Tag: standard of care
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Business Valuation Expert Witness’ Assessment of Whether the CFO’s Actions Conformed with the Standard Conduct Rejected
A district judge in Florida limited the testimony of a Business Valuation Expert Witness because he did not identify how exactly the CFO breached his unidentified standard of care. This case arises out of Nextplat’s termination of its former Chief Financial Officer (“CFO”), Thomas Seifert. Nextplat contended in its Second Amended Complaint (among other things)…
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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 rejects Life Care Planning Expert Witness’ testimony concerning future medical expenses for surgical treatment and related care in underinsured motorist bad faith action
In an underinsured motorist (“UIM”) bad faith action stemming from a car accident, Todd Cope presented at the emergency room after his vehicle was rear-ended on November 6, 2013, citing complaints of occipital headache, pain behind his right eye, and cervical spine pain. Medical records at that time indicated no acute traumatic injuries to the…
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Experts are free to rely upon the opinions of other experts; Court limits the testimony of the Chiropractic Expert Witness on account of drawing impermissible conclusions
This case arises from a stroke allegedly caused by a chiropractic adjustment performed by Dr. Frederick Stinner. In February 2015, Justin Brutosky began experiencing chronic back, neck, and head pain. To treat these issues, he periodically saw Stinner, a chiropractor at Madison Avenue Chiropractic Center. From early 2015 to September 17, 2018, Stinner performed 39…
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Texas Court admits medical expert testimony in prenatal care medical malpractice case
Discover the intricacies of expert witness testimony admissibility in a medical malpractice case. Explore how qualifications, relevance, and reliability of experts play a pivotal role in legal proceedings. Delve into the Daubert standard and the key takeaways from a recent case involving medical experts in obstetrics, gynecology, and pediatrics.
