Using Expert Witnesses in Arbitration Proceedings

Arbitration clauses are common in commercial contracts. Some employment agreements and user agreements (the online contracts that consumers never read before clicking “I agree”) also contain arbitration clauses.  Arbitration has been promoted as a cost-effective alternative to courtroom litigation. That may or may not be true. The filing fee to start an arbitration can be […]

What Fees Can Expert Witnesses Charge?

Pen, figures, and Calculator

On occasion, expert witnesses agree to work for free. Dr. Martin Tobin, a lung and critical care specialist with more than 40 years of experience, testified that George Floyd died due to a lack of oxygen after Derek Chauvin knelt on Floyd’s neck. Tobin has been compensated for his expert testimony in several civil cases, […]

What Is the Difference Between a Retained and Non-Retained Expert Witness?

Courts and rule-makers have categorized expert witnesses in ways that can be confusing. Placing an expert witness into the correct category can make the difference between a lawyer’s ability to use an expert at trial and a judge’s decision to exclude the expert’s testimony. Differing terminology used by state and federal courts contributes to the […]

Ohio Supreme Court Rejects Hospital Executive as Expert Witness

#9867034 Mallet And Stethoscope Over Sound Block In Court

The Ohio Supreme Court has ruled that a hospital executive that does not directly oversee physicians who treat patients does not meet the requirements to testify as an expert witness in a medical malpractice suit. Trial Court Mark Johnson, Glenda Johnson, and Gary Johnson filed a medical malpractice suit on behalf of their brother, David […]

Understanding Dementia and Medical-Legal Implications

Understanding Dementia and Medical-Legal Implications By Sanjay Adhia, M.D.  Dementia encompasses degenerative disorders to the brain. It can be subtle and fluctuate in severity even from day to day.  It can accompany genetic factors, or be associated with an injury or repeated injuries to the brain and head. It is serious and marked by symptoms […]

How to Choose an Expert Witness

Expert CV Checklist

Expert witnesses testify in more than half of all civil trials. In state court trials, experts tend to be doctors testifying in personal injury cases. In federal trials, less than half of expert witnesses are medical professionals. In some cases, the choice of an expert is dictated by circumstances. In personal injury trials, treating physicians […]

What Every Lawyer Needs to Know about Experts Daubert Standard Reports

Expert Witness writing report

The Federal Rules of Civil Procedure require experts to prepare a written report if they are retained to testify. State rules may or may not impose the same obligation. Even when state rules do not demand production of a report, a judge’s scheduling order might require a testifying expert to do so. Lawyers often tell […]

Screening Experts for Conflicts of Interest and Bias

Courtroom

Lawyers must consider several factors when they choose an expert witness. The expert’s qualifications, reputation, and ability to communicate effectively are key considerations. The expert’s location and the lawyer’s budget are practical issues. The potential for a conflict of interest is a factor that lawyers tend to forget. Fortunately, actual conflicts are rare. Experts are […]

Maryland AG Names Team to Review Ex-Chief Medical Examiner’s Work

The Maryland Attorney General has selected an independent panel of experts to investigate the police custody deaths that took place during the tenure of the state’s former chief medical examiner, Dr. David Fowler. Fowler’s Judgment Called into Question Fowler served as a key witness in the trial of Derek Chauvin, whose high-profile trial ended with […]