Frequently Asked Questions

Are you still an active clinician?

I continue to be an active clinician, as I have for the last 40 years, seeing older people and their family members. I diagnose and treat mental illnesses, as well as consult on challenging cases. I continue to teach at the University of Chicago where I am a Professor of Clinical Psychiatry.

When did you begin working as an expert witness?

My first medico-legal experience occurred in the early 1970's when I was a consultant to Illinois' Federal Defender's program. My activity as a geriatric psychiatry expert witness began in the late 1980's.

What are the most common cases on which you are consulted?

I have been involved as an expert witness on contested wills. Most cases involve testamentary capacity, which can be influenced by dementia, depression, psychosis, medication effects, medical problems, and end of life issues. At the same time, many of these illnesses or conditions in and of themselves do not mean someone lacks testamentary capacity. I have also been called as an expert witness in "undue influence" cases. My first such case was the Hoover Estate (as in Hoover vacuum cleaner). I was retained by the plaintiff, and the judge ruled a summary judgment for the defense. However, the appellate court believed that, based on my submitted report, the matter needed to be remanded to trial, and the Supreme Court upheld this ruling.

Do you conduct competency evaluations for older people?

Yes, certainly. I have been called on to evaluate older people regarding decision making capacity for both person and for property. I have been asked to conduct evaluations regarding competency to stand trial, including a nationally prominent case.

Have you been retained in criminal cases?

Yes--in cases of elder abuse, murder and white collar crime.

What is your experience with personal injury cases?

I have been retained in cases in which older people have been involved in automobile accidents or other injuries. Further, I have been involved in liability cases in which a pharmaceutical company product is alleged to have injured an older person.

Have you been retained in cases of malpractice or nursing home liability?

Yes, this is an increasingly important area. There have been escalating numbers of cases involving physicians, nursing homes and hospitals.

Are you generally an expert witness for the plaintiff or for the defense?

I have been retained approximately equally for the ¬İplaintiff and the defense and try to assist both in understanding the geriatric psychiatry key issues.

Can an attorney expect that you will support their client's position?

In about one quarter of the cases on which I have consulted, I do not feel that my background and expertise is appropriate, and I refer elsewhere. Of those remaining, approximately half of the time I feel that the side that has retained me has a preponderance of evidence that would allow me to testify with reasonable degree of medical certainty. Therefore, approximately, half of the time I may not be supportive of the lawyers' clients' position. However, even in these cases, I may be retained to evaluate records to help the attorney understand the problems that exist in the case and, further, what they would need to do to obtain further information in support of their postion.

Have you been involved in cases outside of Illinois?

Besides Illinois I have been consulted on cases in other states, including Florida, Indiana, Iowa, Michigan, Minnesota, New York, Ohio and Texas.

What special honors have you received in geriatric psychiatry?

I have received the principal awards for excellence in geriatric psychiatry from the three major organizations in my field: The American Psychiatric Association, The American Association for Geriatric Psychiatry, and the International Psychogeriatric Association I have been listed regularly in Castle Connolly's Best Doctors in America.

Do you anticipate that there will be growing activity in geriatric psychiatry?

Yes, I believe that with the increase in older people in our country it is inevitable. As 77 million baby boomers reach the age of 65 years, we will see a rapid expansion in all matters that I have described above. The coming baby boomers so we can anticipate will be more conversant with their rights and with a higher degree of comfort in the legal and judicial system, we can anticipate a substantial increase in the need for geriatric psychiatry and forensic services.