Frequently Asked Questions
1. What are molds and mycotoxins?
There are excellent explanations on websites in their FAQs.
Please refer to these websites for a good start to your questions:
2. What is the purpose of Medical Service Consultation, P.A. (MSCPA)?
MSCPA was formed in 2005 with a charter to better explain what molds and mycotoxins are and how they can/can not be a cause of a patient’s health conditions or how the mycotoxins and mold affect patients in a mold contaminated home or building.
3. What can MSCPA do for me as a patient or help me in evaluating my living/working space for potential molds and/or mycotoxins?
MSCPA has a medical department led by Dennis G. Hooper, M.D., PhD. (see About Us). They are available for discussions about these contaminants in patients and building. It should be known that “if the patient plans on a litigation stance” the patient needs to contact an attorney first. If any part of the potential litigation is discussed with the medical department and a complaint is filed with an attorney- IT IS DISCOVERABLE”
Any material discussed between MSCPA and clients declared attorney - IS NOT EASILY DISCOVERABLE.
4. How can I contact MSCPA?
If the client has chosen an attorney and the attorney has chosen to approach MSCPA, they may contact MSCPA by emailing: info@mscexpert.com
All correspondence will be returned with 24 hours on a weekday.
If submitted on a weekend or a holiday, the email will be answered on the next business day.
If you have any other questions and you have exhausted all avenues in FAQs on the most prominent labs companies (see Question #1) then you may write to info@mscexpert.com for further clarification.
5. What if I don’t have an attorney yet? What should I do next?
You could contact MSCPA through info@mscexpert.com and a list of attorneys that have worked with MSCPA can be released to you. The attorneys’ names are released with their permission.
6. What do the attorneys look for in establishing a relationship of expert witness with MSCPA?
MSCPA refers the attorney and client to a list of questions and items to be discussed between the attorney and MSCPA.
QUESTIONS TO BE ADDRESSED BY THE ATTORNEY TO DETERMINE ADMISSIBILITY OF EXPERT WITNESS TESTIMONY
Note: The attorney of record should meet with any expert well in advance of any affidavit filing, depositions, and/or trial to determine the basis for the expert’s opinion and the scope of their expertise.
IT IS VERY IMPORTANT TO DETERMINE THE SCOPE OF THE EXPERT TESTIMONY. THE ATTORNEY OF RECORD MUST OBJECT TO ANY CROSS -EXAMINATION QUESTIONS WHICH ARE OUT OF THE SCOPE FOR THE EXPERT’S TESTIMONY.
A. Questions to be answered:
What is the case about that requires an expert to explain?
What is it about this case that a lay person with no background in this field (i.e. jury, court) might not understand.
What are the key principles of the case that a person without education or expertise in this field would need to grasp in order to understand this case?
Can the expert explain the involved principles, etc. in this field of study to non-expert?
Does the expert believe the testimony he/she gives will aid the judge or jury in understanding the facts in the case?
B. What is the cost of the expert witness testimony?
Retainer fee and hourly rate can be given to the attorney of records.
C. Further questions to be given to the expert:
What would be the basis for the experts opinion?
Is the expertise offered by the expert junk science or “hard” science.
Is any of the expert testimony require subjective interpretation.
Is the technique and or theory the expert offers been peer reviewed?
Does the expert have publications that he/she has authored?
Has the expert’s work been criticized in the literature and was that criticism handled appropriately by the expert?
Is the technique and or theory in the case well accepted in the scientific community?
Can the technique/theory be used by the medical community for diagnosis, treatment, and social work assessment?
Is there controversy in the medical profession about the efficacy or reliability of the field?
7. Does MSCPA offer treatment to mold/mycotoxin patients?
No, however medical staff could give the patient a number of alternatives if their physician desires to have them. These are informative only from cases which have been gleaned by MSCPA discussions with physicians.
NO TREATMENT PLAN WILL BE GIVEN TO THE PATIENT.
8. Does MSCPA consult and diagnose patients with mold and mycotoxins?
No, MSCPA reviews diagnosis, etc. and writes affidavits and does depositions for the client through the attorney of record.
9. Is there further information I can read about to determine whether I need further advice:
An excellent document is offered by Eileen A Scallen from the UCLA School of Law: