In Anesthesiology Litigation: Note What Is Documented Then Look for What Isn’t
How I dispel weak anesthesia malpractice defenses.
The Number One Defense for an Expert Witness Is an Ethical Duty to Honesty
𝗧𝗵𝗲 𝗺𝗼𝘀𝘁 𝗰𝗼𝗺𝗺𝗼𝗻 𝗺𝗶𝘀𝘁𝗮𝗸𝗲 𝙣𝙚𝙬 𝗲𝘅𝗽𝗲𝗿𝘁 𝘄𝗶𝘁𝗻𝗲𝘀𝘀𝗲𝘀 𝗺𝗮𝗸𝗲 𝗶𝘀 𝘀𝗶𝗺𝗽𝗹𝘆 𝗮𝗴𝗿𝗲𝗲𝗶𝗻𝗴 𝘄𝗶𝘁𝗵 𝘁𝗵𝗲𝗶𝗿 𝗿𝗲𝘁𝗮𝗶𝗻𝗶𝗻𝗴 𝗮𝘁𝘁𝗼𝗿𝗻𝗲𝘆.
LinkedIn Is Full of Connected Lurkers
𝗬𝗼𝘂 𝗱𝗼𝗻'𝘁 𝗸𝗻𝗼𝘄 𝘄𝗵𝗼 𝗶𝘀 𝗹𝘂𝗿𝗸𝗶𝗻𝗴 𝗼𝗻 𝗟𝗶𝗻𝗸𝗲𝗱𝗜𝗻 - this has never been more evident than it is now. LinkedIn is an 𝙚𝙭𝙘𝙚𝙡𝙡𝙚𝙣𝙩 networking platform. On here, I network with other expert witnesses. They refer me when an attorney inquires and I refer them when an attorney inquires.
How to Sabotage a Case as an Expert: Donʻt Follow Attorney Instructions
Iʻve been retained as an expert witness in 28 states and here's how I prevent torpedoing the client's case.
How to Be Un-Retainable: Behave Like Dr. Troll
Not every interaction has to be transactional but many act this way to their detriment. My takeaway from 3 years in this space: network, be friendly, pay it forward, go that extra mile, and provide added value.
How to Pass an Unethical Test Is to Do the Best With What's Given
Medical malpractice case reviews take a long time because the medical records are voluminous but you still have to comb through them all.
Are the Complete Medical Records Truly Complete?
Medical malpractice litigation requires precision but to be precise, there must be transparency. This is called the discovery process and it is frequently corrupted.
How to Gain the Litigation Advantage? Possess a Killer Report
At depositions, I am perpetually on defense I get asked a question. I answer a question but few opportunities exist to speak to critical issues and shape the narrative - especially if the deposing attorney steers the conversation away from the medicine in question.
An Underrated Trial Strategy
Counsel told me to arrive at the courthouse at 9am but I wasn’t called to the stand until 3 pm. It was one lonely wait out there.
What the Best AI Post Creator: There Are None
In-Mail message: "David, I love your stuff. What GPT prompts do you use? Whose your ghost?" ... I replied: Huh?
How to Never Be Retained Again: Add to Someone's Workload
Hopw to stand out from the expert witness competition? Do your job so well it doesn't become someone else's. My standard engagement process is simple: 1. Litigation Consult 2. A Retainer is Received 3. Medical Records are Reviewed 4. A Phone call or Zoom Meeting is held
There Are Minor Surgeries but There Are No Minor Anesthetics
Anesthesia medical malpractice litigation is different. Often it's about what wasn't done … than what was.
How to Reason With the Un-Reasonable
In the end no amount of bullying, anger, pleading, or pressure could change that there were no breaches and I held my ground. It was either that ... or go along and get my reputation and expertise destroyed at deposition or trial.
How a Medical Expert Witness Avoids Retention Bias
Every medical malpractice attorney is initially "treated" to a one-sided account (then the real work begins).
Can I Retain an AI Bot to Chat With Another AI Bot
Whatʻs with the randomly chatty In-Mail messages?
Merry Christmas Opposing Counsel
Merry Christmas Opposing Counsel. Cheers to “Objection: Forum. You may answer.”
The Art of the Explanation Makes or Breaks a Case
My retaining attorney squinted. He was unconvinced. They placed 3 IVs!
How to Handle Troll Hate: Don’t Delete Block
Roughly once or twice a month, things get personal — or at least, that is the sender's desired effect but I really donʻt feel that way.
The Top 3 Deposition Rules for Expert Witnesses
My 3 expert witness deposition rules to live by. Screw up #2 and see your engagements plummet!
How to Weaponize Silence to Establish Authority
The #1 disrupter in depositions and at trial: Silence. Use it to re-establish authority.