Expert Witness News, Articles, Reports and Reference Documents

Jan 9 ’18 — Reading one expert witness report in isolation from others, a Texas court of appeals erred in its interpretation of the Texas Medical Liability Act, the state Supreme Court has found.

Jan 2 ’18 — While South Dakota, like many states, does not require disclosure of rebuttal testimony, trial courts can require adequate proof as to what rebuttal testimony an expert witness would give, the South Dakota Supreme Court has ruled.

Oct 23 ’17 — Arizona med-mal defendants may argue that an expert witness is unqualified and move directly for summary judgment without first challenging an expert’s preliminary report, the Arizona Supreme Court has ruled, removing a step in tossing a case.

Oct 19 ’17 — Getting paid can be as challenging for an expert witness as the forensic work, collection efforts can be costly, and retainer agreements often not as ironclad as assumed, as two recent cases exemplify all too well.

Oct 13 ’17 — Qualifying an expert witness is a routine court procedure, except when the attorney appears clueless and the expert an unqualified bollix. To be generous, perhaps the attorney and expert in this case were unprepared due to a last-minute designation.

Aug 21 ’17 — Courts must reasonably allow expert witness supplements proferring new scientific evidence, unavailable when the original expert opinion was submitted, if that evidence directly impacts key criticisms of the original opinion, the Ninth Circuit has held.

Aug 14 ’17 — Failing to correctly diagnosis a brain injury in a medical exam and causing harm do not expose an expert witness to civil liability, an Illinois appellate court has ruled. The ethical questions, and its professional implications, are another matter.

Aug 1 ’17 — Florida has some of the more stringent requirements for serving as a medical malpractice expert witness, and running afoul of them can lead to a bad outcome — for the expert. Just ask Dr. Dellerson, an emergency physician who nearly lost his license.

Jul 26 ’17 — Referring to scientific principles and scientific methods in expert witness testimony may provide gravitas, but under Daubert, it risks having such testimony designated as scientific, and then having it fall under more stringent standards.