The Expert Witness in a Medicare/Medicaid Fraud Case

If you’re an attorney handling government health insurance fraud cases, you may be familiar with the hefty fines the government recovers in these cases – some totaling $4.1 billion in 2011 alone. The Medicare/Medicaid fraud case can be broken into three types or stages:  (1) a compliance failure that could pivot into litigation; (2) public aspects of … Continued

Understanding the Interface between Clinical Practice and Legal Proceedings in Benzene Exposure Cases

In a purely diagnostic sense, consideration as to causal factors of an individual’s injury is typically an unnecessary, and perhaps irrelevant, component of patient assessment,  in light of the medical provider’s ultimate goal of providing intervention and treatment for benzene exposure. Although diagnostic criteria may unavoidably result in the identification of benzene exposure as being … Continued

No Limit to the Number of Expert Witnesses

In a recent ruling by a state appellate court in New Jersey, there is no limit to the number of expert witnesses that can be called by a party during a trial. The case was a medical malpractice action in a situation where the patient died.  The trial judge ruled that each side was only … Continued

Diagnosing Your Need for a Pharmaceutical Expert Witness

Reading through several articles on federal cases around liability for name brand and generic pharmaceuticals, I took a moment to read some of the comments.  One said a case should have been filed as failure-to-warn instead of design defect.  Another said the prescribing physician should have been sued.  Still another wondered about hospital liability. If … Continued

Limiting the Expert Witnesses? Not in New Jersey

Today’s blog comes courtesy of an appeal decided by the New Jersey Superior Court on March 28th, 2013.  In a recent case (Superior Court of New Jersey Appellate Division, Docket No. A-1793-11T4) the issue was whether the lower court erred when it prohibited the plaintiff from calling an expert witness in an effort to equally … Continued

Helping Your Financial Expert Witness Explain Complex Data

Anyone who has prosecuted or defended a complicated civil lawsuit understands the importance of an excellent expert witness. But not all expert topics are created equal. Take medical malpractice, there is no question that it’s essential for a medical expert to help a jury understand what the doctor did, what he didn’t do, what he … Continued

North Carolina Court Examines Experts’ Area of Expertise

Smith worked for an aluminum producer from 1935 until 1978. The parties, the executor of Smith’s estate and his former employer, stipulated that he was exposed to asbestos during his time at work. Smith was diagnosed with esophageal cancer in February 2008, specifically esophageal adenocarcinoma.  He died one month later at an advanced age. The … Continued