Dr. Joel L. Nitzkin

JLN, MD Associates, LLC
4939 Chestnut Street
New Orleans, LA 70115-2941
Web Site
Phone: 504-899-7893
Fax: 504-899-7557

I am a public health physician, turned policy consultant and expert witness. In addition to my medical and public health training, I have a Doctorate in Public Admininstration and Board Certification in Public Health/General Preventive Medicine. Since the early 1990's I have used my unique combination of medical, public health and policy/management skills to do a fair amount of teaching and research, consult, and participate in a variety of federal advisory panels. My initial training in public heatlh and much of my experience to date has been in communicable disease control, in both community and health facility settings. Correctrional (Jail and Prison) health issues have been another area of concentration, as has been healthcare quality assurance in a variety of inpatient and other settings.

Background

Q: Please list your professional accreditations, degrees, licenses, and certificates granted:
A: Physician, Board Certified in Public Health and General Preventive Medicine. Masters degree in Public Health; Doctorate in Public Administration. Currently licensed to practice medicine in Louisiana.

Q: Please list your affiliations or memberships in any professional and/or industry organizations:
A: American Associaiton of Public Health Physicians, American College of Preventive Medicine, American Medical Association; American Public Health Associaiton; American Society for Public Adminsitration

Q: Please list any teaching or speaking experience you have had, including subject matter:
A: Have taught and spoke at national meetings on communicable disease control, telemedicine, long term care and administrtion/policy/management as it applies to public health and health care delivery. Hve been on faculty of multiple medical schools and schools of public health in Florda, New York, Louisiana, Maryland and Virginia.

Q: Have any of your accreditations ever been investigated, suspended or removed? (if yes, explain)
A: Never -- but I have allowed medical licenses in Michigan, Kentucy, California and Florida to lapse this last year through non-payment of dues, since I saw no further reason to maintain them on a current basis (since I am now 67 and do not anticipate relocating)

Q: On how many occasions have you been retained as an expert?
A: 64 times since January 1, 2000. Before that I did not keep track of expert witness retentions because I considered them part of my public sector job responsibilities.

Q: For what area(s) of expertise have you been retained as an expert?
A: Healthcare quality (including nosocomial infections and long term care), food poisoning, correctional health and community acquired infectious diseases, especialy MRSA since 2000. Prior to that time I was also called as an expert in several cases related to tobacco-related health issues.

Q: In what percentage of your cases were you retained by the plaintiff?
A: Since 2000, about 2/3 plaintiff, 1/3 defense.

Q: In what percentage of your cases were you retained by the defendant?
A: Since 2000, about 1/3 defense.

Q: On how many occasions have you had your deposition taken?
A: Since 2000, somewhere between 8 and 15.

Q: When was the last time you had your deposition taken?
A: October 15, 2008 (as updated 11/17/08).

Q: On how many occasions have you been qualified by a court to give expert testimony?
A: Because I am a physician who has not and does not see patients in a clinical setting (my work has been policy, admininstration and epidemiologic investigation), I have faced Daubert challenges from almost every contested case I have been involved in. To date, I have prevailed on every single one of these Daubert challenges.

Q: On how many occasions have you testified as an expert in court or before an arbitrator?
A: I have testified in court about a half-dozen times since 2000. I don't recall any before an arbitrator.

Q: For how many years have you worked with the legal industry as an expert?
A: Prior to 2000, I probably served as an expert witness on one or two cases a year since the early 1970's. I did not keep records of these court appearances since I considered them to be part of my public sector job. Since then I have marketed my services and served in 64 cases

Q: What services do you offer? (E.g.: consulting, testing, reports, site inspections etc.)
A: For Expert Witness work I offer consulting, record review, literature search, generation of reports, depositions and court appearances. I do not personally examine patients or do environmental site visits. Otherwise, I do teaching, research, and consulting with both public health and healthcare agencies, most often as a "Mr. Fix-it" for programs or agencies that are not doing well.

Q: What is your hourly rate to consult with an attorney?
A: $600 (2008)

Q: What is your hourly rate to review documents?
A: $600 (2008)

Q: What is your hourly rate to provide deposition testimony?
A: $800 per hour, with a two-hour minimum. (2008)

Q: What is your hourly rate to provide testimony at trial?
A: $3,200 per half day (2008)

Q: Please list any fees other than those stated above (E.g.: travel expenses, copy fees, etc.)
A: expense reimbursement for travel costs and notary fees. $150 per hour for time in transit. (2008) I don't charge for phone-related or copy costs.

References

Richard E. Ramsey
Wicker, Smith, O'Hara, McCoy, Graham & Ford PA
50 N. Laura St, Suite 3150
Jacksonville, FL 32202
phone 904 355 0225
E-mail: rramsey@wickersmith.com

Ed Taulbee IV
Taulbee & Associates
100 ASMA Blvd, Suite 2038
P.O.Box 2038
Lafayette, LA 7052-2038
Phone: 337 269 5096
Fax: 337 269 5096

Patrick F. Robinson
Law Offices of Keith. S. Giardina
9100 Bluebonnet Blvd Suite 300
Baton Rouge, LA 70809
Phone 225 293 7272
Fax 225-291-3308

Publications