Expert Witness Blog

In Chemicals and Cancer: Establishing Causation through Medical Toxicology, forensic toxicology expert witness Nachman Brautbar, M.D. writes:

I. Causation – Definition Causation, meaning cause and effect, is one of the most important and complex duties a forensic-medicolegal examiner has to establish. As physicians practicing medicine, we have been trained to think etiology of a disease which does not necessarily mean causation. The training in medical school, internship residency and fellowship always addressed etiology synonymously with causation, but we were not taught the practical meaning of the word causation.

The medical scientific community has been struggling with this issue of causation since the early days of Paracelsus. The first criteria for causation were established by Henle and Koch when Henle and his students, including Koch, studied cholera in the 1880’s. These criteria have changed through the years undergoing natural evolution. With new discoveries, Henle and Koch’s criteria were no longer valid for viruses and cancers. In the 1960’s Sir Bradford-Hill, who studied the cancerous effects of cigarettes, nickel and others, presented his aspects to establish medical causation. These criteria have been endorsed to some extent by the scientific community and utilized in occupational medicine and medical toxicology.

In Chemicals and Cancer: Establishing Causation through Medical Toxicology, chemical toxicology expert witness Nachman Brautbar, M.D. writes:

Chemical exposure and cancer date back several thousand years. The famous occupational physician, Ramazzini, was one of the first to describe examples of occupationally-induced cancers.

In the last 20 years, benzene has been shown to be a carcinogenic agent causing leukemias, lymphomas, and other hematological cancers. Other chemicals, such as chlorinated hydrocarbons, asbestos, and hexavalent chromium, have been shown to be carcinogenic.

Environmental toxicology expert witnesses may provide reports on chemical toxicology, ecotoxicology, and forensic toxicology. Here is Wikipedia’s definition of Environmental Toxicology (EnTox):

EnTox is a young (1965) and interdisciplinary science that uses both basic and applied scientific knowledge to understand natural and anthropogenic pollutants life cycle and their impacts upon structure and functions of biological and ecological systems. Research in EnTox includes both laboratory experiments and field studies. EnTox wants to answer two main questions (1) How the release pollutant causes harmful effects? (2) What can we do to prevent or minimize risk to biological and ecological system?..

People misunderstand EnTox as a scientific discipline that only focus on chemicals into the environment. Not true. That represents environmental chemistry and chemodynamics. Environmental toxicology covers more than only chemicals into the environment; it also includes studying and understanding the adverse effects caused by those chemicals’ release into the environment on living systems such as wildlife, aquatic species, pets, humans and ecological systems.

In Types of Mortgage Lenders – Mortgage Bankers and Mortgage Brokers, mortgage brokers expert witness Robert Trombley writes:

Mortgage brokers generate about 50% of all loans. They have access to a variety of lenders and often offer the most choice in loan programs. Brokers assist the consumer in completing the application and loan selection process and direct them to suitable lenders to fund the mortgage. Besides, brokers can quickly place your loan with another lender if your loan is turned down. Mortgage brokers are paid a fee by the borrower or the lender when a loan closes.

There are two main types of mortgage brokers today – those that represent the borrower and those that do not. It is important to understand the difference between mortgage lenders and mortgage brokers. As a rule, mortgage brokers don’t make a decision whether to extend you a loan, and they don’t actually make the loan. They work as intermediaries between borrowers and lending sources. However this fact does not mean that you are paying a higher rate. Since mortgage brokers obtain their funds from a variety of sources, they can even save you money by shopping your loan. Some mortgage brokers process and close loans in their own names, the others function purely as intermediaries between borrowers and lenders.

In Types of Mortgage Lenders – Mortgage Bankers and Mortgage Brokers, mortgage expert witness Robert Trombley writes:

The types of mortgage lenders include mortgage bankers, commercial banks, credit unions, and thrift institutions (savings banks and savings & loan associations). Banks, savings & loans and credit unions gather funds from their customers through checking and savings accounts and certificates of deposits. These funds are then used to make loans. When these institutions make a mortgage loan, they may decide to hold it in portfolio or sell it to secondary market investors.

Mortgage bankers get their funds typically by selling their loans in the secondary mortgage market. Since mortgage bankers primarily have one focus of business – to make mortgage loans – they usually offer very attractive loan programs and rates.

In Homebuyers And Credit Score Requirements For FHA Loans, finance expert witness Daniel Milstein writes:

If you are buying a home, then you need to understand the credit requirements for FHA loans. FHA Underwriters are the people that work for the FHA mortgage lenders and make the decisions on loans. Although FHA loans are one of the easiest loans to get in today’s real estate market, you still need to prove that you have a history of paying your bills on time.

FHA loans typically require that you have no late payments of 30 days or more on revolving or installment accounts and no collection or judgment accounts within the past 12 months. Being able to show that you have a good credit history is the most effective way for you to give the FHA lender confidence that you will be able to make your new mortgage payments on time each month.

In What is a finance expert witness?, wiseGeek writes:

In the majority of cases, the potential finance expert witness will be interviewed and asked to give his or her credentials. He or she will also be questioned by the opposing attorney, and his or her demeanor while answering questions will be studied. The person hired should be believable and likable to avoid turning off the jury. He or she should be good at handling pressure during cross examination, and giving answers to complicated questions in terms that jurors will understand.

Payment is generally offered to the finance expert witness for each day he or she is involved with the case. Aside from the actual trial, the witness will often be asked to review files and conduct studies involving financial records in questions. After everything has been studied, he or she will have to give an expert opinion on the findings. The opinion should not be in conflict with the attorney’s case, otherwise another witness may be hired.

What is a finance expert witness?

A finance expert witness is someone with specialized knowledge in economics or finance who is petitioned to provide a testimony during a court trial. His or her expertise will be used to prove or disprove theories or facts presented in the case. Both the prosecution and the defendant’s attorney may hire a finance expert witness if necessary.

The main criteria needed for someone to become a finance expert witness is that he or she have substantial knowledge in finance and be established as an expert in the field. This knowledge may have been obtained through education, experience, or a combination of the two. Published papers, awards, and other achievements may also be taken into consideration when choosing a witness.