We recently posted a general overview of failure to warn cases, https://www.videntpartners.com/blog/2024/product-liability-%E2%80%93-failure-warn. That post concluded as follows: “These cases often involve complex medical and scientific concepts, so working with experienced experts is essential. Vident Partners has safety experts (which includes failure to warn) in a wide variety of fields.”
In Palsgraf v. Long Island R.R., 162 N.E. 99 (N.Y. 1928), which we all remember from our first-year torts class, Judge Benjamin Cardozo restated, in his uniquely pithy manner, the common law rule that whether a duty of care exists depends on the foreseeability of harm: “The risk reasonably to be perceived defines the duty to be obeyed, and risk imports relation; it is risk to another or to others within the range of apprehension. . . .
The plaintiff in a medical malpractice case engaged two experts, who were deposed in the course of discovery. The defendants filed a motion for summary judgment; the plaintiff submitted affidavits from the two experts in her opposition to the motion; and the defendants moved to strike the affidavits. The trial court granted the motion to strike and the motion for summary judgment because the affidavits included “information that is materially different from the deposition each affiant provided. There is no sufficient explanation for the change in testimony by either [expert], other than
Accountants play a key role in litigation by providing a range of specialized services that can support the legal process. Their expertise in financial matters allows them to offer insights and evidence that can significantly influence the outcome of a case. Here are several ways accountants can assist in litigation.
Neurology, the branch of medicine that deals with the diagnosis and treatment of disorders of the nervous system, encompasses many subspecialties, but there is no consensus as to what they are. The subspecialties recognized by the American Board of Psychiatry and Neurology, https://www.abms.org/board/american-board-of-psychiatry-neurology/#abpn-n, and the United Council for Neurologic Subspecialties,
Patents are governed by a unique, highly specialized body of law. Patent attorneys must pass a special patent bar exam and register with the U.S. Patent and Trademark Office, and patent appeals are handled almost exclusively by a specialized court, the U.S. Court of Appeals for the Federal Circuit. On top of that, “The U.S.
Radiology is the branch of medicine that uses imaging technology to diagnose (diagnostic radiology) and treat (interventional radiology) diseases and conditions.
Diagnostic radiology encompasses several subspecialties, each focusing on specific imaging techniques or areas of the body. Some common subspecialties include:
Neuroradiology: Neuroradiologists focus on imaging the brain, spinal cord, head and neck. They interpret images from techniques such as MRI, CT and angiography to diagnose conditions like strokes, tumors, cerebral trauma and degenerative diseases.
A forensic engineer is a professional who applies engineering principles and expertise to investigate and analyze a wide variety of incidents, accidents and failures. The goal of forensic engineering is to determine the root cause of an event, often for legal or insurance purposes. Forensic engineers may work on cases involving structural failures, industrial accidents, transportation accidents, product defects, fires, and many more.
The responsibilities of a forensic engineer include:
This case is interesting for three reasons: The plaintiff engaged the wrong kind of expert; despite that fact, the jury returned a plaintiff’s verdict, which was reversed on appeal; and the opinion provides a useful explanation, which I have not seen before, of what makes an expert’s opinion “speculative, conclusory, and without a proper evidentiary foundation.”
Human factors experts can play a valuable role in personal injury lawsuits by explaining how a wide variety of factors may have contributed to an injury-causing incident. Here are some ways a human factors expert can assist trial attorneys:
1. Incident Reconstruction: Human factors experts can analyze the circumstances surrounding the incident and reconstruct how the injury occurred. They may consider factors such as environmental conditions, user or driver behavior, and product or road design to determine if any design flaws or human errors played a role.
