Dr. C.J. Abraham, P.E. is a Licensed Professional Safety Engineer with over thirty five years of international experience consulting to insurance companies, municipalities, government agencies, and the legal profession. He provides consultation to International corporations in the areas of New Product Development, Manufacturing, Packaging, Warnings and Instructions.
Dr Abraham's services include Expert Witness Testimony for both Plaintiff and Defense in matters involving Personal Injury and Product Liability.
In the United States, the most litigious country in the world, a products liability action may be brought, under state law, for express or implied breach of warranty, misrepresentation and negligence. Under the theory of strict liability, a lawsuit may be initiated on the grounds of manufacturing and design defects as well as poor and inadequate warning instructions. The best defensive strategy for a company to avoid becoming involved in any of the above is to manufacture the safest product possible within parameters of economic feasibility. If said manufacturer can vouch for safety factors in the design, production, testing, inspection and evaluation of its product as well as attentiveness to consumer complaints, it will be more likely to avoid litigation or at least be able to prevail in the courtroom.
Jason Young, BESc., MASc, PEng, is the President of Advantage Forensics Inc., a multi-disciplinary forensic engineering firm in Ontario with service across Canada and the U.S., including N.Y., Michigan, Ohio, Penn., Mass., Vermont, California, Nevada, Arizona, Texas, Missouri & Hawaii. Mr. Young is an outstanding seasoned expert in collision reconstruction, human factors, biomechanics, patent infringement, and waterparks with an exceptional track record at mediation and trial.
Our firm was VOTED #1 EXPERT WITNESS in Accident Investigation & Reconstruction in Canada. We have conducted thousands of forensic investigations with tremendous success at trial for our plaintiff & defence clients in:
Our team of over 30 experts and consultants provides the full complement of forensic, academic, research & courtroom experience.
Mr. Young is a licensed professional engineer and seasoned expert with over 20 qualifications at Superior Court level, over 20 publications, and 2500 forensic investigations with 1500 trial-ready reports over 20 years in Collision Reconstruction, Human Factors, Biomechanics, Patent Infringement, Road Design & Waterslide Design.
Mr. Young has a Masters in Biomedical Engineering and a Bachelors in Mechanical Engineering, as well as numerous certifications and contributions to standards in these areas. Mr. Young has provided seminars to law conferences for over 15 years on these topics. Mr. Young is a long-time member of CATAIR, HFES, CARSP, and ASTM. See our website at www.aforensics.ca for additional information. We also offer the option of fixed file quotes GUARANTEED within 10%. View Advantage Forensics' Consulting Profile.
Dr. Adam K. Aleksander, PhD, PE, CSP, has over 40 years of experience in the areas of Mechanical Engineering, Human Factors, and Safety Engineering. He combines both academic credentials and active work in industry to provide a grounded perspective in Product Liability, Industrial Incidents, Warnings, and OSHA related issues. He is also a VP of an Energy Services firm, with over 35 overseas assignments related to forensic services, power utility issues, and equipment failures.
Dr. Aleksander has been a practicing engineer since 1972, focusing his Manufacturing, Consulting and Forensic investigations on Problem Definition and Root Cause Analysis of complex problems in confidential issues. His firm has experience encompassing an enormous variety of claims, from large $45 million dollar dam claims, to environmental clean-up claims, to small road construction claims. His litigation services often involve reconstruction, perception reaction studies, warnings, equipment operation, mechanical failures, industrial accidents, skiing, and bicycling injuries.
As an Expert Witness, Dr. Aleksander has worked with many clients, including plaintiff's and defendant's attorneys, both civil and criminal, attorneys representing corporations, corporations in the power utility area, and corporations that produce products. His services are also available to insurance executives with complex claims issues that involve industrial or utility related losses. Dr. Aleksander has been retained over 125 times in a wide range of technical investigations.
Product Liability - Design, Manufacturing and Marketing Defects, Involving Damage, Injury or Fatality
Equipment Failures - Proximal Cause of Failure with Contributing Factors
Human Factors, Visibility, Ergonomics, and General Research Issues - Product Usability, Warnings, Instructions, Perception, Reaction Time, Visibility and Conspicuity Issues
Construction, OSHA, and Safety Engineering - Regulatory and Safety Issues
Dr. Randall Atlas AIA , CPP is a Registered Architect, NCARB certified, and he practices Criminal Justice Architecture and Environmental Security Design. Atlas is a certified protection professional (CPP) with the American Society of Industrial Security (ASIS), and is an appointed member of the ASIS Security Architecture and Engineering Committee. Atlas has his doctorate in criminology and a masters of architecture. Dr Atlas is a member of the American Institute of Architects (AIA) Architecture for Justice Committee.
Dr. Atlas has taught CPTED (Crime Prevention through Environmental Design) and criminal justice courses at Florida International University, Florida Atlantic University, and the University of Miami, Keiser University, and he is a trainer with the National Crime Prevention Institute at the University of Louisville. Dr. Atlas has been a technical Assistance consultant with the National Institute of Justice, National Institute of Corrections, and the Florida Department of Corrections and U.S. HUD Drug Elimination CPTED Program.
He has conducted ADA accessibility compliance audits for private and public sector clients, and served as an expert witness on over 200 premises liability lawsuits.
Dr. Atlas has been a speaker and trainer at security conferences from New Delhi, India to Seattle, Washington and has written over 200 articles in various publications on security, safety, and counter terrorism issues.
BETWEEN LATE 2009 AND MARCH OF THIS YEAR, a national baked goods chain with franchises in Broward County, Florida, experienced a series of nighttime burglaries that resulted in thousands of dollars in stolen cash and damaged property.
When it comes to the issue of safety in schools, it is important to remember that long before the students walk the halls, a design team creates the building and its grounds, envisioning the subsequent relationships with its occupants.
This is the first and only book of its kind dedicated to the contributions and importance of Crime Prevention Through Environmental Design (CPTED). It will educate the reader and design professional on the necessity of CPTED in reducing risks, threats, and vulnerabilities of and to our built environment post-9/11…
Keith M. Cianfrani, MAS, CRSP, a retired U.S. Army Lieutenant Colonel, the founder and owner, has over 30 years of aviation experience. He is a master army aviator, aviation safety officer, commercial pilot, instructor pilot, and was an accident investigator for the U.S. Army Safety Center.
Background - Mr. Cianfrani is rated in both rotary wing and fixed wing aircraft. As a safety officer, he has managed safety programs in organizations with over 100 aircraft stationed throughout 5 states. Mr. Cianfrani is currently an instructor for Embry Riddle Aeronautical University and Kansas State University. He is also presently attending Florida Institute of Technology (FIT) as a PhD Student in Aviation Science.
Mr. Cianfrani is a certified Flight Instructor (CFI) and has also worked in the civilian, commercial aviation industry. He has been flying for companies such as Petroleum Helicopters, Damin Aviation, Keystone Helicopters, Island Helicopters, and Chopper 6 and Chopper 3 in Philadelphia. He also has experience in the flight for life, aero medical evacuation industry.
Litigation Support - Keith Cianfrani specializes in Human Factors and Material Failure in Aviation Accident Investigations. He serves as an aviation safety consultant for the Federal Aviation Administration and FIT. An IS-BAO Certified Safety Auditor, he provides safety evaluations in accordance with Federal Aviation Regulations. His services are available nationally and internationally and include written reports, depositions, and trial testimony as needed.
Carl Berkowitz, PE, Ph.D., AICP, is a Transportation and Traffic Engineering expert with almost 50 years of expertise. He's held various managerial and administrative positions in the transportation industry, government, private, and academic sectors.
Dr. Berkowitz has extensive multi-modal experience in planning, design, engineering, safety, security, construction, maintenance, operations, and management. He has written and edited numerous reports, studies, articles, and columns for major publications, journals, newspapers and scholarly periodicals.
Transportation and Traffic Engineering Consultant, 1988 - Present
New York City Department of Transportation, New York, 1970 – 88
New York State Office of Planning Coordination, New York, 1967 - 70
New York State Department of Transportation, Babylon, NY, 1963 - 67
New York City Transit Authority, New York, 1962 - 63
Litigation Support - Dr. Berkowitz has served as a litigation consultant since 1997. He has the background and experience to make him ideally suited to contribute important information at every stage in the litigation process. Dr. Berkowitz is able to explain complex issues in layman terms, suggest strategies, investigate and uncover facts, perform literature reviews, research, and prepare safety evaluations. He has been deposed / testified over 50 times in the last 5 years.
H. Landis “Lanny” Floyd II, PE, CSP, CMRP, CRL, CESCP, Life Fellow IEEE, has over 45 years of experience in Electrical Safety in the Workplace. His work has advanced the application of Human Factors Engineering, Electrical Technology, and Safety Management Systems in preventing occupational electrical injuries. Mr. Floyd retired from DuPont in 2014, holding the positions of Principal Consultant - Electrical Safety & Technology, and Global Electrical Safety Competency Leader.
Background Experience - For the past 35 years, Mr. Floyd focused on electrical safety in the construction, operation, and maintenance of industrial and commercial facilities worldwide for DuPont. This included safety management systems, competency renewal, work practices, and the application of technologies critical to electrical safety performance. From 1992 to 2014, he led the team that designed and facilitated implementation of a strategy for continuous and sustainable improvement in occupational electrical safety for DuPont Global Operations. This work enabled breakthrough performance in prevention of serious injuries and fatalities from electrical energy in DuPont facilities worldwide. In 2013, Mr. Floyd was invited to join the faculty at the University of Alabama at Birmingham, where he teaches in the Advanced Safety Engineering and Management Master of Engineering degree program.
Litigation Support - Mr. Floyd has been providing expert witness services and litigation support for over 10 years. His expertise is available to counsel representing both plaintiff and defendant. Mr. Floyd's services include consulting, site inspections, testing, reports, depositions, and trial testimony when necessary.
Dr. Kevin A. Rider, PhD, PE, CPE of Forensic Human Factors, LLC., providing investigations and expert testimony regarding predictable human behavior, particularly as it relates to motor vehicle and pedestrian collisions, premises liability, and slips, trips and falls, the design and use of products, and adequacy of warnings/instructions. His work focuses on identifying the Human Factors Elements that lead to unfortunate incidents, and what should have been done to prevent them.
Dr. Rider is a Licensed Professional Engineer and Certified Professional Ergonomist, and has studied human movements and behavior, and served as a human factors consultant since 1999, including five years teaching industrial engineering and occupational safety courses at West Virginia University. He has presented at professional conferences, both nationally and abroad, and his research is published and cited in a number of peer-reviewed journals. He continues to serve as a reviewer for conference and journal manuscripts.
Dr. Rider has testified over 100 times, and excels at educating attorneys and jurors. His services are available to attorneys for both Plaintiff and Defense.
Areas of Expertise:
Driver Behavior - Cell Phone Use and other In-Vehicle Distractions
Product Liability - Design, Guards, Warnings, Adequacy of Instructions
Premises Liability - Sidewalks, Shopping Centers, Community Parks, Retail Displays
Slips, Trips, and Falls
Visibility and Lighting - Illumination and Conspicuity of Objects
Workplace Safety - Defective Products, Gross Negligence or Misconduct, Third Party Actions on Worksites
Christopher E. Janson, MS, CSP, CHMM is a Board Certified Safety Professional with 20 years of experience providing Accident Reconstruction and Failure Analysis services. Mr. Janson has held safety management positions with several Fortune 500 companies. He has also worked with a variety of firms as a consultant for the insurance industry.
Mr. Janson offers litigations support, expert witness, and testimony services for clients involved in safety related matters. His services are available to attorneys for both Plaintiff and Defense. Mr. Janson has been retained over 30 times in the last five years.
In essence, to warn is to place someone on advance notice of a danger or a potential danger. To warn requires that the person or people giving the warning have a superior knowledge of the harm or potential harm compared to the person or people exposed. Further, the person or the people who are warning must also have a superior knowledge of the means of reducing either the likelihood and/or the magnitude of the harm or potential harm as compared with the person or people exposed.
Air bag control modules utilize complex algorithms to make air bag deployment decisions based on crash severity related to the change in vehicle speed or deceleration over time. Due to the proprietary nature of air bag deployment algorithms, the velocity, acceleration, or displacement thresholds for air bag deployment during a collision are not easily obtained; however, a range of frontal barrier impact speeds and corresponding deceleration and displacement threshold values for air bag deployment can be approximated using known vehicle stiffness-to-weight ratios.
The purpose of this article is to distinguish the mechanism of knee injury (e.g., forward fall while foot is trapped, impact of knee on dashboard, chronic injury due to repetitive twisting, etc.) from the type of injury (e.g., torn meniscus, ruptured ACL, bursitis, etc
The experts at Miller Engineering are Ann Arbor-based professional engineers celebrating 30 years of service to University, Government, Insurance, and Industry through research, publications, presentations, and testimony. Miller Engineering has a staff of engineers and experts in the Mechanical, Chemical, Agriculture, Industrial, and Human Factors fields of engineering with specific knowledge in the following areas:
James M. Miller, PE, PhD – Founder Dr. Miller is an Emeritus Professor at the University of Michigan College of Engineering and a registered professional engineer and consultant with over 30 years of experience as an expert witness. He has served as a consultant to industry and government and is highly qualified to give engineering testimony.
Dr. Miller specializes in warnings, labeling and instruction manuals, consumer product design, machine guarding, process safety, fire science, vehicle visibility, tractor egress/ingress, pedestrian and worker slip and fall prevention, recreational vehicles (ATVs, boats, and personal watercraft), compliance with occupational safety and consumer safety standards (OSHA, MSDS, CPSC, ANSI, ASTM, UL, etc.).
Mark R. Lehto, PhD – Co-Founder Dr. Lehto is a Professor of Engineering at Purdue University. He completed his Ph.D. in engineering at the University of Michigan in 1985, where he specialized inHuman Factors Engineering, in particular Warnings and Labeling. He has taught courses at Purdue in human and safety factors areas, as well as decision making and artificial intelligence. He has authored numerous professionally-reviewed articles, and he has authored / coauthored internationally-recognized textbooks in the areas of human factors and ergonomics.
Dr. Lehto specializes in knowledge engineering, warnings and instructions, structuring expert systems, accident modeling, accident statistical analysis, consumer product safety, boating safety, in-field national surveys of product usage and product information effectiveness.
David R. Clark, PE, PhD – Co-Founder Dr. Clark is an Emeritus Engineering Professor at Kettering University. He was an engineering Ph.D. graduate from the University of Michigan, where he specialized in human factors engineering and system safety analyses. In particular, his earlier degrees in mechanical and electrical areas have given him a special expertise in electrical fire- and explosion-related accidents.
Dr. Clark is also published on the topics of warnings and labeling. With considerable in-plant experience at General Motors, he is uniquely qualified to provide student theses and design projects while teaching at Kettering that deal with many types of mechanical and optimization projects. Finally, he has extensive experience working for loss control companies, performing over 150 fire origin and cause investigations in the past few years.
Introduction to Human Factors and Ergonomics for Engineers, Second Edition presents and integrates important methods and tools used in the fields of Industrial Engineering, Human Factors and Ergonomics to design and improve jobs, tasks and products. It presents these topics with a practical, applied orientation suitable for engineering undergraduate students.
Emphasizing customer oriented design and operation, Introduction to Human Factors and Ergonomics for Engineers explores the behavioral, physical, and mathematical foundations of the discipline and how to apply them to improve the human, societal, and economic well being of systems and organizations.
Page Engineering is a professional consulting firm that combines Ergonomics, Industrial Engineering, and Health and Safety expertise. They have served industry leaders in the areas of Transportation, Shipping, Manufacturing, and Health Care throughout the United States and Canada. Established in 1994, their approach is bolstered by years of litigation scrutiny and backed by extensive application of ergonomics, human factors, epidemiologic, and occupational medical scientific literature. They specialize in human factors and ergonomics assessments, including both acute and cumulative exposures and their hands-on approach is backed by extensive research and measurement of actual work exposure to occupational physical factors and workplace design.
Litigation Support - The professionals at Page Engineering provide forensic engineering and root cause analysis expert witness services to counsel representing both Plaintiff and Defense. Their areas of expertise include:
Biomedical Injury Analysis
Biomechanical Injury Analysis
Health and Safety
Physical Demands Assessments
Occupational Accident Reconstruction
Occupational Risk Management
Return to Work
Regulatory and Consensus Standard Initiatives
George B. Page, CPE, is a Certified Professional Ergonomist. Since founding Page Engineering, Mr. Page has been providing ergonomics services, integrating multiple disciplines (industrial engineering, safety, health, business, regulatory) to provide effective results, whether in the application of job analyses and job improvement processes or in physical job demands analyses. His experience includes conducting ergonomics analyses and research in the railroad industry, primarily, and in heavy industry, in general, for over 30 years. Clients include: Union Pacific Railroad, Kansas City Southern Railways, Association of American Railroads, FedEx, American Petroleum Institute, Food Marketing Institute, Food Distributors International, Blue Water Bridge Authority, USPS. His expertise includes job exposure assessments, physical demands assessments, accident reconstruction, forensic engineering.
Greg G. Weames, CPE, CCPE, CRSP, is a Certified Professional Ergonomist who provides forensic services regarding Musculoskeletal Injury / Disorder Risk and expert testimony. Since joining with Page Engineering, Inc., Mr. Weames has been asked to provide consulting services in ergonomics for over 500 cases involving civil lawsuit work-related injury/disorder claims. With training, education and experience in musculoskeletal injury and musculoskeletal disorder as a focus, he applies generally accepted methodology in his analysis of causation to a reasonable degree of scientific certainty. Mr. Weames has his expert witness experience from within the railroad industry, which includes transportation, construction maintenance, mechanical shop, communications and office environments which support a large variety of jobs and work tasks. Over the past 20 years of providing expert witness services, Mr. Weames has relied on independent, objective measurements of claimed exposures to occupational physical factors and the epidemiologic scientific literature, relevant ergonomics guidelines and standards to support his opinions. Mr. Weames has given depositions and has appeared at jury trials in both State and Federal US Court during his years doing expert witness work.
Stephen D. Fleming, CPE, CXLT, is an Industrial Engineer / Ergonomist whose background includes analyzing work environments and work tasks using industrial engineering work measurement methods and risk assessment models for different body regions. His expertise is in assisting industrial clients in applying ergonomics to workplace processes, tools, and equipment, including all major North American railroads, FedEx, Ford Motor Company, Lear Seating, USPS, and the Blue Water Bridge Authority. Mr. Fleming has been acknowledged for developing and implementing a methodology for measuring and analyzing exposure to whole-body vibration (WBV) and hand-arm vibration (HAV).
Dr. J. P. Purswell, PhD, PE, CPE has extensive experience in Human Factors, Ergonomics, and Safety Engineering. He holds a doctorate in Industrial & Systems Engineering from Virginia Tech. He has taught Safety Engineering and Ergonomics in the Industrial Engineering Department at CSU-Pueblo since 1999.
A member of the Human Factors and Ergonomics Society and the American Industrial Hygiene Association, Dr. Purswell also served as the Chair of the Industrial Engineers PE exam from 2005 to 2009. He continues to serve on the committee which is responsible for the preparation of the national professional engineering examination in industrial engineering.
Dr. Purswell is the author of more than 20 publications and presentations on Product Safety, Occupational Safety, Printed Warnings, and Auditory Warnings. Examples of products addressed include silica, asbestos, cleaning chemicals, gasoline containers, and recreational equipment. Dr. Purswell maintains NIST-calibrated equipment for the measurement of light, sound, force, and whole-body and hand-arm vibration in addition to standard photo and video equipment.
Litigation Support - An Expert Witness in the legal industry since 1997, Dr. Purswell has been qualified as an expert in state and federal courts across the nation in safety engineering, including safety analysis techniques such as Fault Tree Analysis and FMEA as well as product warnings / instructions and OSHA compliance issues. His services include site inspections, document review, drafting Rule 26-compliant reports, deposition, and trial testimony. He has been retained by attorneys for both Plaintiff (40%) and Defense (60%) more than 100 times, has been deposed approximately 50 times, and has testified at trial over 20 times.
Areas of Expertise:
Warning and Safety Instructions
Chemical Accident Prevention
Lockout / Tagout & Machine Guarding
Trucks and Forklift Accidents
Power Tools Safety
Hazard Communication - Audible Alarms
Employer Safety Training and Supervision
Perception / Reaction Time
Ergonomic Work Practices
Working and Walking Surfaces - Slip, Trip and Fall
In 2005 a summary of "General Duty Clause" citations issued for ergonomic hazards was published (Purswell & Purswell, 2005). That summary showed that the primary area of ergonomics citation activity under the "General Duty Clause" (paragraph (5)(a)(1) of the OSHAct of 1970) by OSHA to that point had been concentrated in nursing homes, peaking in 2002 and 2003.
The purpose of the current study was to update and expand upon an earlier study performed to review and categorize OSHA accident investigation records for pedestrian-backing vehicle accidents according to whether the backing vehicle had a backup alarm and whether the alarm was installed and functioning as intended. The current study includes an analysis of additional records as well as the business type (SIC code) of the employer.
R. Kevin Smith PE, BSME, MMAE, has been a specialist in Engineering Forensic Safety and Design for 35 years. He has consulted on over a 1,000 matters nationwide.
Mr. Smith is a registered professional engineer and holds a BSME and MMAE from the Illinois Institute of Technology in Chicago. He specializes in Material Handling Equipment Safety, including lift trucks, dock safety, truck loading, conveyors, and aerial work platform safety.
Mr. has been actively involved as a member of the committee that writes the Safety Standard for Low Lift and High Lift Trucks (ASME/ANSI B56.1) for over 30 years. He also serves on the B56.6 committee (rough terrain lift trucks) and the ANSI A92.5 and A92.6 subcommittees (self-propelled elevating work platforms).
Litigation Support - Mr. Smith formerly worked for Triodyne, Inc. for over 15 years as a forensic engineer/principal engineer. As President of R. K. Smith Engineering Inc., he currently has a laboratory for examination and testing, and owns or has access to varied testing equipment and tools.
Kevin Smith has testified at depositions and trials on several hundred matters. He has performed hundreds of investigations into product failures involving injury and property damage, and has reconstructed numerous accidents. His expertise is available to counsel representing both Plaintiff and Defendant. Mr. Smith also is on the Adjunct Math faculty at Prairie State College.
Stephen M. Raffle, M.D. is double Board-Certified in Psychiatry and Forensic Psychiatry. Dr. Raffle has over 49 years as a clinical and forensic psychiatrist offering his expert opinion in Federal and State jurisdictions nationwide. In addition to serving as an expert witness, Dr. Raffle consults to attorneys, judges, insurers, and to employers regarding Fitness for Duty and Risk of Violence (Threat) Assessment:
5000+ psychiatric assessments
Expert testimony in 700 depositions and trials
Successful clinical practice
The job of an expert witness is to educate a jury, judge, attorney, and trier of fact about the forensic psychiatrist's conclusions and how those opinions were derived in a manner well-reasoned, skillful, and easily understood by every person, not only another forensic psychiatrist. In short, an educator. Dr. Raffle’s experience as an educator extends well beyond a forensic venue, yet underpins the key to his ability to explain his opinions.
Prof. of Psychiatry, UCSF Medical School, 20 years
U.C. Hastings College of the Law postgraduate course "Trial and Appellate Advocacy" instructing seasoned attorneys about the direct and cross-examination of expert witnesses, with special focus on mental health experts and licensed medical professionals, Psychiatrists (MDs), Psychologists (LCSWs / MFTs), and physicians in other medical specialties, 11 years
Stephen M. Raffle, M.D. & Associates' expertise is well-established in forensic assessment in the areas of:
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.
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.
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.
My teacher and mentor, Dr. Bernard Diamond, pondered the question about the role of the psychiatric expert and other experts in the courtroom. My first public presentation was to the American Criminology Society on this topic, and it has continued to occupy my attention to the present
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
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