Mississippi Rejects Standard of Care Expert Testimony

side view of empty hospital bed

Mary Thomas sought medical assistance for extreme back pain. A doctor diagnosed severe spinal cord compression. Two days later, she consulted with Dr. Adam Lewis, a neurosurgeon, who recommended surgery to fuse her cervical vertebrae. After Dr. Lewis performed the surgery, Thomas suffered from quadriparesis, a condition characterized by weakness, but not complete paralysis, in […]

Judge Excludes Expert Testimony in Prison Sexual Relations Case

Prison, Barbed Wire

A district court judge has decided to exclude the testimony of an expert on interrogations and false confessions in the trial of a prison dental instructor who has been charged with unlawful sexual conduct with female inmates. The Alleged Misconduct Women inmates from the Topeka Correctional Facility have accused their former dental lab instructor of […]

Failure to Hire DNA Expert Leads to New Trial

Lab Analysts May Be Required to Testify in Person in Criminal Trials

A bloody sneaker was the only physical evidence introduced in the murder prosecution of Nicholas McGuffin. The blood belonged to the crime victim, Leah Freeman. Thanks to a crime lab analyst who chose not to reveal the facts, the jury never learned that DNA belonging to an unknown male — not McGuffin — was also […]

When Is an Expert Needed to Prove an ADA Disability Claim?

Medical Expert

Medical experts often provide evidence that helps injury victims prove their damages. In some litigation, including medical malpractice cases, medical evidence is also needed to prove liability. Is medical evidence needed to prove a claim under the Americans with Disabilities Act? A decision of the Court of Appeals for the Tenth Circuit explains that the […]

Federal Judge Rejects Challenges to Time Warner Experts in TCPA Litigation

Ethical Issues in the Legal System

Two named plaintiffs filed a federal class action complaint against Time Warner Cable in the Southern District of New York. The plaintiffs alleged that Time Warner violated the Telephone Consumer Protection Act (TCPA), a law that Congress enacted to discourage annoying robocalls. The TCPA makes it unlawful under most circumstances for a company to make […]

Another Shaken Baby Conviction Based on Unreliable Evidence is Reversed

a doctor and a child

A Mississippi jury convicted Joshua Clark of murdering his four-month-old daughter, Kyllie Clark. That tragic death spawned a tragic prosecution that was based on the discredited diagnosis of shaken baby syndrome. The alleged “syndrome” has been debunked, a reality that too many prosecutors refuse to acknowledge. Prosecution experts continue to testify that they can confidently […]

Expert Designation Issue Loses Med-Mal Case

Gavel and scales

A California appeals court has affirmed the decision of a trial court in a case where the patient sued a doctor for malpractice, but was unable to present testimony from the doctor who successfully treated her because the doctor was not designated as an expert witness. The Unsuccessful Treatment From 2014 to 2016, Lyudmila Lerner […]

Experts Retained for Jail Overdose Death Case

Expert Witness Report Alleges Negligence in Prison Death

Davis County has retained three expert witnesses to defend claims that its jail personnel were “deliberately indifferent” to a man who died of a drug overdose while in their custody. Death of Gregory Leigh Hayes in Davis County Jail On December 13, 2017, Gregory Leigh Hayes, 33, was brought to Davis County Jail because a […]

Experts Offer Testimony in Shreveport Competency Hearing

Finance and business concept

The competency hearing of a Shreveport, Louisiana businessman accused of defrauding investors involved the testimony of four expert witnesses who had differing opinions on whether he is competent to stand trial. The Alleged Crimes The U.S. Attorney’s Office Western District of Louisiana charged Shreveport, Louisiana businessman, David deBerardinis, with a five-count indictment that alleged he […]