Christine Funk

Previously, we discussed the fact certain states require affidavit of merit in medical malpractice cases. Similarly, many states have certain requirements[1] that must be met before a physician testifies as an expert witness in a medical malpractice case. The public…

Cross examining expert witnesses can be daunting. After all, you are challenging someone who has made their career understanding the topic. You should spend a considerable amount of time preparing cross examination questions with your own expert’s help before attempting…

The function of an independent medical exam is to independently evaluate the nature and extent of injuries or conditions, so as to adequately assess whether the treating physician’s conclusions about ability and disability are correct. However, independent medical exams are…

When an Expert Just Isn’t Right for Your Case When hiring an expert witness for litigation, it is important to remember that although you can buy an expert’s time and expertise, you cannot buy their opinion. Any expert worth their…

As a general rule, it is up to the lawyers, not the experts, to determine what evidence must be presented in court to meet a specific jurisdiction’s admissibility standards.  That having been said, experts often want to know the requisite…

Locating, retaining, and employing effective expert witnesses can make or break a case.  As soon as it becomes evident a case will benefit from an expert witness, attorneys should start reaching out to colleagues looking for referrals.  It is rare…

  If you are using an expert in your case, you may or may not, be required to disclose the witness. However, the rules for disclosure of expert witnesses differ depending on the type of expert you elect to retain.…

When you are deposing the other side’s expert witness, preparation and consideration of strategy are essential components to success.  Areas of attack include: The integrity of the evidence A particular scientist’s work The conclusions of the scientist Competence of the…

If you have a case involving forensic science, it’s a good idea to hire a forensic expert witness. However, before you go out and hire the first forensic scientist you find in the relevant field, consider why you are hiring…

If you have a case involving expert witnesses or the potential for expert testimony, it is never too soon to consider challenging the opponent’s expert under Daubert.  There are both legal and strategic advantages to Daubert challenges. The Daubert Standard…