IRC Blog

Cases Are Won or Lost By the Expert’s Ability to Defend their Report

Cases Are Won or Lost By the Expert’s Ability to Defend their Report

When a patient suffers an injury due to a provider’s negligence, they face important decisions regarding their next steps. They can either file a complaint with the clinic and continue treatment or, if the injuries are severe, pursue a malpractice lawsuit. If opting for legal action, it’s crucial to select the right attorney and expert.

Attorneys must carefully choose experts, considering their qualifications, past performance, and whether they meet the admissibility standards set by the Frye Test, Daubert Decision, Rule 702, and Rule 26. Failure to meet these criteria could result in the expert’s testimony being excluded from the trial.

Moreover, an expert’s ability to testify effectively is as important as their report. An expert must clearly explain their methodology and findings to the jury in an understandable way. If they fail to do this, their testimony may be discredited, which could be detrimental to the case.

With over two decades of experience in testifying as both a treating doctor and expert in malpractice and personal injury cases, I am dedicated to providing clear and qualified reports to educate the jury effectively.

Helping Your Client Grasp the Essential Need for a Functional Capacity Evaluation

Helping Your Client Grasp the Essential Need for a Functional Capacity Evaluation

As clients progress through their personal injury cases, they often experience increased anxiety and fatigue due to the lengthy and complex nature of their treatments. This can lead to frustration, especially when faced with additional requirements like a Functional Capacity Evaluation (FCE).

To help clients understand the necessity of the FCE, explain that it serves as a comprehensive assessment that ties together their medical treatments by documenting how their injuries impact their ability to perform work-related tasks, daily activities, and leisure activities. This evaluation is crucial for demonstrating the full extent of their impairments to the insurance company, highlighting how these issues affect their daily lives beyond what medical treatments alone can show.

Clarify that while medical treatments aim to improve their condition, the FCE provides a concrete measure of their functional limitations, which is essential for determining their overall damages and impairment rating. Additionally, inform clients about the details of the FCE, such as its duration (approximately 4 hours) and the need to wear comfortable clothing for the physical tasks involved, to ensure they are well-prepared and understand the purpose of this step in their case.

Functional Capacity Evaluations confirm the diagnosis and quantify injury severity

Functional Capacity Evaluations confirm the diagnosis and quantify injury severity

Confidence in the injuries sustained in the client’s accident must come from a correct diagnosis as well as how that diagnosis affects the injureds’ life.  The only trial-proven test to confirm the diagnosis and prove the impact is the FUNCTIONAL CAPACITY EVALUATION (FCE).  During this 4-hour evaluation, the client’s impairments and disabilities are discovered which confirms not only the diagnosis itself but it also quantifies the severity of the diagnosis.

Expert Reports are only as VALID as the expert writing them

Expert Reports are only as VALID as the expert writing them

When an injured person seeks legal representation after a car accident, they typically go through a screening process to find the right attorney. This process may involve asking for referrals from friends or family, researching online, or choosing based on advertising.

Similarly, attorneys looking to hire an expert witness, such as a life care planner, also use a screening process. They might seek recommendations from colleagues, search online, or hire based on advertising presence to find the best fit for their case.

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