Doctors and Financial Records

This doctor in a case John Bratt tried recently was not, ah, particularly comfortable with his own explanation of why he destroyed 1099s that came to him. Gee, I wonder why that would be? Could it be because there is not an accountant in history that actually recommends not looking at and then destroying tax documents?

This is the testimony at trial:

I'm not going to name the expert because I don't think it is right to raise these issues online because the expert does not get to argue his position. (This blog typically does not name any non-public figures.) But, really, how do you defend this answer?

• Financial Bias (my blog post on this subject last month)
• Cross examining defense experts: ideas on cross examination (includes an interesting comment by a well respected Maryland doctor on the issue of whether gross income is relevant)
• Response to motion for protective order
• Falik v. Hornage (2010 Maryland Court of Appeals Case)
• LawyersUSA Article on IMEs (with quotes from me)
• Outline for Cross of Defendant's Expert in an Accident Case
• Sample Cross of IME Doctor