The Expert Witness Podcast: Recent Episodes
David Smith
The expert witness can play a critical roll in lawsuits. This podcast will relate stories of the roles experts play in litigation, how they explained (or didn't) their points, and other interesting things that happen during the course of their engagement.
In this episode I sit down with Dr. Ediuska Laurens, who provides expert witness services on cases involving medical devices.
In the interview, we discuss various topics including how she was introduced to expert witness work, the barriers and obstacles to getting into the field, what she enjoys about the work, and how public speaking works with her expert witness services.
Building Strong Legal Cases: Emergency and Critical Care Medicine with Kenny Stein
In this episode, we feature Kenny Stein, a Physician/Expert Witness specializing in Emergency Medicine, Critical Care Medicine, Internal Medicine & Personal Injury. With sought-after expertise in medical malpractice/negligence cases, Kenny assists attorneys by leveraging his in-depth medical knowledge to guide them through complexities, offer valuable perspectives, and help build strong, well-informed legal strategies.
Expert Witness in Medicine
[0:59]
Kenny delves into his unexpected path to expert witness work, gaining insights from a medical education seminar. He underscores its dual benefits—self-protection and professional growth—emphasizing enhanced patient communication and documentation skills.
Navigating Obstacles in the Expert Witness Field
[03:48]
He emphasizes becoming a knowledgeable, professional, and ethical expert witness, citing resources like SEAK Experts. Stein highlights seminars such as "How to Bulletproof Your Practice" and "Ethical Professional Expert Witness" as crucial for understanding the medical-legal system. He underscores the importance of addressing patient communication and ethical considerations.
Emergency Medicine Expert Witness
[07:17]
Kenny focuses on emergency medicine cases in the ER and ICU, discussing critical scenarios like delays in EKG analysis leading to adverse events and defense cases involving nurse statements.
[08:46]
He stresses cases requiring a causation opinion, like pharmacy errors or accidents leading to additional medical problems. This highlights the diverse challenges an expert witness faces in emergency medicine.
Attorneys in Medical Negligence Cases
[15:00]
Kenny offers advice to attorneys entering medical-legal work, emphasizing the nuanced nature of the field and the need to understand jurisdiction-specific rules. He encourages collaboration with experienced professionals, learning court rules, and remaining open to expert opinions challenging initial perceptions.
[17:15]
He emphasizes the importance of acquiring comprehensive medical records and using OCR for efficient searches. Stein advises plaintiff's attorneys to identify the family's main objectives—financial compensation, recognition of wrongdoing, or closure. He recommends establishing a "safe word" in family discussions when needed.
Challenges in Medical Legal Cases
[27:24]
He discusses his approach when a case lacks merit, emphasizing upfront communication with attorneys. Stein advocates for setting clear expectations and providing an honest assessment within the initial three hours of review.
[29:03]
Stein highlights addressing disagreements on the standard of care or specialized cases by prioritizing transparency. He underscores the importance of updating opinions based on new information, fostering a collaborative and informed decision-making process between the expert witness and the attorney.
Advice from Kenny
[41:37]
Kenny advises first-time practitioners to secure an upfront retainer, conduct a thorough factual analysis, seek expert marketing services, and prioritize honesty and transparent communication.
[43:07]
In discussing effective testimony, Stein emphasizes that an expert's role is to explain, not persuade, and underscores the importance of supporting opinions with research or clinical experience.
For a full show transcript, go to: https://alpineeng.com/the-expert-witness-podcast-episode-11-interview-with-kenny-Stein-transcript/
Go to https://www.er-md.com/index.htm to learn more about Kenny and his work as an Expert Witness in Emergency Medicine, Critical Care, and Internal Medicine. Also, visit https://alpineeng.com/services-2/ to find an Engineering Expert Witness perfect for your needs.
You can also follow Kenny on his socials:
LinkedIn | Email
Crash Reconstruction and Forensic Engineering Insights with Torrey Roberts
In this episode, we're joined by Torrey Roberts, Principal Engineer and founder of Roberts Forensic, bringing over 15 years of expertise in crash reconstruction and forensic engineering. Today, Torrey shares essential insights to guide entrepreneurs through the complexities of forensic engineering and crash reconstruction.
Torrey’s Journey into Crash Reconstruction
[0:38]
Torrey entered crash reconstruction following a fortuitous accident, propelling his determined pursuit of an engineering firm position. His educational and career journey, marked by unexpected twists, led to the establishment of his forensic engineering firm.
[5:05]
Starting his crash reconstruction firm in Boise, Torrey overcame challenges, including the initial investment in equipment and software. He underscores gradual business growth through a marketing strategy focused on reputation-building and personal client connections.
Crash Reconstruction Cases
[6:13]
Torrey specializes in fatal accidents, swiftly collecting evidence, with a focus on heavy trucks, tractor-trailers, and motorcycles. He also handles vehicle-to-vehicle and pedestrian accidents to some extent.
[9:51]
Torrey handles cases primarily in Idaho and nearby regions, with occasional work in the Western United States and Midwest. He prefers local growth but recognizes the necessity to expand geographically with business growth.
[11:14]
Torrey relishes his expert witness work for the satisfaction of delving into a case, the challenge of unraveling its intricacies, and the joy of meticulously analyzing every aspect.
Maintaining Credibility
[13:24]
The value of long-term credibility and the responsibility to provide clients with an honest assessment of the situation so they can make informed decisions.
[15:27]
Torrey shares amusing trial and deposition stories: a wailing child in court and standing due to a recent vasectomy, creating unexpected atmospheres. These anecdotes offer a lighthearted glimpse into the unpredictability of legal proceedings.
[18:37]
Approach the case with expertise and an open mind. Torrey advises against forming hasty opinions, emphasizing the importance of thoroughly examining evidence before drawing conclusions.
[19:57]
Torrey emphasizes cases where initial assumptions differ from evidence, underscoring the importance of staying open-minded. He shares a recent case where a complete reset yielded a solution vastly different from initial assumptions, illustrating the complexity and unpredictability of forensic work.
Advice for New Experts
[23:51]
For an expert witness, credibility hinges on thorough consideration of all possibilities and genuine examination of evidence. Effective communication, particularly in simplifying complex concepts for a non-technical audience, is crucial for long-term success.
[28:33]
Torrey prioritizes reputation, quality work, effective communication, and personal connections for expert witness marketing.
[31:13]
Torrey reflects on the shift from design to expert witness work, highlighting its dynamic and evolving nature. He sees it as a constant source of learning and growth in both his life and business.
Visit https://robertsforensic.com/ for insights on accident reconstruction and forensic engineering for legal, insurance, and corporate needs.
Explore https://alpineeng.com/accident-investigation-expert-witness/ for expert support in litigation related to mechanical engineering accident reconstruction, defect identification, system safety analysis, and more to bolster legal cases involving accidents related to machinery and equipment.
For the full show transcription, visit: https://alpineeng.com/the-expert-witness-podcast-episode-10-interview-with-torrey-roberts-transcript/
You can connect with Torrey on LinkedIn
In this episode, David and Nigel discuss what it is like to be an expert in patent litigation suits, how to get started, and interesting aspects of the work. For more information on patent litigation, or expert witnesses for patent cases, please visit https://alpineeng.com/services/patent-expert-witness/
Welcome back to the Expert Witness Podcast. In this episode, we sit down with Marcor Plat who is a Civil/Structural engineer and expert witness. https://marcorforensicexpert.com/
To contact the Host, visit https://alpineeng.com/services/patent-expert-witness/
In this episode, we interview Fred Smith, President at Alpine Engineering & Design. His expertise as a consulting engineer had been sought out by other attorneys and law firms that wanted to utilize his expert witness services and engineering insights. Today, Fred guides legal professionals to navigate complex cases and confidently make informed decisions.
For a full transcript of this podcast, please visit: https://alpineeng.com/the-expert-witness-podcast-episode-7-interview-with-fred-smith-full-transcript/
Barriers to Expert Witness Career
[4:00]
Fred dealt with various barriers and obstacles when he started his career as an expert witness, and how he worked to overcome them.
Fred's First Expert Witness Case
[5:31]
Fred recounts the story of his first expert witness case, which involved a garbage truck accident. He shares how he used models and visual aids to present his case effectively during a bench trial.
[9:02]
Fred discusses the challenges of initially getting cases as an expert witness and how word of mouth and successful outcomes gradually led to a steady flow of cases in this part of his business.
Nationwide and International Reach Expert Work
[12:40]
Fred explains that while some of the engineering work at his company is local, his expertise takes him to cases nationwide and even around the world, although most of his testimony occurs within the United States.
[13:38]
Fred shares several aspects of his work that he enjoys, including the opportunity to help people on both sides of cases, collaborating with skilled attorneys and experts, conducting testing and experiments, and strategizing with attorneys to present his opinions effectively in various legal settings.
Viability, Trust, and Consistency
[16:40]
Gathering information about a case before accepting it, Fred highlights how sometimes it may seem one-sided, leading him to decline it.
[21:41]
Fred underscores the need for trust between experts and attorneys, emphasizing the importance of experts providing honest and consistent opinions. He mentions that honesty and consistency allow him to work effectively on defense and plaintiff cases.
Expert Witness Work
[25:07]
With trials' fluid and unpredictable nature, Fred emphasized that even though they try to plan them, trials can become dynamic due to unforeseen objections and circumstances.
[33:07]
Fred shares a lighthearted story about dressing appropriately for a case in Wyoming, where he adopted a more down-to-earth attire in contrast to the opposing counsel's flashy appearance. He highlights the importance of understanding the local culture and how it impacts a case.
Advice for New Experts
[38:05]
Honesty and consistency are qualities Fred thinks someone newly retained should have on their first case as an expert witness. He highlights how these qualities are essential for building a long-term career and maintaining credibility in the field.
[40:20]
Fred discusses the multifaceted nature of being a good expert witness, pointing out that experts need both technical knowledge and effective communication skills to be persuasive during depositions and trials.
Marketing Techniques for Experts
[43:36]
Doing a good job as an expert witness leads to repeat business and referrals through word of mouth. He highlights how attorneys often recommend reliable experts to their colleagues, leading to a steady stream of cases.
[46:11]
Fred discusses how adding expert witness work to his business offerings has enriched his life and improved his engineering skills. He mentions that this line of work has provided financial stability and synergy with his design work, benefiting both sides of his business.
Alpine Engineering is the host of this podcast. You can see their mechanical engineer expert witness services here
In this podcast we discussed Garbage Truck Expert Witnesses - to learn more visit:https://alpineeng.com/garbage-truck-expert-witness/
You can also follow Fred on LinkedIn
In this episode, we review a case where an expert made several unsupported and unsupportable claims, and how that ended up hurting not only the case but the experts credibility as well. For mechanical engineering expert witnesses, please contact the experts at Alpine Engineering and Design, Inc. www.alpineeng.com
In this episode, we talk about design safety reviews and their importance in the design process. Using a case with a garbage truck as an example, we talk about how a design safety review would have prevented the accident and how the operator would still have his hand.
For a free consultation on your case, please call Alpine Engineering and Design, Inc. www.alpineeng.com
Sometimes manufacturers do a good job with design safety reviews and specifying the limits of their products. Other times not so much. In this episode we talk about a time when the operator clearly made some mistakes (probably unintentionally) and ended up injuring himself. If you aren't sure what your risk profile on a case is, talk to an expert. There is a good chance they can see it more clearly and help you understand important considerations. If you are looking for a mechanical engineering expert, give is a call. www.alpineeng.com
Sometimes manufacturers make a great product. Other times, things were overlooked or ignored and unfortunate consequences result. In either case, manufacturers rarely admit that they made an error on their own. Discussing the case with an expert can help you determine whether the case is one you want to fight, one you really want to settle, or one that you don't even want to take. Making this choice correctly can help you save time, money and face. To speak with a mechanical engineering expert, check us out at www.alpineeng.com
This episode explains a little bit of my background, and relates the story of my first deposition - how it affected me and almost made me leave a job I love.