No matter what type of practice you have, you will likely encounter the use of expert witnesses. In many cases, the testimony of these witnesses is key to the case's outcome. This seminar will prepare you for the best means to effectively, ethically utilize the expert witnesses you may work with. You will hear practical information from attorneys with extensive expertise in proceedings related to expert witnesses. You will also learn information specific to the medical field from nurses who have worked closely with attorneys on expert witness proceedings, which will enhance your learning of working with medical expert witnesses, and will provide further insight into expert witness procedures in general.
Topics covered by experienced New Mexico attorneys will include:
- Expert Witness Roles
- Daubert/Kumho And Expert Admissibility
- Selection And Use Of Expert Witnesses
Topics covered by experienced registered nurses will include:
- Involvement Of Medical Expert Witnesses In Elder Care Issues
- Nurse Consultants And Experts: Necessary To Your Case Or Not?
- Expert Witness Input Into Medical Claims
9:00 a.m. - 10:00 a.m.
I. Expert Witness Roles
10:00 a.m. - 11:45 a.m. (Break 10:30 a.m. - 10:45 a.m.)
II. Daubert/Kumho And Expert Admissibility
1. Frye Decision
2. Federal Rules Of Evidence
3. Daubert – Joiner – Kumho
4. New Mexico Case Alberico And Banks
B. Tests (Rule 702)
C. Sample Cases
III. Selection And Use Of Expert Witnesses
A. Selection Of The Expert
C. Trial Considerations
11:45 a.m. - 12:00 p.m.
IV. Questions and Answers
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 4:15 p.m. (Break 2:30 p.m. - 2:45 p.m.)
V. Involvement Of Medical Expert Witnesses In Elder Care Issues
VI. Current Elder Care Practices And The Aging Process
A. Living Wills
B. The Normal Aging Process
C. Stages Of Death, Dying And Grief
VII. Nurse Consultants And Experts: Necessary To Your Case Or Not?
A. Is A Nurse Reviewer Or Expert Necessary? How Will This Benefit My Client?
1. Inner Workings Of A Healthcare Facility
2. Complex Medical Records
3. Medical Doctors Or Registered Nurses: Finding Your Medical Expert
B. Tampering With The Medical Record And Missing Records
VIII. Expert Witness Input Into A Medical Claim: The Example Of Decubitus Ulcers
IX. Expert Witness Input In Medical Claims
A. Listening To Your Expert
1. The Need To Have A Basic Understanding Of The Medical Merits Of The Case
2. Spend A Little Up Front To Avoid Heartache Later
3. Why Obtaining All The Medical Records Is So Important
4. Ensuring Your Expert Has An Understanding Of The Day-To-Day Care Needs Of Clients In Your Client's Position
B. How To Better Prepare Your Medical Experts
C. How To Allow For The Maximum Input
D. Why Utilize Multiple Experts
4:15 p.m. - 4:30 p.m.
X. Questions And Answers