Expert Work


Experts are persons with special knowledge, skill, experience, training and/or education that goes beyond the experience of ordinary members of the public. The role experts play will vary from case to case. Sometimes an expert will serve solely as a consultant to the lawyer, and remain in the background, without his or her name ever being known to the other side. At other times an expert will be used in the pre-trial stages, perhaps to give an affidavit supporting an element of the case, completing an assessment, exam, report, etc. In other cases the expert may serve solely as an expert witness at trial. Sometimes an expert will play a combination of these roles.

My expert work includes forensic work within which expert testimony, IMEs, personal injury evaluations, capacity evaluations, etc are used to determine testamentary capacity. I am regularly asked to complete medical file reviews, disability reviews, and peer reviews.

Highlights

  • Board Certified Clinical Neuropsychologist/Licensed Clinical Psychologist
  • 25+ years of experience providing psychological treatment and comprehensive neuropsychological assessments to indivduals w/ medical, mental, and physical conditions
  • Expert witness in personal injury trials
  • Currently in private practice
  • Published on traumatic brain injury, dementia, pratice issues, and neuropsychology
  • Experience in pediatric and adult medical and rehabilitation centers
  • Awarded Fellow Status by National Academy of Neuropsychology and American College of Professional Neuropsychology
  • Member of INS, APA, NAN, ASCH, Div. 40/42, ACPN

Specialties & Experience


General Specialties 

Neuropsychology and Psychology

Specialty Focus
Medico-Legal Evaluations, PTSD, Neuropsychological Assessment, Acquired Brain Injury, TBI, Stroke, Neurological Disorders, Chronic Pain, Neuro IMEs, Worker’s Compensation, Second Opinion, Capacity/Competency Evaluations, Testamentary Capacity, Dementia, Child/Adolescent/Geriatric Populations


Expert Categories

Behavioral Analysis, Child – Adolescent Psychology / Development, Clinical Psychology, Forensic Psychology, Health & Wellbeing, Health / Public Health, Hypnotherapy – Hypnosis, IME / DME Observations / Examinations, Medical Record Review, Medical Specialists, Mental and Behavioral Health Care/Disorders, Neuropsychology, Pain Management – Chronic Pain, Parent – Child Relations, Psychological Disability Evaluation, Psychology (General), Psychology: Social Development, Speakers – Seminars, Stress Management, Workers Compensation (HR)

Type of work experts and consultants perform

Lawyers tend to be generalists, not specialists in the specific field that may be at the heart of a case. Consider a lawyer determining whether to bring a medical malpractice case against a surgeon or a hospital and/or to launch a product defect case against a manufacturer of medical equipment after the death of a cardiac patient. The lawyer is not a cardiac expert, and would need to consult with experts in cardiac related medicine to review and understand the alternatives that were available for the proper treatment of the patient’s particular condition. For example given the range of available options in cardiac situations — such as dietary changes alone, drugs, angioplasty (with or without insertion of expanding tubes called “stents”) and open heart surgery – was the treating physician acting with the degree of knowledge and care that is called for? Was the medical equipment that was used properly manufactured, labeled and designed? Was the information the doctor disclosed to obtain the patient’s “consent” to operate sufficient? Experts help explain the situation and the then available alternatives to the lawyer.
 

Ultimately, if a case is not settled, there is a trial. Expert testimony is often presented to help persuade the judge, the jury or arbitrators.

Experts are often used by lawyers to evaluate a case and help determine whether a claim has merit, such as what caused an auto accident – driver carelessness, faulty brakes, a highway design defect, or something else. Other times experts will be used to evaluate the nature and extent of the damages sustained, the likely loss of earnings capacity and income a claimant has sustained, for use in settlement negotiations.
Experts are frequently used to test items of potential evidence – was the brake lining built to standards, or damaged by faulty installation? DNA experts test blood samples and reach conclusions as to whether it matches that of the defendant, or may have been “tainted”. Similarly DNA experts are regularly used in determining paternity.
Experts may conduct a series of experiments to prove, or disprove a point. For example in the 1995 O.J. Simpson case a series of experts conduct experiments trying to show a glove identical to that reportedly found behind Simpson’s guest house would or would not “shrink” if wet.
An expert may be used to help the lawyer build a case, or defend a case. For example, an expert may gather evidence to show that as an alternative to cardiac surgery, the use of one stent may have been justified but once it became apparent that multiple stents would be needed, open heart surgery was the proper alternative.
Experts are sometimes used to locate and recruit other experts who will testify at the trial. For example the expert who can best educate counsel may not be an attractive or available witness – s/he may stutter, or not have a degree from a prestigious school, or always work for plaintiffs and thus be “suspect” to the jury, or be unwilling to testify or be unavailable at the likely date of trial. The first expert may help find another expert – who would be a more attractive or impressive witness, perhaps because s/he has just written a paper on the subject, or holds a distinguished faculty position, or has never previously testified and would be a “fresh face”. In addition, sometimes the first expert can on a peer-to-peer basis motivate the second expert to participate, which the lawyer alone could not have done.
The expert may be called upon to prepare a report of her/his findings to be used in settlement negotiations or, in sworn affidavit form, to be used in connection with motions or other court proceedings prior to any trial.
Apart from introducing “real evidence” — which might consist of evidence from a crime or accident scene, such as blood stains – material called “demonstrative evidence” is often created specifically for trials to help demonstrate or explain matters. Among items of demonstrative evidence that may be created by or at the direction of experts are diagrams, maps, models and computer simulations that will help the jury understand one party’s contentions.