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Cardiology expert witnesses may provide reports concerning cardiologists, cardiovascular disease, and cardiac surgery. In the news, EMH Regional Medical Center, has agreed to pay $3.9M to settle accusations that it billed Medicare for unnecessary PCIs (Percutaneous coronary intervention, commonly known as coronary angioplasty). The DOJ accused the hospital and doctors of performing angioplasties and stent placement procedures on patients who did not need them. On its website EMH in Elyria, OH, advertises it “is one of America’s 100 Best Hospitals for Coronary Intervention and Cardiac Care!”

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Pesticides expert witnesses may write reports and testify on pesticide contamination, insects, pesticide products, and pest control. On its website, The International HCH & Pesticides Association offers the title:

Obsolete (lethal) Pesticides, a ticking time bomb and why we have to act now.

Authors: John Vijgen, Director of the International HCH & Pesticides Association (IHPA)

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In Guidelines For The Expert Witness, Judge Timothy T. Daley, Family and Youth Court Judge Province of Nova Scotia, offers trial preparation guidelines including:

Accept the unfamiliarity of testifying rules.

The main objections raised by counsel to expert testimony arise because of hearsay and a proper foundation for the opinions expressed. Objections may be to the question asked or the answer given. When an objection is raised, the witness should refrain from speaking until the court instructs otherwise. The witness should not attempt to justify comments unless asked to do so. The witness is not to respond to an objection, argue about comment or whether or not the evidence should be heard. After an objection is raised, the court rules on the objection and instructs counsel how to proceed.

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Proprietary knowledge expert witnesses may testify on trade secrets, confidential information, patents, software , and related matters. On December 21, 2012, the Hewlett-Packard Company petitioned the Travis County District Court (TX), to take depositions from former HP executives Gregg Hansen and Todd MacKenzie. Grounds for the petition state:

On November 30, 2012, eighteen employees working in HP’s Global Information Technology (IT) organization in Austin, Texas, including Hansen and MacKenzie, resigned en masse and without notice (collectively, “departed employees”).

HP is investigating potential claims against executives and members of four teams within HP’s IT organization which moved to GM. At issue is HP confidential and proprietary information.

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Products liability expert witnesses may consult on issues involving consumer products safety, consumer products warnings, and product design. In the news, the massive products liability case against ExxonMobil and Citgo is scheduled to go to trial on January 7, 2013 in U.S. District Court New Hampshire. The oil companies are charged with failing to warn consumers of the dangers of MTBE and the prosecution alleges that ExxonMobil and Citgo ignored their own experts who said not to use MTBE. 50,000 exhibits have been marked in the Concord, NH, case (http://www.nhd.uscourts.gov/).

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In Seven Costly Mistakes Attorneys Make With Medical Negligence Cases, Dr. Burton Bentley of Elite Medical Experts LLC writes:

Although the rate of negligence claims against medical providers has begun to level off, the cost of litigating these actions has risen dramatically. Vast amounts of time and money are lost when attorneys – whether retained by plaintiff or defense – pursue a non-meritorious case or litigate a worthy case inefficiently. Beware of the following costly errors:

MISTAKE #1: FAILING TO THOROUGHLY ANALYZE A CASE BEFORE ACCEPTING IT.

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Medical malpractice expert witnesses may consult on issues involving medical negligence, healthcare providers malpractice, and medical malpractice litigation. The American Academy of Pediatrics Committee on Medical Liability and Risk Management offers Guidelines for Expert Witness Testimony in Medical Malpractice Litigation on their website. The article includes discussion on standards of care, medical errors v. negligence, and more.

See: http://pediatrics.aappublications.org/content/109/5/974.full.

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Patents expert witnesses may opine on patent infringement, software patents, invention patents, and more. In the news this week, Carnegie Mellon University has been awarded almost $1.17B in its patent infringement lawsuit against Marvell Technology Group Ltd. The jury found that Marvell, maker of data storage chips, infringed on Carnegie Mellon technology patents while Marvell argued that the patents were not valid. The Pittsburg jury found that Marvell had sold billions of chips incorporating technology developed by Carnegie Mellon Professor Jose Moura and doctoral student Aleksandar Kavcic. Judge Nora Barry Fischer presided in the W.D. Pa. case (2:09-cv-00290-NBF).

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In Guidelines For The Expert Witness, Judge Timothy T. Daley, Family and Youth Court Judge Province of Nova Scotia, offers trial preparation guidelines including:

Guideline #12 – Answer only what is asked.

Be precise and do not offer gratuitous comments. Answer only what counsel or the court asks. If clarification or interpretation is needed, do so as necessary. It is better to acknowledge lack of expertise in a specific area than to risk misleading responses. Failure to acknowledge a possible second interpretation may result in a loss of credibility. Do not assume that counsel or the court are familiar with the profession, its descriptions and prescriptions. Assume that the evidence and the manner it is presented, will be assessed for validity and weighed against other evidence.

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In The Emotionally Labile Client; Duties – When A Client Threatens Violence, Jeffrey Segal, MD, JD, FACS, et al. and Michael Sacopulos, JD, write on what happens when a client threatens violence. See http://www.medicaljustice.com/.

Published in Elon Law Review, 2012, Spring, pp55-70.