CLIENT: VALUATION SERVES IMPORTANT MASTERS IN LITIGATION CASES, forensic accounting expert witness Richard M. Squar writes on minority interest:

A minority interest discount is applied to reflect the degree of absence of control or power over various business decisions of the partnership. It is common in partnership agreements of real estate limited partnerships to “limit” the ability of the limited partner to influence operations in the partnership, including management decisions, the ability to transfer limited partnership interests or substitute limited partners, the right to compel distributions, or the power to initiate liquidation of the partnership.

The discount for lack of marketability is concerned with the liquidity of the interest being valued. Liquidity is a measure of how quickly and easily the limited partnership interest can be converted into cash if the owner of the limited partnership interest wants to sell his/her investment.

Insurance expert witnesses may opine on insurance customs, insurance practices, malpractice insurance, surplus insurance and more. Here the Surplus Line Association of Illinois answers the question: What is surplus line insurance?

In order to understand what surplus line insurance is, it is helpful first to understand a few things about the insurance marketplace and to understand what surplus line insurance is not.

The first player in the marketplace we’ll discuss is the insurance company, sometimes referred to as an insurance carrier or insurer. The insurer is the company that actually writes the policy and accepts the risk that something will happen. They collect your premiums and those of other insureds and invest them. If a claim is made, they pay the claim from this pool of collected premiums.

Forestry expert witness Russell E. Carlson, RCA, BCMA, Tree Tech Consulting, writes on Guidelines for Protection of Trees on Construction Sites:

To preserve certain mature trees within a construction site some precautions must be taken to assure that neither the trunk, limbs nor root system of the tree are excessively damaged. The root system of a tree is the most vital and the most delicate part of the plant, and the most easily damaged.

The root system extends far from the trunk, often beyond the drip-line of the tree. The fine absorbing roots, those that collect water and nourishment for the tree, are located primarily within the top eight to twelve inches of the soil. (See Figure 1) The roots and the soil in this surface layer must be protected from injury.

What Is an Insurance Expert Witness?

The insurance expert witness can explain the processes behind the actions of an insurance company or agent, and can talk about industry standards of behavior and ethics. The insurance expert witness can also provide information about how coverage works, conditions under which coverage may be denied, and the appeals process in place for asking for reconsideration of insurance decisions. All of this information can be used to support one side or the other.

Like other witnesses, an insurance expert witness can be cross examined by opposing counsel. If the testimony has been especially effective, the opposing lawyer may attempt to undermine the credibility of the witness, or to shoot holes in the testimony. For example, the lawyer might remind the jury that the witness is expressing opinions, rather than stating facts, or might call the character of the witness into question. Opposing counsel may also ask about how much compensation the witness received, as juries may read a high compensation as a sign that the witness was “bought”.