Medical Experts and Expert Witnesses: Preparing, questioning, deposing, and trial tactics for direct and cross-examination

Mark S. Kardos
Francis J. Scahill
Robert Jossen
Barbara Barron
Mark S. Kardos | Kardos & Goch
Francis J. Scahill | Scahill Law Group P.C.
Robert Jossen | Robert Jossen P.C.
Barbara Barron | Barbara Barron MS CCC SLP
Live Video-Broadcast: October 27, 2022
Medical Experts and Expert Witnesses: Preparing, questioning, deposing, and trial tactics for direct and cross-examination

$245.00 4 hour CLE

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Program Summary

Session I – Questioning of Medical Experts, direct and cross examination: Deposition and Trial Testimony – Mark S. Kardos

This session would involve the questioning of medical experts, direct and cross exam, and will cover both deposition, and trial testimony. It will include relevant law regarding admissibility of opinions, and examples and reports from actual cases.

Key topics to be discussed:

  • Cross examining defense neuropsychologists in traumatic brain damage cases
  • Rules of discovery pertaining to limiting expert testimony to the content of their reports
  • Neuroradiologist testimony regarding interpretation of MRIs and opinions relating to herniated disks
  • Testimony of neurologists and physiatrists regarding EMG testing

Session II – Trial tactics for direct and cross-examination of medical expert witnesses – Francis J. Scahill

Frank Scahill, a 38 year veteran trial attorney, will discuss trial tactics for direct and cross-examination of medical expert witnesses. Mr. Scahill has tried several hundred cases over his career in the Courts of the State of New York with over 100 defense verdicts on high exposure damages trials. This seminar will discuss strategies for cross-examination and direct testimony of medical expert witnesses, including the use of medical records and demonstrative evidence at trial; the development of a ‘causation’ defense; the use of collateral attack; and the effective use of prior testimony by the medical expert.

Mr. Scahill has, throughout his career, cross examined neurosurgeons, orthopedic spinal surgeons, traumatic brain injury specialists, pain management physicians, life care planners, and vocational rehabilitation experts. He will share what has proven effective during the course of the many trials he has conducted as well as current trends on Post Covid Trials.

Key topics to be discussed:

  • Collateral attack of opposing witnesses
  • Use of Medical records
  • Demonstrative Evidence
  • Causation issues
  • Use Prior Court testimony of Expert Witness
  • Strategies for Cross-examination and Direct testimony
  • Post Covid Trials

Session III – How to Prepare an Expert Witness for the Deposition Experience – Robert J. Jossen, and Barbara Barron

This session, taught by Robert J. Jossen, a Fellow in the American College of Trial Lawyers and a well-recognized teacher in trial advocacy, and Barbara Barron, MS CCC SLP, a highly regarded voice and speech pathologist with a private practice in New York concentrating in Voice training for Professional Speakers, presents unique training on the preparation of witnesses for depositions. The instructors combine their separate skills in different professional areas to provide a multi-faceted approach to witness preparation, especially for expert witnesses. The course will explore the strategy and techniques for preparing witnesses as well as voice and relaxation training of a witness to maximize success at a deposition.

Among other topics, the course will cover: what steps should be taken to prepare the witness for the deposition experience; how does a practitioner help the witness to be at ease, to answer questions clearly and with confidence; how does the practitioner improve his/her own ability to speak effectively on behalf of a client at the deposition; what are the ethical limitations in the preparation of a witness for deposition, especially an expert witness.

This program is designed to benefit litigation attorneys at any level of experience but will be especially helpful for those whose practice includes significant deposition work.

Key topics to be discussed:

  • Identify and achieve objectives for effective preparation of expert witnesses for deposition
  • What are the strategic considerations in expert witness preparation?
  • Use voice control and exercises to assure comfortable, confident physical presence for witnesses, especially those who are not accustomed to the pressure of a deposition setting

Date / Time: October 27, 2022

  • 12:00 pm – 4:30 pm Eastern
  • 11:00 am – 3:30 pm Central
  • 10:00 am – 2:30 pm Mountain
  • 9:00 am – 1:30 pm Pacific

 

Closed-captioning available

Speakers

Mark-S.-Kardos_Kardos-&-Goch_myLawCLEMark S. Kardos | Kardos & Goch

Mark S. Kardos practices in the areas of Personal Injury law. He has practiced exclusively in this field for 42 years. In the first 14 years of practice, he was retained by insurance companies. Since 1990 he has only represented Plaintiffs.

Mr. Kardos has been selected by lawyers to act as a Mediator, Arbitration Chairman, or sole arbitrator in over 2,300 cases. The cases include uninsured/underinsured motorist arbitrations as well as cases removed from Common Pleas Court and into a binding ADR. At the present time, Mark presides over cases approximately three times per week. Mark serves as a Judge Pro Tem for the Philadelphia Court of Commons Pleas.

Mark has a Martindale-Hubbell Legal Ability Rating of “A” (very high to preeminent), the highest evaluation offered. His General Ethical Standards Rating is “V” (Very High).

Mr. Kardos has litigated over 100 cases to trial and verdict. Many of the verdicts have been reported in newspapers and law journals, including “The Pennsylvania Jury Reporter” and “The Verdict” (The publication of the Philadelphia Trial Lawyers Association).

Mr. Kardos was an Adjunct Professor of Business Law and Real Estate at Temple University for 12 years. He also taught at Bucks County Community College for three years.

 

Francis-J.-Scahill_Scahill-Law-Group-P.C_myLawCLEFrancis J. Scahill | Scahill Law Group P.C.

As Managing Partner, Francis J Scahill, Esq. ensures the firm’s commitment to the Golden Rule – responsiveness to clients. And the result has been long-standing relationships – in some cases for decades – with many clients.

His philosophy is an outgrowth of his background. A child of Irish immigrants, he was raised with the values of hard work and education. His parents struggled to build a life in the US and as a first-generation American, Frank felt a responsibility to succeed and live up to his parents’ and the American dream. He grew up in Rockaway Beach and attended Fordham and St. John’s University. He is an active alumnus of St. John’s and each year the firm offers intern positions to law school students.

Within the firm, Frank fosters an environment where everyone feels like part of a family. He demands hard work and dedication to client service, but also encourages staff to work together and help each other. The importance of building strong relationships is evident in how the firm was formed and how it successfully grew from 2 attorneys to 55 attorneys and 100+ professionals. After law school, Frank was Law Clerk to the Honorable John A. Milano in New York City Civil Court. The judge became a mentor and life-long friend and many years later joined the firm as counsel.

Frank’s chief role as Managing Partner is overseeing litigation strategy for the firm. He is an accomplished trial lawyer with more than 100 trial wins; the majority with $1 million or more at risk. He draws on his substantial experience and insights to get results for clients.

Part of Frank’s own service to clients is authoring the firm’s highly-regarded newsletter “iNews.” Each month, he discusses decisions of note affecting the insurance defense industry and shares his own personal trial techniques under “Trial Tips.” He also regularly conducts in-house educational seminars for insurance carriers.

Pro bono is part of the culture of the firm. Frank believes in giving back and offers the firm’s legal services pro bono to the US Marine Garrison in Garden City and the US Army Garrison at Fort Hamilton in Brooklyn.

Frank is most proud of his 4 children, all of whom have forged successful careers. Two of them are attorneys employed as prosecutors and the other two are teachers.

 

Robert-Jossen_Robert-Jossen-P.C_myLawCLERobert Jossen | Robert Jossen P.C.

For over 40 years, Robert J. Jossen, the principal of Robert Jossen, PC, has been a seasoned trial lawyer and litigation attorney, with experience in many different types of disputes, touching financial, commercial, art, labor, education and the legal industries. Mr. Jossen has served as a mediator and arbitrator in numerous disputes. He has extensive training in mediation and arbitration. His courtroom prowess has been recognized by election as a Fellow of the American College of Trial Lawyers.

Mediator and Arbitrator

With a wealth of experience in prosecuting, defending, trying and settling complex litigation problems, Mr. Jossen’s focus primarily is on dispute resolution, serving as a mediator or arbitrator, and, separately, as a counselor on specific assignments providing advice and counsel to individuals or entities in crisis situations. As a neutral, his interest in mediation is purely to achieve a result which is

satisfactory to all parties involved. As an arbitrator, his interest is to reach a just and reasoned decision based upon the information presented and the governing law.

Counselor and Trial Lawyer

Mr. Jossen has earned the reputation over the years as a practical, seasoned trial lawyer, with impeccable judgment and analytic abilities. These are tools critical to an effective mediation or arbitration of any dispute, and to analysis and problem solving in difficult situations.

 

Barbara-Barron_Barbara-Barron-MS-CCC-SLP_myLawCLEBarbara Barron | Barbara Barron MS CCC SLP

Barbara is a licensed and certified speech pathologist, specializing in the speaking voice. She trains clients on-site at their offices as well as virtual sessions.

After graduating from Skidmore College,with a theater degree, she started her professional acting career in New York City and studied acting with Uta Hagen, Herbert Berghof and Austin Pendelton. She earned her Masters Degree in Speech Pathology from Columbia University.

Barbara has combined her acting background with her knowledge of the human speaking voice to provide professional voice users with techniques to maintain the
health of their voice and prevent vocal injury in all situations. She works with politicians, actors, lawyers, anchors, business owners and all occupational voice users.

Barbara is known for her fund of knowledge, individualized approach, enthusiasm and communication skills. She is a consummate professional who connects with her clients in an extraordinary way.

Agenda

Session I – Questioning of Medical Experts, direct and cross examination: Deposition and Trial Testimony | 12:00pm – 1:00pm

  • Cross examining defense neuropsychologists in traumatic brain damage cases | 12:00pm – 12:15pm
  • Rules of discovery pertaining to limiting expert testimony to the content of their reports | 12:15pm – 12:30pm
  • Neuroradiologist testimony regarding interpretation of MRIs and opinions relating to herniated disks | 12:30pm – 12:45pm
  • Testimony of neurologists and physiatrists regarding EMG testing | 12:45pm – 1:00pm

Break | 1:00pm – 1:10pm

Session II – Trial tactics for direct and cross-examination of medical expert witnesses | 1:10pm – 3:20pm

  • Collateral attack of opposing witnesses | 1:10pm – 1:25pm
  • Use of Medical records | 1:25pm – 1:40pm
  • Demonstrative Evidence | 1:40pm – 1:55pm
  • Causation issues | 1:55pm – 2:10pm

Break | 2:10pm – 2:20pm

  • Use Prior Court testimony of Expert Witness | 2:20pm – 2:40pm
  • Strategies for Cross-examination and Direct testimony | 2:40pm – 3:00pm
  • Post Covid Trials | 3:00pm – 3:20pm

Break | 3:20pm – 3:30pm

Session III – How to Prepare an Expert Witness for the Deposition Experience | 3:30pm – 4:30pm

  • Identify and achieve objectives for effective preparation of expert witnesses for deposition | 3:30pm – 3:50pm
  • What are the strategic considerations in expert witness preparation? | 3:50pm – 4:10pm
  • Use voice control and exercises to assure comfortable, confident physical presence for witnesses, especially those who are not accustomed to the pressure of a deposition setting | 4:10pm – 4:30pm