March 13, 2018 Articles

Appeals Court Will Not Second-Guess Trial Court’s Expert Witness Credibility Determinations

Better preparation of the estate’s expert witness might have led to a different result

by Rose Leda Ehler

Phillip Madden suffered from a number of medical conditions, including morbid obesity. On December 28, 2007, Madden had an outpatient visit. His lab results were abnormal, which led to his admission to a V.A. hospital. Hospital staff allowed Madden to sit in a wheelchair because of the difficulty he had lying in bed. A few days later, Madden was found unresponsive in his wheelchair. In order to insert an endotracheal tube to resuscitate him, the staff transferred Madden from the wheelchair to the floor. It took 25 minutes to resuscitate him, but Madden never regained consciousness. He died on January 8, 2010.

Premium Content For:
  • Litigation Section
Join - Now