Expert Witness Blog

In Radiology Over The Past 40 Years, radiology expert witness Jordan Haber M.D. F.A.C.R., writes:

Radiology in the 1960s was considered an ancillary specialty divorced and segregated from the mainstream of practice. Internists and surgeons very frequently would have little but polite regard to the input of the radiologist. As a consequence, the Radiologist was positioned all too frequently in the basements of hospitals. Relegated to locations far from where the clinical practice hotspots are, their physical location in the hospital reflected the disinterest that the clinicians had in radiographic input. Also, stereotypically, the personality profile of the radiologist also frequently reflected his relatively passive role in clinical care. While the general surgeon often had a bravado characteristic of an outgoing engaging clinician, the Radiologist would be construed as a relatively withdrawn doctor either incapable of or not interested in interpersonal contact. He would be thought of as sitting in a dark room filled with view boxes and x-rays, avoiding the light of day and of active clinical direct practice. Both Radiologists and Psychiatrists were very peripheral from clinical care in the late 1960′s.

Now, 40 years have passed. Currently, Radiology is one of the most sought-after subspecialties in medicine. Residency positions in Radiology are only offered to medical students in the top 25% of their class. Just a few years ago, such positions were primarily and solely offered to those medical students accepted in the National Honor Society (AOA). The Radiologist, who was portrayed historically as a relatively withdrawing participant in healthcare, frequently now sits on executive boards of hospitals and rises to president of the medical staff. His leadership role in many hospitals, both academic and community, reflects the new realization that Radiology is no longer ancillary but integral in the algorithm of outpatient care. No longer is the Radiology suite in the basement. It is now located adjacent and sometimes within the emergency room, reflecting its vital importance in diagnostics and treatment development. It is now understood that Radiology’s input is critical to virtually all of the medical subspecialties.

Environmental toxicology expert witnesses may opine regarding toxic chemicals exposure, PCBs, forensic toxicology, and related matters. In the news, an Italian study found a link between certain chemicals and Parkinson’s disease. health.usnews.com reports their findings: “Prolonged exposure to pesticides, bug and weed killers, and solvents appears to raise the risk for developing Parkinson’s disease, a new study says.” Researchers reviewed more than 100 earlier studies regarding exposure and the risk of Parkinson’s.

In STANDARD OF CARE: What Standard, Who Cares?, oncology expert witness Dr. Ronald Citron writes:

A hundred years ago, one man could master the cumulative medical knowledge of all humanity. Today, one man could spend a lifetime reading the new findings published in a single year. We doctors learn it ‘all’ in medical school. But, of course, that is not enough. We must keep up with the continuing flow of new data. How do practicing physicians manage the torrential onslaught of new information inherent in the modern age? How do they find and learn the information? How do they integrate new findings into their daily activity? How often does this happen? What mechanisms for learning are there?

Medicine mandates education for doctors be they Chaired Professors at a University or generalists. It is the responsibility of every physician to log a required number of hours of education per year.

Railroad expert witnesses may give opinions regarding railroad accident reconstruction, railroad accident investigation, train wrecks, and railroad safety. In the news, a Union Pacific train struck a Burlington Northern Train about 120 miles south of St. Louis on Saturday causing a highway overpass to collapse. The locomotive and a dozen cars derailed which injured seven people. A post-crash fire was reported.

More info: http://www.ntsb.gov/investigations/2013/scott_city_mo/scott_city_mo.html.

In Property & Casualty Insurance Procurement & Litigation (Ten Recurring Themes Every Lawyer Should Know) insurance expert witness David L. Stegall, CPCU, ARM, ARe, RPA, of Risk Consulting & Expert Services writes on ten recurring themes that often lead to litigation. Attorneys either dealing in insurance procurement litigation issues or with clients who purchase insurance may want to consider these ten themes:

Theme 8 of 10 Property values matter and vary based on the purpose of the valuation. Although this issue seems easy, there is more contention at the time of a property claim on this issue than practically any other issue. The problem is usually the misunderstanding on the part of property insurance buyers as to the relationship between “Market Values,” which is usually how much they paid for the property, versus an insurance contract’s definition of property value. In a property insurance policy, usually there are two ways and sometimes three ways of purchasing the correct value. The first is “Replacement Cost,” which is the cost of repairing or replacing the property with like or similar materials or paying cash for up to the replacement cost designated on the policy. The second is “Actual Cash Value” meaning replacement cost minus depreciation and the third is “Stated Amount Value” meaning an agreement is made up-front with the insurance buyer and the insurance company as to how much the property is worth and the valuation basis at the time of a claim.

Confusion often arises for two reasons: First, over the difference between the Replacement Cost Value (what it would cost to repair or replace with like materials) or Actual Cash Value (replacement cost minus depreciation) of a structure and its market price. Market price has nothing to do with the insurable value and is based on a completely separate set of criteria. Primarily, it is based on location and real estate market forces; secondly, the amount borrowed from a lender to purchase the structure and the lenders’ contractual requirements for purchasing coverage to protect their interest.

Transportation construction expert witnesses may provide reports and testimony regarding design, surveying, construction, operation, and maintenance of highways, roadways, bridges, and tunnels, as well as associated matters. In the news, a bridge on I-5 near Mount Vernon, WA, collapsed after a semi-trailer truck hauling over-sized drilling equipment struck the bridge’s trusses. The 55 year old bridge is rated a “fracture critical” design – the failure of just one part could cause the entire bridge to collapse. According to the US DOT website:

The bridge carries an estimated 71,000 vehicles each day and is a major commercial route between Washington and Canada. Approximately 11 percent of the vehicles are commercial trucks transporting goods between the two countries.

Patent protection expert witnesses may write reports on software patents, invention patents, patentability requirements, license agreements, and correlated matters. In Startups and Patent Trolls, Santa Clara University Assistant Professor of Law Colleen V. Chien writes:

Abstract:

While patent assertion entities (“PAEs” or patent “trolls”) have received a lot of attention, little of it has focused on the distributional impacts of their demands. The impact of PAEs on startups is crucial, because startups contribute to job creation and innovation, making them potential targets and sources of patents. To assess the impact of trolls on startups, I analyzed a comprehensive database of patent litigations from 2006 to the present, conducted a non-random survey of 223 tech company startups, 79 of which had received a demand, and interviewed nearly twenty entities with relevant knowledge of startup patent issues.

Physical therapy expert witnesses found here may testify regarding the use of therapeutic exercise, manipulations, massage therapy, body therapy, and bodywork. In Special Considerations in Cases of Trauma, The Ethics of Touch, a book on ethics, sexual trauma, and professional boundaries, Dr. Ben E. Benjamin writes:

On average, one of every five clients a practitioner sees has a history of trauma or abuse. Whether or not you are aware of it, in a large percentage of your sessions, the client in your treatment room may be a survivor. Even the client might not know. To avoid ethical complications, every practitioner who uses touch needs basic knowledge about trauma and abuse survivors and a clear protocol for working with these particular clients.

In Property & Casualty Insurance Procurement & Litigation (Ten Recurring Themes Every Lawyer Should Know) insurance expert witness David L. Stegall, CPCU, ARM, ARe, RPA, of Risk Consulting & Expert Services writes on ten recurring themes that often lead to litigation. Attorneys either dealing in insurance procurement litigation issues or with clients who purchase insurance may want to consider these ten themes:

Theme 7 of 10 Understand Uninsured/Underinsured Motorist (UM) coverage before it is needed. This coverage acts as the liability coverage for persons who injure you, your family, your employees or anyone driving your car with your permission when the person who causes injury either does not have liability insurance or is underinsured. Various states handle the issue of UM coverage differently, and apart from the 12 states that provide so-called ‘no-fault” coverage with Personal Injury Protection (PIP), insurance buyers seldom purchase adequate Automobile UM Liability Limits.

With this in mind, the minimum limit an automobile policy provides is typically woefully inadequate. It is estimated that 15 percent of all drivers on the road are without insurance and even more have minimum limits. In some states, this average percentage can be doubled.