Advanced Strategies for Cross-Examination of Expert Witnesses: Medical experts, finding soft spots, and controlling the witness

Alexander Sikoscow | Kaufman Borgeest & Ryan LLP

Alex is a partner whose practice focuses on the defense of healthcare professionals in the field of Medical Malpractice. He has effectively defended complex medical negligence claims on behalf of a wide range of medical specialists, nurses, and healthcare institutions.

Throughout his career, he has obtained favorable outcomes for his clients both before and at trial. Alex has successfully argued appeals in the New York State Appellate Department and has been involved in defending nationwide class actions, as well as lawsuits consolidated by the Judicial Panel on Multidistrict Litigation that have centered on products liability.

Alex currently serves as the Chair of the New York City Bar Association Medical Malpractice Committee. In addition, he has served as Faculty at New York City Bar Association CLE programs regarding Medical Malpractice and has been an invited panel speaker to law students on the topic of Medical Malpractice. Alex has been named one of the top-rated medical malpractice attorneys by Super Lawyers magazine for the years 2021-2023. Each year no more than 5% of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.

Louis R. Cohan | Cohan & Levy

For more than 30 years, Mr. Cohan has been litigating business and employment disputes. Mr. Cohan has been recognized for his trial experience by admission into the American Board of Trial Advocates. Mr. Cohan has litigated more than $800 million in claims for his clients.

Mr. Cohan is actively involved in the business and legal communities. Mr. Cohan has served as Chair of the Litigation Section – the largest section of the Atlanta Bar Association. Mr. Cohan has also chaired the Small Firm section of the Atlanta Bar Association. Mr. Cohan has served on the Board of Directors for the Atlanta Bar Association and has chaired the Atlanta Bar Foundation – the charitable arm of the Atlanta Bar Association.

Mr. Cohan has received awards and recognition for his community and legal work. These awards include Super Lawyer, Legal Elite, Martindale-Hubbel’s preeminent AV rating, American Board of Trial Advocates, America’s Top 100 Attorneys, and the Celebrating Service Award. For many years, Mr. Cohan has chaired the Legal Run Around 5k road race, raising money for the children of injured and fallen Atlanta Police Department officers, and Mr. Cohan has donated blood platelets more than 220 times…and counting.

Mr. Cohan attended Riverwood High School in Atlanta. During high school, Mr. Cohan was admitted into MENSA. Mr. Cohan attended the University of Georgia where he received a B.S. in finance. During college, Mr. Cohan was president of Alpha Epsilon Pi fraternity. Mr. Cohan attended Emory School of Law where he received his J.D. During law school, Mr. Cohan was awarded the Douglas L. Peabody award for best oralist in his moot court competition.

Daniel R. Shulman | Shulman & Buske

With an illustrious career spanning five decades, Dan Shulman stands as a distinguished trial lawyer renowned for his prowess in complex commercial and civil rights litigation. Since his admission to practice in Minnesota in 1970, Dan has been at the forefront of legal advocacy, successfully trying lawsuits in state and federal courts across Minnesota and various other states.

A trailblazer in his field, Dan holds memberships in prestigious legal organizations, including the International Academy of Trial Lawyers, the American College of Trial Lawyers, and the Litigation Counsel of America, where he serves as a Fellow Emeritus.

Recognized for his exceptional legal acumen, Dan was honored as a Minnesota Lawyer of the Year in 2012 and 2018. In 2021, his dedication to excellence earned him a coveted spot in The Best Lawyers in America, acknowledged for his expertise in Antitrust Law, Bet-the Company Litigation, and Commercial Litigation.

Dan’s academic journey reflects a commitment to intellectual rigor, with a Bachelor of Arts degree cum laude from Harvard College (1965), a master’s degree in English Literature from Yale University (1967), and a Juris Doctor degree with honors from Harvard Law School (1970).

Beyond his remarkable achievements, Dan continues to shape the legal landscape, leaving an indelible mark on the profession through his unparalleled experience and unwavering dedication.

Session I – Strategies for an effective cross-examination of the medical expert witness | 11:50am – 12:50pm

• The basics: style, precision, controlling the witness, listening | 11:50am – 12:05pm
• The plan of attack: identifying weaknesses and establishing achievable goals | 12:05pm – 12:20pm
• The execution: how to effectively implement your plan and be the voice of reason | 12:20pm – 12:35pm
• The collateral attack: optimization | 12:35pm – 12:50pm

Break | 12:50pm – 1:00pm

Session II – Cross examination of expert witnesses – The blackbelt class | 1:00pm – 3:10pm

• Get to the point | 1:00pm – 1:30pm
• How to eat an elephant? One bite at a time | 1:30pm – 2:00pm

Break | 2:00pm – 2:10pm

• Find the soft spots | 2:10pm – 2:40pm
• Control the witness | 2:40pm – 3:10pm

Break | 3:10pm – 3:20pm

Session III – Effectively cross-examining experts | 3:20pm – 4:20pm

• Using your own expert | 3:20pm – 3:32pm
• Knowing your own limits | 3:32pm – 3:44pm
• Exposing bias | 3:44pm – 3:56pm
• Deflating a stuffed shirt | 3:56pm – 4:08pm
• Using the expert’s deposition | 4:08pm – 4:20pm