Category: Nursing Expert Witness
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Nursing Expert Witness’ Opinions on the Propriety of Treatment Recommendations Admitted
This matter stems from a motor vehicle accident that occurred on May 21, 2023 when the vehicle driven by Plaintiff, Juwan Brown, and occupied by his parents, Clarence and Tawanna Brown, was struck by a commercial vehicle driven by Dashawn Brooks. The commercial vehicle was owned by Penske Truck Leasing Co. and leased by Defendant…
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Pulmonary Disease Expert Witness’ Opinions on the Reliability of the DOH Investigations are Barred
Plaintiff Lori LaRock filed a medical malpractice and negligence against Albany County Nursing Home (“ACNH”), the County of Albany, Larry Slatky, Debbie Gossman, Rhonda Lyga, and John and Jane Does #1-5 (collectively “Defendants”). Plaintiff asserted that she and her family often found Sanford unfed, unbathed, ungroomed, and covered in his own urine and vomit. On…
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Social Work Expert Witness’ Testimony Explaining the Dynamics of Domestic Violence Admitted
Defendant Michael Johnson is charged with the following: unlawful imprisonment, assault of a domestic partner by strangulation and suffocation, interstate domestic violence, witness tampering, and assault. Johnson claimed that the Government has not filed a notice to call Holly Rosen, provided her curriculum vitae, a statement of her expected testimony, or the basis and methodology…
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Nursing Expert Witness’ Testimony About the Preventability of Suicides Admitted
In February 2019, Jose Banda Pichardo (“Pichardo”) died by suicide while in custody at the Imperial County Sheriff’s Department Regional Adult Detention Facility (“ICRADF”). California Forensic Medical Group is a medical provider that contracted with Imperial County to provide medical and mental health care to inmates at ICRADF. Pichardo’s parents, Jose Trejo and Susana Banda,…
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Nursing Expert Witness Fails to Establish Breach of Duty of Care
A district judge in Kansas barred an expert physician and nurse from testifying about the Defendants’ deviation from the requisite standard of care. Facts: On April 9, 2021, Smoky Hill admitted Arlen Dority, age 82, after a fall at his home on April 6, 2021 and a decline in his ability to care for himself.…
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Court Partly Admits Nursing Expert Witness’ Assertion that the Nursing Care was Substandard
A district judge in Washington ruled that the testimony advanced by an expert on nursing practice was relevant to the Plaintiff’s argument that Chelan County Regional Justice Center’s medical care of inmates is substandard. Facts of the Case: Defendant Chelan County Regional Justice Center (“CCRJC”) accepted Blair Nelson into its jail on November 21, 2020.…
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Disagreement among experts regarding methodology does not necessitate exclusion under Daubert; Nursing expert witness testimony on adequate staffing levels survives challenge
This case involved a putative class action lawsuit brought by Plaintiff Gail Parrish against Defendant Gordon Lane Healthcare, LLC (Gordon Lane), which operated a long-term skilled nursing facility where Parrish resided. Parrish, by and through his daughter and successor in interest, Monica Parrish, alleged that Gordon Lane failed to adequately staff the facility in violation…
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South Carolina Court of Appeals affirms admission of nursing expert witness testimony
On October 25, 2014, a five-week-old child, Robert Lee M., Jr. (Minor), was admitted to Regional Medical Center (“Regional”) for a high fever. Jamie Downing worked at Regional as a nurse and treated Minor during his hospital stay. Medical personnel at Regional did not initially know the cause of Minor’s fever but on the day…
