Specialties & Experience of this Expert Witness

Additional Information

Dr. Finkel received his BA (summa cum laude) with distinction in Biology from the University of Pennsylvania in 1968. He graduated from the Albert Einstein College of Medicine of Yeshiva University in 1973, 1st in his class, and president of his chapter of the national medical honor society, Alpha Omega Alpha. He did his Internship and Residency in Internal Medicine at the Columbia-Presbyterian Medical Center in New York City, and his Fellowship in Gastroenterology at the Mount Sinai School of Medicine, also in New York City, and the Bronx Veterans Administration Hospital, Bronx NY, 1976-1978. Dr. Finkel is board certified in GI and IM, and Assistant Clinical Professor of GI at the Icahn School of Medicine at Mount Sinai.. He has been in private practice since 1978, has published in peer-reviewed journals, and teaches GI endoscopy actively at Mount Sinai. He has testified in both plaintiffs' and defense cases for more than 35 years, including Federal Court. An experienced teacher, he is able to explain complex medical subjects to lay juries in easily understandable terms. Dr. Finkel testified in the landmark Massachusetts case Matsuyama v Birnbaum et al, permitting recovery for a loss of chance in a wrongful death action, where the jury found that the defendant MD's negligence deprived the plaintiff's decedent of a less than even chance of surviving stomach cancer. Dr. Finkel served as the GI consultant for the Ground Zero First Responders in the WTC litigation settled in 2010, stratifying the severity of GERD due to environmental exposure at Ground Zero. He also provided objective individual assessments used in the determination of disability awards, and testified on behalf of the First Responders with GZ-related GERD who opted out of the Zadroga settlement. William Groner, one of the lead attorneys in the GZ litigation, and author of "9/12 - The Epic Battle of the GZ Responders," with whom Dr. Finkel worked closely, wrote privately: "You were integral to the development of medical causation for GZ dust, and for that, I and thousands of my clients ... are forever grateful." He also served as expert GI consultant for the plaintiffs in the class action lawsuit against Daichi Sankyo over GI damages allegedly suffered by patients taking Benicar (olmesartan), settled in 2017 for $300 million. He also testified for the plaintiff in the landmark NJ case Ehrlich v Sorokin, in which the Appellate Court held in 2017 that an informed consent defense may not be invoked if the plaintiff does not allege defective or lack of informed consent. SERVICES: Objective expert medical testimony offered for plaintiffs' or defense counsel, depending on merits of case. Medical case reviews and evaluations for merit or defensibility, computer literature searches, and independent medical evaluations; Verbal and written reports delineating pertinent standards of care, alleged and potential deviations, proximate causation, and damages - or rebuttal of allegations, depending on the respective merits of each case; Meritless or indefensible cases will be identified early and presented to the attorney as such, if that is Dr. Finkel's opinion, in order to minimize further expenditures of the attorney's time and money; Articulate and credible testimony presented by an experienced clinician, teacher, and expert witness; Objective critical analysis of documents, testimony and expert reports, for both sides, and assistance in preparation of effective cross-examination strategies; Expedited reviews, reports, and testimony available. Curriculum Vitae, Retainer Agreement/Fee Schedule, and references provided on request. SPLENIC INJURY FROM COLONOSCOPY I do not believe, in general, that the occurrence of this known complication of colonoscopy bespeaks any deviation(s) on the part of the colonoscopist, but failure to diagnose this complication in timely fashion may well be a deviation from accepted standards of care.