Expert Witness
Orthopedic Expert Medical Witness
An orthopedic expert medical witness is someone with an expert level of knowledge often called upon by a defense or plaintiff attorney to give an opinion regarding a medical evaluation and treatment that is in dispute. In orthopedics an expert medical witness is usually board certified by the American Board of Orthopedic Surgery, a member of the American Association of Orthopedic Surgeons, may have a subspecialty focus with membership to a subspecialty society such as the American Foot and Ankle Society, and is a member of the AAOS Expert Witness Program.
Expert Medical Witness provides multiple services. These services typically include: Medical Record Review, Independent Medical Evaluations, Expert Chart Review, Functional Capacity Assessment, Depositions, Court Testimony, Attorney Conferences, and Phone Conferences
He has built a reputation on providing an unbiased and professional opinion for both Plaintiffs and Defendants.
Area of Expertise:
General Orthopedics
Foot and Ankle Surgery
Podiatry
Trauma Orthopedics
Independent Medical Evaluation
The independent medical evaluation is a one-time medical examination performed by a health-care professional not involved in the care of the examinee for the purpose of providing information about the examinee to a third party.
Despite there being no physician-patient relationship, I will always conduct myself in a manner according to the professional code of ethics and will answer the specific questions about the case in an unbiased fashion.
Dr. Gendy has two office locations where IME’s can be performed. Alternatively IME’s can be performed offsite at the request of legal counsel.
The Second Opinion Evaluation
A second opinion typically is an evaluation for a question such as ‘is surgery appropriate in this case?’ or ‘is there another treatment that might be considered?’ It is included to differentiate it from an IME. It may be requested by another physician, a third-party payer, or a patient who is seeking an independent assessment of his or her treatment options.
Expert Review of Records
or
Expert Chart Review
A Chart review is a review of medical records submitted and an assessment of the outstanding issues based solely on those records. It is usually less complex than an IME, although some complicated cases can be incredibly difficult. When performing a chart review at the request of an attorney, I may be called on to act as an advisor or consultant. This action could involve assisting the attorney in his or her strategy. Although I am not acting impartially as in an IME, rendering an honest assessment will help the attorney judge the merit of the case and, hence, its ultimate resolution.
For a chart review please send the records to be reviewed along with a letter explaining your needs. An oral opinion and/or written response will be provided.
Functional Capacity Assessment
Functional Capacity testing, functional capacity evaluation (FCE), or functional capacity assessment (FCA) is an evaluation of specific physical activities, such as lifting, bending, pushing, pulling, and running, in relation to both the demands of a job and activities of daily living. The the context of worker’s compensation the IME physician will be asked to give the examinee’s work capacity, which is based primarily on lifting requirements . This is usually done using he criteria of Dictionary of Occupational Titles.
We believe that and FCA can rarely and reliably be done during the one-time encounter of an IME. An FCA should be done historically, based on what the examinee states that he or she can specifically do. A formal FCA should be ordered if more objective testing would be helpful to the third party requesting an IME.
Deposition Expert Witness Testimony
This is an oral testimony under oath before an officer of the court and taken down by a court reporter; may be taken at any location but usually is held at an attorney’s office or the witness’s place of business.
Depositions can be requested at an hourly rate.
Court Trials or Arbitration
Expert Witness Testimony
In major cases, presentation of a ‘live’ witness is preferred to the presentation of a so-called ‘canned,’ or videotaped, deposition. One reason is that issues in the case may change after the deposition has been taken, and a different approach may be needed in preparing an expert for trial. In addition, it is extremely difficult to capture and maintain the jury’s interest in a videotaped presentation.
This can be requested at 1/2 day minimum or full day increments.
George Gendy, MD is a board certified fellowship trained orthopedic surgeon whose practice includes but is not limited to foot and ankle surgery and general orthopedic surgery. Dr. Gendy completed his Foot and Ankle Orthopedic Fellowship with UC San Francisco’s world renowned Prof. Roger Mann, MD, the lead FDA investigator for the STAR total ankle replacement and creator to one of the most successful corrective bunion surgeries. He then received a research grant and concluded his training with an unparalleled international and domestic orthopedic traveling fellowship in Switzerland, Germany, Duke University, and the Steadman Clinic to name a few.
Dr. George Gendy has had extensive training in treating many athletes on the professional, collegiate, and high school level. He is one of a few Orthopedic Surgeons to offer total ankle replacement as a viable alternative to ankle fusions. He is dedicated to providing comprehensive foot and ankle care to his patients from the toenail on up. Dr. Gendy enjoys treating all podiatric disorders including bunions, hammer toes, painful flatfeet, Achilles tendon rupture, Morton’s neuroma, foot and ankle fractures and many more. He understands that not all problems are solved with surgery; in fact many conditions can be treated with appropriate shoe modifications or proper stretching.
Dr. Gendy is recognized as an expert in his practice. Patients often seek him out for second opinions and approximately one-third of his surgical practice involves revision surgery.
Dr. Gendy is an active member of the American Academy of Orthopaedic Surgeons (AAOS) the American Orthopaedic Foot and Ankle Society (AOFAS), and the Western Orthopedic Association (WOA).
He holds medical licenses in the states of California and Arizona.
Expert Witness Affirmation Statement
The American Association Of Orthopedic Surgeons has list of ten declarations to uphold professional principles in providing expert evidence or expert witness testimony.
As a member of the medical profession and a Fellow or Member of the American Academy of Orthopaedic Surgeons/American Association of Orthopaedic Surgeons (AAOS), I affirm my duty, when giving evidence or testifying as an expert witness, to do so solely in accordance with the merits of the case. Furthermore, I declare that I will uphold the following professional principles in providing expert evidence or expert witness testimony:
1. I will always be truthful.
2. I will conduct a thorough, fair and impartial review of the facts and the medical care provided, not excluding any relevant information.
3. I will provide evidence or tesity only in matters in which I have relevant clinical experience and knowledge in the areas of medicine that are the subject of proceeding.
4. I will evaluate the medical care provided in light of generally accepted standards nor endorsing or condoning performance that falls below these standards.
5. I will evaluate the medical care provided in light of generally accepted standards that prevailed at the time of the occurrence.
6. I will state where my opinion honestly varies from generally accepted standards.
7. I will provide evidence or testimony that is complete, objective, scientifically based, and helpful to a just resolution of the proceeding.
8. I will make a clear distinction between a departure from accepted practice standards and an untoward outcome, making every effort to determine whether there is a causal relationship between the alleged substandard practice and the medical outcome.
9. I will submit my testimony to scrutiny, if requested, by professional organizations, hospitals, peer review bodies, and state medical and/or licensing boards, as appropriate.
10. I will not accept compensation that is contingent upon the outcome of the litigation.
Guidelines of Conduct of the American Board of Independent Medical Examiners
Physicians should:
1. Be honest in all communications;
2. Respect the rights of examinees and other participants, and treat these individuals with dignity and respect;
3. At the medical examination:
4. Introduce himself/herself to the examinee as the examining physician;
5. Advise the examinee they are seeing him/her for an independent medical examination, and the information provided will be used in the assessment and presented in a report;
6. Provide the examinee with eh name of the party requesting the examination, if requested;
7. Advise the examinee that no treating physician-patient relationship will be established;
8. Explain the examination procedure;
9. Provide adequate draping and privacy if the examinee needs to remove clothing for the examination.
10. Refrain from derogatory comments; and
11. Close the examination by telling he examinee that the examination is over and ask if there is further information the examinee would like to add.
12. Reach conclusions that are based on facts and sound medical knowledge and which the independent medical examiner has adequate qualifications to address;
13. Be prepared to address conflict in a professional and constructive manner;
14. Never accept a fee for services which are dependent upon writing a report favorable to the referral service; and
15. Maintain confidentiality consistent with he applicable legal jurisdiction.
You’re In Great Hands
We make sure all our clients feel welcome, safe, and taken care of. During your first IME, Dr. Gendy may request new X-rays on site. His office is conveniently equipped to handle your comprehensive IME needs. He will review your medical records, obtain a comprehensive history, and perform a thorough physical exam. Reports can often be generated within 24 hours for expedited turn around if needed.
For a shorter time in the waiting room, please fill out the New Patient Form and email it to us before your visit.
Fee Schedule
Dr. Gendy has a standard fee schedule that will fit the amount of work you require. It can be e-mailed upon request.
Aggravation
Preexisting condition has been made significantly worse by a second condition or event.
AMA Guides
Guides to the Evaluation of Permanent Impairment published by the American Medical Association is the most widely used tool for the evaluation of functional impairment.
Apportionment
An estimate, usually expressed as a percentage of the degree to which each of several factors caused or contributed to the impairment or disability.
Capacity
Whether or not a person has the ability to perform specific tasks.
Causation
Legal or administrative system determination of the cause or causes of the injury or illness that has resulted in a permanent or temporary impairment.
Chart Review
Review of medical records submitted and an assessment of the outstanding issues based solely on those records.
Common Law
Prior judicial decisions (precedents) that impose obligations and liability on certain persons.
Cross Examination
The questioning of a witness by the party opposed to the one who produced him or her, upon evidence given, to test its truth.
Deposition
Oral Testimony under oath before an officer of the court and taken down by a court reporter; may be taken at any location but usually is held at an attorney’s office or the witness’s place of business
Direct examination
The questioning of a witness by the party on whose behalf he or she is called.
Disability
Inability to perform a task successfully because of an insufficiency in one or more areas of functional capacity; physical function, mental function, agility, dexterity, coordination, strength, endurance, knowledge, skill, intellectual ability, or experience; limitation in work activities or the activities of everyday living resulting from impairment; the fit between ability and function in a job.
Evidence
Testimony heard at trial and the documents admitted at trial.
Expert
Any person who by knowledge, skill, experience, training, or education has scientific, technical, or other specialized knowledge that will aid the judge or jury in determining the facts at issue in a lawsuit,; the knowledge must be of a type not normally possessed by the general public or for which the expire has some special expertise.
Functional Capacity Assessment (FCA)
Evaluation of specific physical activities, such as lifting, bending, pushing, pulling, and running, in relation to both the demands of a job and the activities of daily living. Also, functional capacity evaluation or functional capacity testing.
Impairment
Anatomic or physiologic loss of structure or function.
Independent medical evaluation (IME)
A one-time medical examination performed by a health-care professional who is not involved in the care of the examinee for the purpose of providing information to a third party.
Interrogatories
Written questions posed by one party to the other party in litigation; may relate to the facts of the case, potential evidence at the trial, subject matter on which an expert witness is expected to testify, substance of facts and opinions to which the expert is expected to testify, and a summary of the grounds for each opinion.
Light Duty
Means of specifying the amount of work a person may do in terms of force exerted
Limited Duty
Means of specific the amount of work a person may do in terms of time on the job.
Malingering
Pretending incapacity (such as injury or illness) to avoid duty or work.
Maximum Medical Improvement (MMI)
The condition from which the examinee is not expected to improve significantly with reasonable medical treatment.
Medically Possible
50% or less of the evidence favors the event in question as the cause.
Medically Probable
50% or more of the evidence favors the event in question as the cause.
Risk
Chance of an adverse event occurring, either aggravation of the condition or a new injury.
Second Opinion Evaluation
Evaluation to answer a question such as “is surgery appropriate in this case or is there another treatment that might be considered?”
Somatization
Expression of psychological needs in physical symptoms, such as conversion into physical symptoms a wish for material gain in legal action following injury.
Statutes
Written documents that explicitly define certain rules and duties, often subject to differing interpretations.
Symptom Magnification
Exaggeration of pain, disability caused by injury or illness
The Law
Term used by attorneys to refer to the controlling rules of litigation, made up of statutes, regulations, and common law; varies from state to state and from state courts to federal courts.
Waddell Sign
One of five criteria to determine the presence of somatization, symptom magnification, or malingering.
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