Expert Evidence Report Index-Summary

HAWAII

– Product liability, seat-belt defects, exclusion of testimony with differences as cumulative deemed error (Haw. Ct. App.), 441

HEALTH CARE

– Class actions

– – Reimbursement practices, settlement agreement remanded for fairness hearing (N.J. Super. Ct. App. Div.), 214
– – Report based on benchmark amounts paid for uninsured health patients insufficient basis for certification (Ala.), 505

– Disability benefits

See DISABILITY BENEFITS

– Discrimination, emergency dispatch/response times in Latino neighborhoods, statistical differences improperly rejected (9th Cir.), 552
– Hospitals

See HOSPITALS

– Malpractice

See MEDICAL MALPRACTICE

– Medical evidence

See MEDICAL CAUSATION

– Medicare outlier inflated costs, RICO claims, expert opinion based on unknown amount of unlawful overcharges inadmissible as overly broad (11th Cir.), 472
– Misidentification of newborn baby, emotional distress claim requires expert proof (Tenn. Ct. App.), 69
– Nursing homes

– – Neglect of patients, export report required (Tex. App.), 256
– – Patient's death, proof of negligence based on photos and records not speculative (Mo.), 56

HEARSAY EVIDENCE

– Criminal proceedings, reliance on defense psychologist testimony as basis for transferring case from adult to juvenile court erroneous (Wis. Ct. App.), 159

HOSPITALS

– Emergency Medical Treatment and Active Labor Act

– – Expert testimony required to support premature release claim (E.D. Ky.), 446
– – Psychiatrist expert testimony on failure to stabilize mental condition before discharge sufficient to set aside summary judgment (6th Cir.), 238

– Expert reports

– – Bed defect claim deemed product liability action not requiring report (Tex.), 443
– – Overpayment class action, statistics report based on benchmark amounts paid for uninsured patients insufficient basis for certification (Ala.), 505

– Patient admissions, physician allowed to testify on standard of care when patient requests specific doctor (Tex. App.), 447
– Reimbursement rates, no due process right to cross-examine consulting state expert in administrative hearing (Idaho), 520
– Suicide, wrongful death claim against psychiatric facility not malpractice requiring expert proof (Wis. Ct. App.), 283