In protecting its citizens, Michigan already is taking a deserved drubbing for its shameful government negligence in allowing the lead pollution of Flint‘s drinking water. Officials now need to get their act together to stop a different kind of public policy embarrassment: Expert medical witnesses who abandon any pretext of objectivity and instead work hard….
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In celebrity courtroom slugfest, legal glare also falls on expert medical testimony
When two wealthy celebrities engage in no-holds barred combat in a courtroom over the most personal aspects of their private lives together, the results can be disconcerting — but also riveting — for regular folks watching the legal wrangling. The Johnny Depp vs. Amber Heard defamation case, with its mixed verdict from jurors, not only….
Continue ReadingMedical Society Statements on Expert Witness Testimony
(Compiled by Patrick Malone & Associates) Introduction Our law firm compiled these statements from medical societies on expert witness testimony to acquaint practicing trial lawyers with what the governing bodies of various medical specialties say about how experts should behave when testifying. Trial lawyers may find these statements useful to: Prepare your own expert witness….
Continue ReadingSecrecy in drug and medical device lawsuits can imperil patients, experts say
The civil justice system, by regularly closing off and keeping secret key parts of lawsuits involving medical devices and prescription drugs, may contribute to patients’ serious injuries and deaths, according to a “special communication” published in a noted medical journal. The online article in JAMA Internal Medicine argues for greater transparency and disclosures, with a….
Continue ReadingMalone, Patrick: Cross-examination of a neonatologist expert on his factual mistakes
This was a cross-examination of Edward Karotkin, a Virginia neonatologist, in a birth injury trial in Roanoke, Virginia. The baby had suffered intra-uterine bleeding just before birth from a needle stick with an amniocentesis procedure that was intended to determine if she was mature enough to deliver. Q. Sir, you agree that your job is….
Continue ReadingMalone, Patrick: Cross-examination of a fetal maternal medicine expert, James Christmas, MD
Marissa Simpson, an infant, v. Roberts, Terry and Southwest Virginia Physicians for Women, Inc., Case No. CL04-213, Circuit Court for the City of Roanoke, Virginia, May 16, 2012 This was a malpractice case for a baby who suffered brain damage at birth from having lost a large portion of her blood in the hours preceding….
Continue ReadingMulvey, Elizabeth: A Frequent Expert’s Percentage of Income from Testifying
Let’s listen in as lawyer Liz Mulvey of Boston cross-examines a neuroradiologist named Gordon Sze. Massachusetts doesn’t allow experts to be deposed in most cases, so the background data that allowed Mulvey to impeach the witness all came from culling his depositions from other cases and having the information at her fingertips. Q. Doctor, you….
Continue ReadingLees, Jim: A “Misfit” Expert with Too Many Credentials
Row v. Makena Sales Co., Inc., 266th Judicial District, Texas, March 7, 2012. [Malone comments are throughout the transcript in red] Every “expert” who climbs up on the witness stand is in fact an expert – in some one thing, maybe in many things. But maybe not in what you think the case should be….
Continue ReadingRandy Kinnard cross-examination of an orthopedic surgeon expert witness on standard of care issues
Donathan v. The Orthopaedic & Sports Medicine Clinic, United States District Court, Eastern District of Tennessee at Chattanooga, February 2, 2010. [Malone comments are throughout the transcript in red] Sometimes an opportunity for good cross-examination rears its head in the middle of trial. That happened in a malpractice trial in federal court in Chattanooga, TN…..
Continue ReadingFox, Gary: cross-examination of a “frequent flyer” expert medical witness
Slayton v. Professional Park Pediatrics, P.A., Case No. 03CA1622, 2nd Judicial Circuit, Florida, June 22, 2007. [Malone comments are throughout the transcript in red] The cross-examiner is Miami attorney Gary Fox, and the witness is a pediatric infectious diseases specialist from New Mexico with a long testimonial history, which is the first thing Fox explores…..
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