Challenging the defense expert who claims your client is a malingerer

Lawyers USA in its May 7, 2007 issue has an excellent article about a plaintiff trial lawyer Dorothy Clay Sims in Florida and her tactics in dealing with medical experts who claim her plaintiff’s are malingerer’s. I highly recommend reading the article. She has even created a company to help lawyers in this regard called They provide medical expert consultation with doctors in New Delhi at reasonable rates. These doctors are available to "listen in" to a deposition through the lawyer’s lap top and use instant messaging to comment back to the lawyer including questions to ask. Her recommendations are helpful. They include using the Freedom of Information Act to obtain background information about the defense expert. collect pamphlets in the doctor’s waiting room for possible use in a deposition and other helpful suggestions. There are some very good suggestions found in the article.

About Paul Luvera

Plaintiff trial lawyer for 50 years. Past President of the Inner Circle of Advocates & Washington State Trial Lawyers Association. Member American Board of Trial Advocates, American College of Trial Lawyers, International Academy, International Society of Barristers, member of the National Trial Lawyers Hall of Fame & speaker at Spence Trial College
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