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Forensic Medicine Expert Witnesses

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Dr. Karen Magarian
The Smart Choice for IME / DME Observers
P.O. Box 25978
Los Angeles CA 90025
USA
phone: 888-977-8393 (888-XPRT EYE ) or 818-786-7412
fax: 818-786-7413
ADVANTAGE REPRESENTATIVES (based in Los Angeles, CA) assists plaintiff personal injury attorneys by providing a reliable, experienced forensic observer to accompany clients (as an attorney's representative) during their Independent / Defense Medical Examination. Our primary function is to uphold limitations (per Response to Demand), audio record, document and evaluate the IME/DME. I am also available for expert witness testimony at deposition, arbitration or trial.

Specifically requested by hundreds of personal injury lawyers, Dr. Magarian is readily familiar with many local orthopedic and neurologic defense experts and can thereby provide valuable insight about their particular style and technique.

Since 1988, Dr. Magarian's gracious and professional demeanor, along with discerning and experienced attention to detail, have ranked her as the most sought-after independent observers in Southern California.

Areas of Specialization:
  • Motor Vehicle (Auto/Motorcycle/Bus) Accidents
  • Bicycle & Pedestrian Accidents
  • Slip/Trip & Fall Injuries
  • Dog Bite & Burn Injuries
  • Train/Plane/Boat Accidents
  • Med Malpractice
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Dr. Steven R. Graboff
17742 Beach Blvd, Suite 355
Huntington Beach CA 92647
USA
phone: 714-843-0019
fax: 714-841-1280
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Steven R. Graboff, M.D. is a Diplomate of the American Board of Orthopaedic Surgery, a Diplomate of the American Board of Forensic Examiners, and a Diplomate of the American Board of Forensic Medicine. He is a member of the American College of Forensic Examiners and a Certified Forensic Physician. He has had an active Orthopaedic Surgery practice in Huntington Beach, California, since 1985, and he brings considerable expertise and experience to the forensic medical legal community.

With over 20 years of litigation support experience, Dr. Graboff has qualified and testified as an orthopedic expert witness over 400 times for both the plaintiff and defense in cases throughout the United States.

Dr. Graboff received his medical degree from the University of California, Irvine in 1980. He did a general surgery internship at the University of California Irvine Medical Center and affiliated hospitals from 1980 - 1981, and he completed his Orthopaedic Surgery training in 1985 from Harbor-UCLA Medical Center and affiliated hospitals, Los Angeles, California.

Dr. Graboff was first certified by the American Board of Orthopaedic Surgeons in 1987. He has been re-certified by the Board in January 1998 and most recently re-certified effective January 2008. He is a Diplomate of the National Board of Medical Examiners and is appointed by the State of California as a Qualified Medical Examiner.

Dr. Graboff is a member of the American College of Forensic Examiners, the American Medical Association, the California Medical Association, the Orange County Medical Association, the California Orthopaedic Association, the Association of University Professors, the California Faculty Association, and the California Teachers Association. He has volunteered his services as the team physician for the Garden Grove School District for 10 years and participated in the CIF Southern Section Athletic Safety Commission.

Dr. Graboff has been teaching Orthopedics, differential diagnosis, and musculoskeletal radiology in the Department of Physical Therapy, California State University, Long Beach, College of Health and Human Services, for over 10 years. He is a guest lecturer at the University Of California Irvine School Of Medicine and an Instructor in the Clinical Foundations teaching program. He is a medical specialist and advisor for the City of Huntington Beach Emergency Operations Center, and he volunteers his services with the Medical Reserve Corps, Orange County, California.



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Dr. Richard Stripp, PhD
Toxicologist
ToxiConsult Division
132 Cove Road
Huntington NY 11743
USA
phone: 516-635-9916
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Richard Stripp, PhD, is a nationally recognized expert in Toxicology providing services in all aspects of a Clinical and Forensic Toxicology. He has served as an expert consultant in 100’s of cases in the field of toxicology and pharmacology for attorneys, investigators, and physicians involved in forensic and clinical toxicological evaluations associated with ethanol, drugs of abuse, prescription medications and chemical exposure.

Dr. Stripp provides unbiased expert case reviews involving drug effect on human performance, toxicity of iatrogenic/ therapeutic agents, lead and other toxic metals, carbon monoxide and environmental/occupational hazards. These services include, impartial evaluations involving drug impairment, overdose, toxic chemical exposure, medical issues associated with drug therapy, poisoning, and the role of drugs, alcohol, or chemical exposure in civil and criminal litigation. This covers a full breath of forensic medical-legal cases including:
  • Analytical Toxicology and Laboratory Operations
  • Review and Interpretation of Toxicology Reports
  • Assessment of Impairment and the Role of Drugs/Alcohol in fatalities, accidental injury, overdose, MVA / DWI / DUI, criminal and civil litigation
  • Insurance Claims
  • To Serve as an Expert Witness: Experienced in Depositions and Court testimony
    • Forensic Toxicology Case Reviews
    • Litigation Support
    • Workers' Compensation
    • DUI/DWI
    • Drug and Alcohol Effects
    • Pharmacology Evaluations
    • Environmental/Occupational Chemicals & Toxic Chemical Exposure
    • Interpretation of Analytical Results and Drug Testing Cases
    • Continuing Education and Lectures
    • Chemical and Product Safety
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8,500 Experts 250 Specialties
6425 Christie Avenue, Suite 260
Emeryville CA 94608
USA
phone: 800-275-8903
fax: 510-486-1255
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Medical Experts for Malpractice & Personal Injury Cases
AMFS is America's premier medical expert witness and consulting company. We are a trusted partner with the legal community and provide a superior method of retaining medical experts. Since 1990, we have provided board-certified medical experts in over 10,000 medical malpractice and personal injury cases with a 92% win-rate compared to the industry average of 28%.
  • 8,500+ Medical Experts in 250+ Specialties
  • Active Practice Physicians with Legal Experience
  • Free Cost Attorney-Physician Consultations
  • Medical Record Review & Testimony
  • Independent Medical Examinations (IME) & Autopsies
  • Essential Affidavits & Reporting
  • Credible Expert Witnesses Resolving Medical Cases
    At AMFS, we carefully screen our experts to ensure that they are in active practice and are not "professional" experts. Our internal policy of blind presentation and review ensures objectivity and enables our experts to provide forensic testimony with the highest credibility. We maintain our high standards through oversight from an advisory board of esteemed medical professionals.
    Learn More: Medical Expert Witness
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    Clive M. Segil, MD, FACS, FRCS
    2080 Century Park E. Ste 500
    Los Angeles CA 90067-2008
    USA
    phone: 310-203-5490
    Clive M. Segil, MD, FACS, FRCS is an internationally renowned Orthopedic Surgeon with 30 years of experience in the management of Musculoskeletal Disorders. He practices orthopedic surgery, treating all orthopedic conditions.

    Dr. Segil is on the staff of Cedars-Sinai Medical Centre, Olympia Medical Centre, Tarzana Medical Centre, and Encino Medical Centre in the Los Angeles area. He is a past assistant clinical professor of orthopedics at the University of Southern California School of Medicine and a past Clinical Chief of Orthopedics at Cedars-Sinai Medical Center.

    Dr. Segil completely understands the forensic system, is comfortable and confident in presentation and trial appearance, and is not intimidated by court proceedings. He has vast experience in all aspects of Orthopaedic Surgery. He is familiar with the new changes in the Workers' Compensation arena, including using the AMA guidelines, the ACOEM guidelines, and the American Academy of Orthopedic Surgery guidelines for spine problems.

    Dr. Segil testifies for defense and plaintiff cases with an unbiased, erudite, understandable, and logical argument to support the facts and evidence. He has provided unbiased, detailed, ratable, and credible reports concerning injured workers and has given an honest opinion as to their condition, causation, prognosis, disability, and apportionment in a precise organized manner.

    View Dr. Segil's Consulting Profile.
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    Matthew Lee
    MD, RPh, MS
    5700 Old Richmond Ave.
    Suite A-5
    Richmond VA 23226
    USA
    phone: 804-358-1492
    fax: 804-358-1491
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    Dr. Matthew Lee is a Physician, Pharmacist, Pharmacologist and Toxicologist who also practices as an Expert Witness and Legal Strategy Consultant.

    Specific Benefits Include:
  • Increased quality and integrity of written expert reports, based on an expanded knowledge base
  • Time savings by only having to coordinate and discuss a case with one expert as opposed to two or more
  • Since there is so much overlap between fields in the medical profession it is often hard to determine where one scope ends and another begins. This ambiguity is dramatically decreased , and scope increased by combining physician, pharmacist, and pharmacologist into one
  • Communication skills of a pharmacist and experience dealing directly with the lay-public, in addition to the knowledge and background of a physician is extremely beneficial describing technical details to a jury
  • Practicing in different realms within the healthcare field has allowed Dr. Lee to integrate the multiple facets giving him a unique and distinct perspective that no other expert has
  • Case Experience Includes:
  • Criminal and Civil Cases
  • Anaphylactic Reactions
  • Overdosel
  • Wrongful Death
  • Cardiac Arrest
  • Respiratory Arrest
  • Fentanyl Overdose
  • Dilaudid Overdose
  • Pharmacist Mis-Fills
  • Pharmacist Dispensing Errors
  • Pharmacy Standard of Care
  • Medication Adverse Effects
  • Falls Related to Medications (in and out of hospital)
  • Toxicology/Toxic Reactions
  • Medical Marijuana
  • Positive Drug Screens in the Workplace
  • Workplace Safety
  • Fit for Duty Testing
  • Dilaudid is a commonly used opioid narcotic analgesic in hospitals due to its potency and effectiveness in the management of acute pain. On occasion, patients may be administered too much Dilaudid resulting in an overdose.

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    John P. Evans, MD
    Daniel E. Lee, MD
    3150 Highway 153
    Piedmont SC 29673
    USA
    phone: 864-295-1231
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    Foothills Orthopaedics and Sports Medicine Center accurately and effectively address a variety of Orthopaedic Conditions and Surgical Concerns. The experts at Foothills Orthopaedics specialize in Joint Replacement including total knee, oxford knee, and total hip replacement. Their Bone Health Center allows them diagnose bone density issues and treat such conditions as Osteoporosis by utilizing a DEXA Scan, state of the art bone density technology.

    The doctors at Foothills Orthopaedic and Sports Medicine Center provide litigation support services to attorneys for both Plaintiff and Defense. They are available for Independent Medical Examinations (IMEs), Disability Evaluations, medical record review, deposition, and trial testimony when necessary.

    John Evans Orthopaedic Surgeon Expert PhotoJohn P. Evans, MD is a board certified and fellowship trained Orthopaedic Surgeon with more than 30 years of experience. In active surgical practice, he has treated all forms of musculoskeletal complaints including foot, knee, hip, back, and neck symptoms. With the added qualification of Surgery of the Hand, Dr. Evans treats conditions of the upper extremities from the shoulder to the fingertips, including carpal tunnel syndrome, trauma, sports and work-related injuries, and arthritis.

    In 2012, he was Certified in the Evaluation of Disability and Impairment by the American Academy of Disability Evaluating Physicians. Dr. Evans has been performing IMEs for private and governmental clients for over 30 years. He is licensed in North Carolina, South Carolina, Florida, and West Virginia.

    Daniel Lee Orthopaedic Surgeon Expert PhotoDaniel E. Lee, MD is a board certified Orthopaedic Surgeon with more 15 years experience. Dr. Lee practices general orthopaedics including sports injuries, fracture care, and joint replacements. He was born in Atlanta and raised in Greenville. He is certified in osteoporosis. Dr. Lee performed the first Oxford Knee replacement in Pickens county in 2004. He has privileges at Bon Secours St. Francis Health Systems, Greenville Hospital System, and the Center for Special Surgery in Greenville South Carolina.

    View Foothills Orthopaedics' Consulting Profile.
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    Uwe G. Goehlert, MD
    President
    150 Dorset Street
    PMB 201
    South Burlington VT 05403-6256
    USA
    phone: 802-578-8179
    fax: 802-713-1002
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    Uwe Goehlert Health care Expert PhotoUwe Gustav Goehlert, MD, CM, MPH, MBA, FAAFP, FAEP, FACFEI, CHCQM, FAIHQ is Board Certified in Family Practice, Emergency Medicine, Forensic Medicine, Quality Assurance and Utilization Review, Managed Care Medicine, and eligible in Preventive Medicine and Public Health. Dr. Goehlert has been practicing medicine for more than 30 years. He has extensive “hands on” clinical and administrative experience in multiple primary care settings. His broad expertise is in Ambulatory Emergency and Urgent Care Medicine for all age groups.

    Dr. Goehlert has particular interest and expertise in Managed Care Quality and Utilization Management for out of network and out of geographic area benefits. Efficiency of appropriate health care delivery using cutting edge biotechnology and medical informatics technology are his particular emphasis. He continues active clinical practice, administration, medical legal and insurance consulting and teaching. He is currently and actively engaged in medical legal ethics and peer review activities. His engagements include medical legal, insurance, educational, and managed care entities.

    Dr. Goehlert provides Medical-legal and Insurance Review Services to attorneys for both Plaintiff and Defense. His services include document review and second opinion to detailed ongoing litigation support / expert consulting.

    Areas of Expertise:
    • Ambulatory Care
    • Urgent Care
    • Emergency Medicine
    • Insurance Appeals
    • Utilization Reviews
  • Peer Reviews
  • Pre-authorizations
  • Medical Necessity Reviews
  • Travel Medicine
  • Medical Ethics
  • Education: Education: MPH, Johns Hopkins, Baltimore, MD. USA; MSc, MD, CM, McGill University, Montreal, CANADA; MBA, Loyola College, Baltimore, MD. USA

    Memberships and Associations (Selected):
    • American Medical Association
    • American Academy of Family Physicians
    • American College of Emergency Physicians
    • American Board Of Quality Assurance and Utilization Review Physicians
    • American College of Managed Care Medicine
    • American Academy of Urgent Care Medicine
    • American Public Health Association
    • International Society of Travel Medicine
    • American College of Forensic Examiners
    • American College of Physician Executives
    • American College of Legal Medicine
    • American College of Forensic Examiners Institute
    View Dr. Goehlert's Consulting Profile.
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    John H. Fullerton, MD, MRO, CMD, CFP, FACP, AGSF, FAAHPM
    Founder & President
    1700 California St.
    Suite #470
    San Francisco CA 94109
    USA
    phone: 415-460-5532
    fax: 415-376-5820
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    John FullertonJohn H. Fullerton, MD, MRO, CMD, CFP, FACP, AGSF, FAAHPM is Board Certified in Internal Medicine, Geriatric Medicine, Addiction Medicine and Hospice & Palliative Medicine.

    Dr. Fullerton maintains active medical licenses in both California and Florida and holds additional national certificates of added qualifications as a Certified Medical Director (CMD) at multiple levels of care locally and in Home Care (AAHCP).

    Dr. Fullerton is a certified Clinical Forensics Expert, who has participated in nationally recognized Elder Abuse Cases, including the cases of "lay caregivers" misguidedly criminally charged with homicide or manslaughter after caring for a loved one at home with advanced dementias. He has been vetted by the Department of Homeland Security, the Department of Justice, the Office of The Inspector General, and the FBI to perform the duties of a government expert in cases of Criminal Healthcare Fraud. He has served as a key expert witness in the continuing efforts of 'Operation HEAT' and been on the winning side of three criminal convictions.

    Over roughly the past 13 years, Dr. Fullerton has provided independent medical expert testimony and clinical forensic medical testimony in more than 200 cases and reviewed over 1,500 files (including Medicare Audits for the Government). He has focused his medical expertise in mostly Personal Injury, Medical Malpractice, Determinations of Medicare Medical Necessity matters, and Civil & Criminal cases alleging Elder Abuse (including homicide) at either discovery, deposition or at trial testifying for both plaintiff and defense cases, respectively.

    Areas of Expertise:
    • Adult Hospital Medicine
    • Ambulatory Care - Internal Medicine & Geriatrics
    • Geriatric Approaches to Gero-Psychiatry
    • Immuno-Compromised Host 1 Treatment
    • Long Term Care - SNF
    • Sub-Acute Rehabilitation
    • Assisted Living - Secured Dementia Units
  • LTC / Hospice Medical Directorships
  • Hospice & Palliative Care Units
  • Home Care
  • Elder Abuse Defense Cases
  • Preventable Falls
  • Pressure Wounds / Pain Management
  • Addiction Medicine - Forensic Toxicology / DUI Defense Cases
  • View Consulting Profile.
    2/3/2014 · Medical
    From the days of "Reefer Madness" until the timing of Proposition 19 with the "Legalization of Marijuana Initiative" on the ballot last November, the controversies swirling around not only the recreational use, but also the medical use of marijuana, particularly in frail, elderly geriatric patients with clinically significant weight loss (and cachexia), has been fraught with controversy. Even though the ballot initiative from 2010 went down in defeat on November 2, 2010, rumblings of some of the authors bringing another, more "targeted" CA initiative in 2012 are regaining momentum.

    A disturbing trend has emerged involving criminal charges being levied against family caregivers treating end-of-life (EOL) elders with dementia.

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    Infectious Disease Specialist
    4096 Piedmont Avenue
    Suite 911
    Oakland CA 94611
    USA
    phone: 510-835-6225
    Expertise: Expert in Infectious Disease-infections in all medical specialties:HIV/ AIDS; Infection Control; Food poisoning; Hepatitis. Medicolegal consultant in above areas with extensive experience: case reviews, independent medical evaluations, Objective reviews for plaintiff and defense.

    Degrees / Licenses: MD (Licenses: AZ, CA), American Board of Internal Medicine, Infectious Diseases; Certification Board of Infection Control. HIV Specialist.

    See CV on Website for more details.

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    Dr. Jonathan S. Rutchik, MD, MPH
    20 Sunnyside Ave Suite A-321
    Mill Valley CA 94941
    USA
    phone: 415-381-3133
    fax: 415-381-3131
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    Dr. Jonathan S. Rutchik, MD, MPH, is one of the few physicians in the USA who is board certified in both Neurology and in Occupational and Environmental Medicine. He also has a masters in public health. He has been practicing medicine since 1995 and in California since 2000.

    Dr. Rutchik provides trustworthy litigation support and expert witness services for issues involving Neurological Illness Secondary to Workplace Injuries and Exposure. Dr. Rutchik has had experience with cases related to neurological problems and physical accidents, trauma as well as chemical and pharmacological exposures in occupational and environmental settings. Other services include independent medical examinations, medical record review, and utilization review.

    Dr. Rutchik believes in evidence and scientifically based medicine. His services are available to plaintiffs, applicants, defense attorneys, and insurance companies (approximately 50/50) specializing in Toxic Tort, Personal Injury, and Product Reliability related to neurology.

    Selected Case Examples:
    • Manganese and Tremor/ Parkinsonism
    • Carbon Monoxide and Encephalopathy
    • Organic solvents and Encephalopathy
    • Metals and Neuropathy
    • Brain Injury - Post Concussion Syndrome
  • Pesticides and Neuropathy
  • Mold and Neurological Consequences
  • Return to Work Issues
  • Workers Compensation Issues
  • Product Liability and Neuropathy
  • Offices Locations: San Francisco, Richmond, Petaluma, Sacramento, Arcata (See Location Details in Links Above)

    View Dr. Rutchik's Consulting Profile.
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    Anthony R. Scialli, MD
    2737 Devonshire Place NW #120
    Washington DC 20008-3459
    USA
    phone: 703-647-4178 or 301-514-3081 (cell)
    fax: 202-249-0111 or 703-243-8696
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    Anthony R. Scialli, MD, is a specialist in Reproductive and Developmental Toxicology and in Obstetrics and Gynecology. He consults on issues of performance and interpretation of nonclinical and clinical studies with a concentration on the use of study results in regulatory activities.

    Dr. Scialli directs the Reproductive Toxicology Center, a non-profit foundation in Washington, D.C., which maintains Reprotox®, an online data base on the effects on reproduction of drugs, chemicals, biologicals, and physical agents. He is also a Clinical Professor of Obstetrics and Gynecology at George Washington University School of Medicine and Adjunct Professor of Obstetrics and Gynecology and of Pharmacology and Physiology at Georgetown University Medical Center.

    Litigation Support - Dr. Scialli provides expert witness activities, particularly in the area of reproductive effects of chemical exposures, disease states, and nutrition. He brings his expertise in the interpretation of experimental animal and epidemiology literature to regulatory and litigation problems. Dr. Scialli has provided consultation on the meaning and significance of data packages in developmental and reproductive toxicology (DART) particularly with respect to regulatory implications and causation analysis. He has functioned with teams preparing for regulatory submissions and hearings.

    Services Include:
    • Review of nonclinical DART package in preparation for submission
    • Evaluation of nonclinical package with respect to
      • Contraception recommendations for clinical trials
      • Go/no-go decisions in product development
      • Product labeling negotiations
    • Medical record and literature review for litigation
    • Report preparation and testimony
    • Presentations to regulatory agencies and advisory bodies
    View Dr. Scialli's Consulting Profile.
    Anthony R. Scialli, MD
    Reproduction, the most important process in nature, is the result of a superbly coordinated series of events. The modern era has seen the introduction of chemical and physical agents that can disrupt these events and impair normal reproduction. This book satisfies the clinician's need to understand toxicology and its effect on human reproduction by explaining the lingo of the bench researcher and teaching the clinician how to use basic research in practice.
    By Anthony R. Scialli, MD
    One of the most popular areas in toxicology is environmental toxicology and its effects on human fertility. Designed as a clinical reference, this book focuses on both the mechanisms of reproductive failure (male and female) and the clinical techniques for assessing and monitoring the effects of various toxicants on the reproductive process. Section I provides a basic overview of the toxicologic effects of various agents on male and female reproductive physiology and the process of conception. Section II builds on this background and covers the mechanisms of toxicant action, describing the ways in which normal reproduction may become deranged.
    Anthony R. Scialli, MD
    Pharmacologic and Toxicologic Principles. Reproductive Medicine Series
    Anthony R. Scialli, MD
    Based on the proceedings of a conference held at Georgetown University. Provides expert guidance on assessing the clinical significance--whether transient and adaptive, or irreversible and pathological--of changes in the quality and quantity of sperm production after environmental chemical exposure. Presents EPA procedures and policies to estimate risk of injury to the male reproductive system, value of testicular and sperm profiles in optimizing reproductive success: lessons from selective breeding programs of domestic and laboratory animals, effects of radiation therapy and chemotherapy on testicular function, and calculation of incidence of infertility in human populations from sperm measures using the two-distribution model.
    Anthony R. Scialli, MD
    For more publications by Anthony R. Scialli, MD, please click on the above link. A full list of his publications can be found on his CV and there is a list of recent publications under the CV/Links tab.
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    Dr. Stephen M. Raffle
    Principal
    35 Wolfe Grade
    Kentfield, CA 94904
    Also
    Oakland CA 94612
    USA
    phone: 415-461-4845
    fax: 415-461-4039
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    NORTHERN CALIFORNIA
    North of San Francisco
    35 Wolfe Grade
    Kentfield, CA 94904
    (415) 461-4845
    Oakland
    300 Frank H. Ogawa Plaza,Suite 700
    Oakland, CA 94612
    (510) 465-3300

    NATIONWIDE / INTERNATIONAL, has over 43 years of experience offering his expert opinion in Federal and State jurisdictions nationwide. Dr. Raffle has consulted for attorneys, insurers, employers and judges. His track record and experience is impressive: over 5000 psychiatric evaluations, 700+ depositions, 150+ trials, a successful clinical practice, teaching career at U.C. Medical School, and Hastings College of the Law postgraduate course "Trial and Appellate Advocacy" for 11 years instructing attorneys about the direct and cross-examination of expert witnesses.

    Stephen M. Raffle, M.D. and Associates' expertise includes, but is not limited to the following:
    • Chronic Pain
    • Psychosomatic Medicine
    • Post-Traumatic Stress Disorder
    • Psychogenic Pain
    • Traumatic Brain injury and other Dementias
    • False Memory Syndrome
    • Malingering
    • Emotional Distress: Intentional & Unintentional infliction
    • Emotional Distress: Evaluation of
    • Fitness For Duty
    • Risk/Threat Workplace Violence Assessment
    • Wrongful Termination
    • Discrimination (ADA, Title VII, EEOC)
    • Harassment (sexual, etc.)
  • Employment Litigation
  • Medical Malpractice
  • Substance Abuse
  • Testamentary Capacity
  • Undue Influence (including Cults)
  • Toxic Exposure
  • Catastrophic Injury
  • Temporary and Permanent Disability
  • Need for Treatment
  • Sexual Molestation
  • Medical Records Review
  • Assist in Preparation for Direct and Cross-examination of Expert Witnesses and Deposition of expert witnesses
  • Licensed in California.
    12/3/2014 · Psychiatry
    In order for a medical opinion to be admissible as evidence in civil, criminal and administrative cases, the basis of the opinion must fulfill either the Daubert Criteria or the Frye test, depending on the jurisdiction. The judge of the court rules on the admissibility of the expert opinion. The effect of Daubert has been to limit expert testimony to opinions which are based on a scientific foundation. Daubert specifies that adequate scientific support and method and a known error rate must exist. The testimony of a mental health expert rendering an opinion using criteria which does not meet Daubert standards is weakened by the implication that it is not based on "sound science." In some instances, for example, a mental health expert uses an approach where there are no peer-reviewed studies or methods, such as when psychologists compose their own neuropsychological test batteries. In most cases where an attorney is considering a "Daubert challenge," a contemporaneous and up-to-date literature search is indicated. Also, extensive case law presently exists as to specific issues. Being familiar with the Daubert criteria enhances effectiveness in challenging a mental health expert's opinion, whether on voir dire or cross examination. On direct examination, the strengths of an opinion reached under Daubert criteria become a "teaching moment" for the trier of fact, because it will be founded on the science of mental health assessment.

    10/27/2014 · Psychiatry
    Undue influence occurs when the testator's freewill and freedom of choice in the disposition of the assets of his or her estate is replaced by the substituted judgment/wishes of another. This can apply to creating a will, codicil to amend a will, trust or other legal instrument.

    2/11/2014 · Psychiatry
    The medical expert cannot express an opinion about the ultimate question to the trier of fact: how much is the plaintiff's emotional distress (emotional injury) worth in dollars? Yet when the question of these monetary damages is put to a jury, their deliberations are better-served if considered in the context of a Forensic Psychiatrist's knowledgeable findings and testimony.

    5/28/2009 · Human Factors
    All psychiatric reports evaluate something, but not always the same thing. For example, eligibility for benefits, or fitness to do a job. To make sense of the report, the reader must determine what is being evaluated and how it is being done

    5/28/2009 · Psychiatry
    In civil cases where emotional distress is alleged, it often occurs that the plaintiff’s attorney designates the treater as his expert. Usually the argument is that the plaintiff’s own therapist has spent many more hours with the plaintiff than the defense expert and therefore "knows" the plaintiff better. The treater often agrees with this reasoning