Forensic, General & Medical
Expert Witnesses

Articles by Expert Witnesses


Expert Witness Testimony on Similarity of Works in Copyright Infringement Claim

Provided by HG.org
Copyright infringement is a rampant crime in the age where technology rules over these matters, and the issues with copyrighted works being copied and distributed increases each year. However, the need for an expert witness arises when similar works are fashioned from the original that are similar enough to lead to infringement claims against the author.
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Medical Expert Witnesses in Death Penalty Cases

Provided by HG.org
Medical expert witnesses are often hired and used for various cases in prosecution and defense alike, and these professionals are able to explain various pieces of evidence. Through an understanding of the subject matter, these individuals are capable of explaining things to the jury or judge that were confusing or misunderstood previously.

When You Need a Medical Expert Witness

Provided by HG.org
Medical expert witnesses are hired for a variety of reasons, but their most often used expertise is to explain medical treatment procedures and processes for a case where someone has been injured. Professionals in the medical world provide services to a courtroom by explaining how an injury occurred and why it is so important to obtain compensation.

Florida’s Law in Disqualifying Expert Witnesses in Medical Malpractice Cases

Provided by HG.org
Before a medical malpractice case may proceed in the courts of law in Florida, the state has a requirement of an opinion being obtained by a qualified medical expert to explain that the claim has merit. If those in the case do not follow the correct procedure, the expert witness could be disqualified, and the case may be thrown out.

Use of Force Expert Witnesses Testify in Police Brutality Cases

Provided by HG.org
Police brutality cases are often experienced when officers are not trained properly, have been subjected to pressure or abuse in their lives or have certain views such as racism or sexism. When these incidents occur, it is generally important to hire an expert witness that is able to explain why they actions occur and how the victim needs compensation to recover.

Understanding the Five Daubert Factors when Dealing with Expert Witnesses

Provided by HG.org
Expert witnesses are hired to provide an understanding of various pieces of evidence for a case, but they must have reliable methods and testimony must be relevant to the case materials. However, there are five factors that could lead to a challenge that removes the expert’s testimony reliant upon Daubert standards for these professionals.

Expert Witnesses Testify about Gastric Balloons

Provided by HG.org
Injuries due to gastric balloons are still being researched due to this newer alternative for weight loss, and because it is still a surgery, internal damage is still likely outcome. When an individual is seeking compensation for incidents with gastric surgery, he or she may require the services of an expert witness that has performed these surgeries or understands the medical procedure.

Expert Witness: Assessing Liability in Horseback Riding Fall Cases

Provided by HG.org
When someone has fallen from a horse while riding, the incident could have occurred due to improperly maintained equipment, inappropriate training of the animal or through a similar issue. When a claim for the injury arises, an expert witness is often necessary to explain and assess liability so that compensation claims are possible and understood better.

Disqualifying an Expert Witness Due to Bias

Provided by HG.org
Expert witnesses are hired to provide details, remove confusion or connect certain evidence and persons to the incident where someone has been wronged or injured. However, sometimes these professionals are disqualified because they have bias with the other party, a conflict of interest or a bias with the case itself.

Possible Actions for Expert Witnesses on Equifax Data Breach

Provided by HG.org
The Equifax data breach caused several million individuals complications when private information was released online to various locations with free access. However, with the rise of private and class action lawsuits against the company, experts have been hired en masse to assist with these issues and explain why certain evidence corresponds to actions and behavior.

Expert Witness on Opioid Lawsuits

Provided by HG.org
Opioid usage, abuse and prescription issues have become such a problem that some persons are addicted and may become injured through use and abuse. Because these drugs are both used in the medical world and through illegal personal purchase, many are harmed when the drugs are not consumed properly.

How to Handle Expert Witness Billing and Retainer Agreements

Provided by HG.org
Agreements are often difficult to handle without the use of a lawyer or other professional to make the paperwork understandable and easier to comprehend. However, billing and retainer agreements have other terms, conditions and stipulations that may require a greater degree of detail and descriptions for those that are not experts in these matters.

How to Effectively Depose an Economic Expert Witness

Provided by HG.org
Economic expert witnesses may be relied upon in a variety of cases. They may help determine the amount of damages that an architectural defect caused, how much income a personal injury victim will suffer because of the injury or devise the lost expected business revenue due to a breach of contract, among many other tasks. For one side to effectively depose the opponent’s economic expert, he or she should consider doing the following,:

The Many Ways a Legal Nurse Consultant Can Serve as an Expert Witness

Provided by HG.org
A legal nurse consultant can help in litigation by serving as an expert witness. In this context, the legal nurse consultant can help analyze and explain information to the jury or trier of fact. Because of their important role, many law firms have a legal nurse consultant on their team. Others may choose to retain the services of a legal nurse consultant on an as-needed basis.

Best Practices to Prepare a Forensic Engineering Expert Report

Provided by HG.org
Forensic engineering projects often lead to litigation as parties try to avoid being liable for damages when confronted with technical allegations. An engineering expert witness may prepare a forensic engineering expert report after he or she completes an investigation. This report may be shared with interested parties after its completion.

Texas Pension Reform Results in Higher Credit Rating

The State of Texas tackled pension plan reform for many of the Lone Star state’s first responders and municipal workers when Governor Greg Abbott signed H.B. 3158 into law on May 31, 2017. The recently passed legislation provides long-term funding relief for separate municipal pension plans sponsored by both the cities of Dallas and Houston.

Construction Expert Witness Explains How to Reduce Risk at Commercial Properties

Provided by HG.org
When a construction expert witness is hired for a case, it is to explain various aspects of the building, materials, persons involved and what risks exist with these processes. To utilize a construction expert properly, the lawyer may have him or her detail what may reduce these dangers for the commercial property in question.

Biomechanical Expert Witnesses Used to Support Prosecution in Criminal Cases

Provided by HG.org
When the prosecution requires the assistance of an expert witness, one is hired that may provide reliable and relevant testimony for the subject matter. A biomechanical expert witness utilizes scientific methods to determine causation in the crime and may explain to the courtroom how this relates to the actions of the defendant.

Expert Witness on Failure to Supervise Principles

Provided by HG.org
The failure of supervision in upholding certain professional principles is an important aspect that may require more research and management. An expert witness’ testimony may assist the case when these principles are the subject of a license or professional review where the person affected could lose his or her ability to retain his or her career.

Using a Transactional Law Expert Witness to Get Ahead in Litigation

Provided by HG.org
Transactional law experts may be utilized for litigation through disputes, class actions with securities, intellectual property violations and family law through a variety of documents and interactions between parties. Those with a strong background in the field of disputes and similar matters may be experts in transactional law cases.

Expert Witnesses Used in Police Shooting Cases

Provided by HG.org
Police shootings could involve innocent bystanders, criminals or those accused of illegal acts, and proving that the injuries sustained were unnecessary could contain complications. Expert witnesses are hired by a lawyer to help with certain pieces of evidence, police procedure and various other interactions the judge or jury is not aware of with law enforcement.

Do Your Expert Witness Reports and Testimony Comply with 2015 Amendments to C.R.C.P. 26 and 37?

The employ of expert witnesses in litigation is typically undertaken to help the decider of fact (judge or jury) decipher an area of specialized knowledge which is key to the case. The expert report serves the primary purpose of “educating” deciders of fact on topics not commonly known to the general public.

Biomechanics Expert Witness in Slip and Fall Cases

Provided by HG.org
A biomechanics expert may be needed when there is a slip and fall case to determine various factors related to the body, anatomy and how the human body has been harmed through these incidents. If the accident occurred at work, there are additional elements that may be involved such as negligence or intentional harm.

Construction Expert Witnesses Explain Why Balconies Collapse

Provided by HG.org
Balcony collapses often lead to severe injuries or death when someone is on the ledge when the accident occurs. With the help of a construction expert witness, it may be possible to discover why this incident happened and if there is a liable party.

Psychiatric Expert Witness on Capacity Issues

Provided by HG.org
When making a will, it is important for the estate owner to have a sound mind so that the document has less chances of being challenged on this basis. For these processes, a psychiatric expert witness is necessary to explain how the person was of sound mind before death when drafting the will or last testament.

Using a Forensic Scientist as an Expert Witness

Provided by HG.org
Forensic science is useful when criminal or civil court cases arise from various complications. With the assistance of a forensic scientist expert witness, it may be possible to determine multiple factors, who is liable for damages and what occurred during the incident.

Using a Journalism Expert Witness in Civil Cases

Provided by HG.org
Journalism expert witnesses are hired when there are certain complications with the freedom of speech or when more information is needed in a case. These professionals have experience in investigations, due diligence with reporters and geographical systems which may be applied to a claim.

Expert Witness Explains Baby Powder Risks

Provided by HG.org
Baby powder use harms children and women when inhaled directly or while being topically patted in place. The minute particles lodge inside the lungs and may cause cancer to those that inhale or ingest the dust from this product.

Expert Witness Explains Modern Police Practices in Civil Litigation

Provided by HG.org
Police practices come under scrutiny when arrests are made. When the activity may require more force than usual, injury occurs or an action goes against what has been perceived as the law, civil litigation may be the end result and an expert witness may be needed to explain these practices to the court.

Expert Witness Explains Defective Brakes and Product Liability Standards

Provided by HG.org
Defective brakes and other machine malfunctions within vehicles is serious for drivers and passengers. When injury or death is the result of these complications, it is important to hire an expert witness that is able to explain the standards for product liability and why these incidents are important in the courtroom.

Advanced Expert Witness Legal Strategy Techniques

Provided by HG.org
Hiring an expert witness is necessary for many cases where evidence needs to be explained, to connect the proof gathered to one or the other party and in detailing certain factors of the case to the judge or jury.

401(k) Pension Litigation Draws Wins and Losses

Lawsuits over 401(k) fees have increased since 2016, according to recent news reports. As a result of the claims alleged in these ERISA litigation matters,several retirement industry practices have come under scrutiny and criticism.

Underfunded Police Pensions Strain U.S. Cities

The financial burdens presented by police pension plans are drawing national attention. Municipal retirement funds for police and firefighters have set aside only a median 71 cents for every dollar needed to cover future liabilities, according to a recent Wall Street Journal article titled “Police Pensions Put Cities in Bind.” Nationwide, police pension plans are reportedly underfunded by more than $80 billion.

Strong Thesis Leads to Clear-Cut Opinion in John Steinbeck Estate Trial

Provided by: Kathryn Arnold
Serving as an expert on the John Steinbeck Estate trial (Waverly Scott Kaffaga, as Executor of the Estate of Elaine Anderson Steinbeck, Plaintiff, vs. Thomas Steinbeck, Gail Knight Steinbeck and The Palladin Group, Inc. Case No. 14-CV-08699 TJH FFMx) this past year was both complicated and clear-cut.

Residential v. Commercial Fall Protect - Case Examples

Two serious construction accidents cause serious injury to construction workers. In one case, the worker was wearing a safety harness but was not "tied off", causing serious injury. In another case, the injury was caused because the worker WAS "tied off".

Most Important Qualities of a Human Factors Expert Witness

Provided by HG.org
A human factors expert witness is someone hired to assist with cases where there is a need to understand the awareness, attention and disruption, learning and recollection, fatigue, and hazard perceptions of one or more individuals. Through this professionals’ insight, it may be possible to understand the motives and reasons for the crimes or injury caused.

Importance of Using a Medical Oncology and Hematology Expert Witness

Provided by HG.org
When someone has contracted cancer or has a blood disorder, he or she may be victim of a medical malpractice claim. This usually means that an expert in these matters needs to be hired to assist with evidence, medical procedures, processes and treatment as well as to assist in understanding how the injuries or further healthcare issues may have occurred.

Legal Strategy: Tips in Producing Courtroom Videos

Simple tips on how you can produce effective courtroom videos that will be beneficial to your cases.

Vertebrae Injuries that Occur During Newborn Delivery Explained by Expert Witness

Provided by HG.org
Medical malpractice often needs the assistance of an expert witness due to the complexities and medical procedures that occur during surgery and other processes. When the vertebra is damaged during a newborn delivery, someone with a healthcare background should be hired to assist with the investigation and understanding of evidence.

Medical Expert Witness Explains What Lawyers Must Understand about Informed Consent

Provided by HG.org
It is often necessary to hire an expert witness so that the judge or jury is able to understand certain aspects of a case or the evidence connected to it. However, some may become part of the proceedings so that certain persons are made aware of elements such as informed consent which requires more than simply obtaining permission for something specific.

Expert Witness on Whether Claimant is Malingering

Provided by HG.org
When an expert witness is hired, he or she is usually part of the proceedings to prove or explain some aspect of the case that others are unable to comprehend. When a claimant may be malingering, the expert could prove this is true or false based on the factors surrounding the claim.

Expert Witness Explains Damages Associated with Scars

Provided by HG.org
Scar tissue has the potential to cause problems for someone when he or she must undergo surgery, after a procedure has been completed and at other times when healthcare processes are necessary. When damage has been caused or sustained due to scar and scar tissue, it often takes an expert witness to explain this to the judge or jury.

Criminology Expert Witness Explains Application of Forensic Sociology in Civil Cases

Provided by HG.org
Cases that involve the need for forensic sociology usually have various applications, processes and methods derived from the hired criminology expert witness. Understanding these and how they are needed for civil litigation is necessary for a lawyer to research the experts available and pick the proper one for his or her case.

Automotive Expert Witness Explains Problems that Should Not be Overlooked

Provided by HG.org
When an incident occurs with vehicles on the road, in traffic or while the person is driving, he or she may not be at fault. There are many problems that could exist that may require the assistance of an automotive expert witness who is hired to explain which issues should not be overlooked.

Understanding Deleted Files and What They Mean

Attorneys who need to read and understand reports by computer forensics professionals and/or who need to present recovered files as evidence should understand how files are stored on computers and mobile devices, what happens when they are deleted, how they can be recovered, and know the limits on file recovery.

Expert Witness Explains Complications Involved in Kidney Stone Surgery

Provided by HG.org
Medical procedures are fraught with difficulty even in the best circumstances. This means an expert witness should be hired to explain these matters and how they affect the victim of healthcare procedures for compensation, resolution to injury and moving forward from the incident.

Expert Witness Describes Best Practices when Designing a Warning Label

Provided by HG.org
Warning labels are crucial for understanding the limits and restrictions of how products and items may be used. Without these items, someone could be injured, and this makes an expert witness important to cases so they are able to explain how the best practices exist and why these are imperative when designing and using warning labels.

Differentiating between Different Types of Nurses to Select an Expert Witness

Provided by HG.org
When choosing to hire an expert witness, the lawyer needs to evaluate the case and determine what type of nurse is needed based on the subject matter, the specifics and the evidence presented. This means a different nurse may be required for different claims and situations.

What Factors Influence Jurors when Evaluating the Testimony of Expert Witnesses

Provided by HG.org
Expert Witness testimony usually has a steep basis in fact, method and process with scientific data and other evidence as a foundation. This may influence how the jurors evaluate the testimony, but other factors may exist that alter their perceptions.

How to Work with a Construction Expert Witness in Complex Litigation

Provided by HG.org
Expert witness selection is important for cases with complex litigation. For this, it is often imperative to hire someone specialized in the field of study or subject in the courtroom, and this may provide a better chance at success when testimony assists the plaintiff in seeking compensation.


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