A Visit to the Doctor: Expert Testimony in Personal Injury Actions

Credits in

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Practice Areas:

Trial

Icon About This Course

This specialized Skills course will provide an in-depth exploration of the crucial role that medical experts play in personal injury litigation. Designed for legal professionals who seek to elevate their understanding and application of expert testimony, it is led by accomplished attorney Christopher O’Donnell, Esq. The curriculum is meticulously crafted to offer a detailed examination of the complex interplay between medical expertise and legal strategy, with a focus on practical techniques for leveraging medical testimony to strengthen personal injury claims.

Throughout the course, participants will delve into the essential aspects of handling medical records, which are the backbone of personal injury cases. You will learn the intricacies of obtaining, managing, and utilizing these records effectively, including navigating HIPAA regulations and securing necessary authorizations. The course will also cover subpoenas and strategies for maintaining updated records, addressing billing issues, and handling supplemental bills of particulars or new injuries. Participants will also explore the intricacies of motion practice in personal injury cases, including how to respond to motions to dismiss and manage issues related to updated disability, range of motion, and causation. Strategies for handling tort reform statutes and challenges about expert testimony will be covered in detail.

The course will guide attorneys through best practices for exchanging expert reports and records before trial, focusing on compliance with state-specific laws and court rules. You will learn how to ensure timely and complete exchanges to avoid prejudice and surprises, including handling trial narratives and the use of medical imaging.

Preparation for trial is another key component of the course. You will discover methods for preparing medical experts for effective testimony, including techniques for direct and cross-examination. The course 
will provide practical advice on presenting medical records in court, using visual aids, models, and demonstrative evidence to make a compelling case.

This program is ideal for attorneys seeking to deepen their expertise in managing medical testimony in personal injury cases. It offers valuable insights into the nuances of medical records, liens, trial preparation, and examination techniques, ultimately equipping you with the knowledge and skills needed to advocate effectively for your clients and achieve favorable outcomes in personal injury litigation.

Learning Objectives:

  • Explore the critical role that medical records play in personal injury claims, and learn how to secure and manage these records effectively
  • Evaluate the complexities and challenges of medical liens, including strategies for negotiating and resolving lien-related disputes
  • Examine various methods for putting medical liens on notice, dealing with overbilling, and addressing issues related to doctors’ fees and payments
  • Discover practical approaches for managing liens when doctors fail to bill appropriately or attempt to recover client payments


Production Date: 9/13/2024 | Closed captioning (CC) available

About the Presenters

Christopher O'Donnell, Esq.

Greenstein & Milbauer, LLP.

Practice Area: Civil Trial Preparation (+ 1 other areas)

Christopher O'Donnell is currently a partner at the law firm Greenstein & Milbauer, LLP, and specializes in Plaintiff's Personal Injury Litigation. He is a member of both the New York State Trial Lawyers Association and the American Bar Association.BAR ADMISSIONSNew York, 2010New Jersey, 2009U.S. District Court District of New Jersey

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