News & Analysis as of

Expert Witness Standard of Care Expert Testimony

Bricker Graydon LLP

Expert Competency Rule Change Reverses Effects of Johnson v. Abdullah

Bricker Graydon LLP on

To succeed in meeting their evidentiary burden for a medical malpractice claim, a plaintiff must prove a breach of the standard of care, causation, and damages through expert testimony. See Bruni v. Tatsumi, 46 Ohio St.2d...more

Buckingham, Doolittle & Burroughs, LLC

Legal Pulse: “Active Clinical Practice” Requirements Heightened for Expert Witnesses

A seminal issue in many medical malpractice cases involves qualified expert opinions. Under Ohio law, obtaining such experts is a threshold matter for any medical claim;[1] notable legal safeguards exist to ensure that these...more

Hinshaw & Culbertson - Health Care

Emergency Physician Not Qualified to Opine on Psychiatric Standard of Care: Hinshaw's Annual Guide to Key Illinois Medical...

Can an emergency medicine physician offer expert opinions about the standard of care for psychiatric evaluation in drug overdose cases? Fara Biundo, as Special Administrator of the Estate of Zenah S. Muhdi, Deceased v....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Products Liability Series: Does Arkansas Law Require an Expert Witness?

Does Arkansas products liability law require an expert witness? Technically, the answer is “it depends.” But for a plaintiff to make a claim in a products case, the answer is almost always “yes.”...more

Snell & Wilmer

That’s Common Knowledge! Failure to Designate an Expert Witness in a Professional Negligence Case is Not Fatal Where “Common...

Snell & Wilmer on

In reversing summary judgment for defendants, the California Fourth District Court of Appeal recently held that homeowners suing their real estate broker for negligence did not need an expert witness to establish the elements...more

Hinshaw & Culbertson LLP

Sixth Circuit Affirms that Expert Testimony is Necessary to Establish Attorney's Standard of Care and Breach

EQT Production Company v. Dale Phillips, 2019 U.S. App. LEXIS 9229 (6th Cir. 2019) - Brief Summary - The Sixth Circuit became the latest court to affirm the idea that expert witness testimony is generally required to...more

Esquire Deposition Solutions, LLC

Tips for Medical Malpractice Litigation

Winning a medical malpractice lawsuit has many different variables that need to be proven. Medical malpractice happens when a health care professional, doctor, or hospital, through a negligent act or omission, causes injury...more

Husch Blackwell LLP

Missouri’s Recent Take On The Cumulative Expert Standard

Husch Blackwell LLP on

Recently, the Missouri Supreme Court in Shallow v. Follwell affirmed its permissive view of cumulative standard for experts. No. SC 96901 (Mo. Sept. 11, 2018). Put simply, a Missouri court will not exclude multiple experts...more

Haight Brown & Bonesteel LLP

Plaintiff’s Expert Physician Deemed Not Competent to Testify as to the Standard of Care Applicable to Hospitals

In Lattimore v. Dickey (2015 S.O.S. 4448 – filed August 21, 2015), the California Court of Appeal for the Sixth District held that plaintiff’s expert physician’s declaration was insufficient to create a triable issue of...more

9 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide