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
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
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
The vast majority of auto negligence cases reach settlement far before a matter is noticed for trial. However, when the insurance company does not settle in a manner that will suffice the Plaintiff, the parties may be forced to proceed to trial. The problem with proceeding to trial then becomes that the ultimate decision resides … Continued
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
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
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
Clients rely on attorneys to find the expert witnesses for legal matters. Can an attorney be sued for malpractice for not finding an expert witness for a case? The plaintiff (“Redding”) filed a legal malpractice complaint against her former attorney. Redding alleged that her Pennsylvania medical malpractice case was dismissed because her former attorney failed … Continued
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
Can an attorney ask a treating physician to testify? Do you have pay the treating physician as an expert witness to testify? This depends on whether or not the doctor is considered as a fact witness or expert witness. Judge Jon W. Thompson of the Arizona Court of Appeals recently wrote the opinion in a … Continued
Head injuries are currently making national news and drawing a lot of attention after the hospitalization of secretary of state, Hillary Clinton after a fall in her home that caused a concussion. In adults, head injuries regularly occur as a result of accidents. For children and adolescents, head injuries often occur as a result of … Continued
You speak with an expert witness. You interview a potential expert witness. He took notes. You jot a confirming letter. And then you wake up in a cold sweat over whether communication between an attorney and an expert witness can be discovered by opposing counsel. The fact that you are worried about this question is … Continued
