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Sedentary Attorneys: Beware the Dangers of Sitting

January 16, 2023

By Dr. Joel K. Kahn

This article addresses what I call sederericide (killing oneself by excessive sitting).

I am a cardiologist addicted to standing. I use a standing desk when I see patients at my office. I use a standing desk at home. When we used to go to conferences I was always the guy in the back of the room pacing back and forth rather than sitting. When we use to fly I was the guy by the exit row standing and squatting. Are you that attorney with the same issue? (more…)

 

New Standard in Stroke Treatment: What it Means for Hospital Liability

October 13, 2022

Stroke treatment and hospital liabiltiy

Know the Signs of Stroke and Call 9-1-1 if you or someone else has any of the symptoms

Until recently, the only treatment shown in clinical trials to improve the prognosis of Acute Ischemic Stroke was IV tPA. The FDA approved Intravenous tissue plasminogen activator, or IV tPA, in 1996. Intravenous tissue plasminogen activator, or IV tPA. IV tPA works for Ischemic Strokes—the most common type of stroke in which a blood clot stops blood flow to part of the brain. (more…)

 

The Top 8 Emergency Room Mistakes and Ways to Avoid Them

August 11, 2022

saponaro-emergency-room-errors

Medical Mistakes Happen

Emergency Room (ER) errors can lead to serious patient harm, and a wrong diagnosis or administrative mistake early on could lead to a cascade of health problems down the line. (more…)

 

Forensic Toxicologist—4 Ways They Assist in Personal Injury Cases

June 17, 2022

4 Examples of a Forensics Toxicologist Helping a Case

What is Forensic Toxicology?

The role of a forensic toxicologist is to test for the presence of drugs or toxins in bodily fluid and tissue.

By understanding how various medications, narcotics, chemical elements, and compounds impact the human body, a forensic toxicologist can interpret drug dosages, identify interactions between medications, and explain the harm of various environmental toxins.

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Medical Record Chronology

January 12, 2022

Medical Records

If you would like to see our redacted medical record chronology samples, call to schedule a free consultation, 800-327-3026.

A medical record chronology is an outline of medical events presented in chronological order. Creating an accurate, concise medical chronology as part of a review of voluminous or complex medical records can be challenging. Producing a medical chronology is part detective work, part analysis, and part communication. It requires determining what is relevant in the medical record and organizing that information into a succinct document of the facts.

It is a crucial part of any medical-legal case, and a good medical chronology provides facts and sources to assist expert witnesses in determining merit and damages in a timely and cost-effective manner, without the need for an expert to review a page by page record, until it has been determined that the case has merit.  

Our nurse consultants review medical records for individual cases such as personal injury, medical malpractice, nursing home, drug and medical devices, product liability, and all cases where voluminous records get in the way of determining whether or not the case is worth pursuing and/or the specific damages associated with negligent acts.

An accurate medical record chronology requires reading through hundreds of pages of an individual’s medical records to summarize the relevant events in sequential order. Our medical record chronologies present verbatim health information in an objective manner, while taking care to focus on information relevant to the specific facts of your case.

The benefits of a Medical Chronology are:

  • Send medical record chronologies to experts to reduce their review time
  • Increase efficiency by evaluating cases faster
  • Use as a reference tool before and during depositions, mediation, negotiations, and trial
  • Objective information direct from the medical record
  • An objective tool in settlement discussions
  • Exclude duplicative records or discover missing records.
  • Highlight the Significant point of medical evidence.

For more information about medical record chronologies for medical record reviews and pricing, or if you would like to see redacted samples of our medical record chronologies or set up a free consultation, contact us today.

 

Proof of Pain & Suffering in PI Cases

October 4, 2021

The assessment of pain and suffering damages is different for each claim because the circumstances of each injury victim from before the accident will vary, and injuries impact everyone differently. 

Physical Injuries

Physical injuries often take away from a person’s ability to do or enjoy what they did before the accident. People may not be able to continue to work in their career or they may have trouble engaging in activities with their children or have difficulty participating in hobbies and doing things they are passionate about, etc. Some injury victims lose their abilities completely, but most people end up pushing through pain to do the things they need to do and used to love to do, usually with much less frequency than before. These impacts fall under the umbrella of “pain and suffering.”

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Covid-19 and the Law

July 21, 2021

There are four areas where Covid-19 cases are appearing in the courts:

  • Nursing Home related infections

One out of four coronavirus deaths in the United States are nursing home residents, according to a new analysis of federal data conducted by the Associated Press. Close to 1 in 10 of all COVID-19 cases are contracted by nursing home residents, as well.

Administrators at nursing homes and assisted living facilities owe a duty of care to their residents. This duty of care includes acting quickly and taking reasonable steps to prevent the spread of COVID-19, such as:

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Leveling the Playing Field

April 5, 2021

This past year many of us have learned to work in many different ways, and from many different settings. Change can be challenging, with some trial and error. One positive thing that our attorney-clients have told us is that the need for zoom meetings and remote depositions, to keep cases moving forward, have allowed them to work with experts throughout the United States, without the difficulty of scheduling coordination or the expense of travel. Like many in the workforce, trial lawyers have been called on to be resilient as they remain dedicated to their pursuit of justice. Remote depositions have allowed cases to continue to progress, and have left a favorable impression that zoom meetings and remote depositions may be here to stay.

Below Are Some Best Practices For Conducting A Remote Deposition:

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There is no Yelp for Experts

March 1, 2021

It is common knowledge that expert witness fees can be one of the highest costs in litigation, if not the highest.  Especially if a referral service invoices for the expert assisting on the case. Therefore, an attorney will try to mitigate these costs by:

Finding an expert on their own, and using that expert on multiple cases

Asking around, via email blast or word of mouth, to see if anyone has an expert in the required specialty

Using a local doctor to screen their case, and trying to find an expert that agrees with this opinion

In addition to the risks and costs of the above there are many expert horror stories, that involve:

  • Not disclosing a disciplinary action
  • Not actively performing the procedure or care in question
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Standard of Care in Telehealth Medicine

November 30, 2020

Standard of Care for Telehealth Visits In the recent months, telehealth has been an integral part of delivering health care services. Because this avenue of service has increased throughout the pandemic, patients need to trust that their care is competent; their privacy is protected; and there is continuity of care. To ensure patients receive high-quality treatment, state laws and medical board regulations require the standard of care in telemedicine reflect that of an in-person physician-patient encounter. Physicians who participate in telehealth/telemedicine must have appropriate protocols to prevent unauthorized access and to protect the security and integrity of patient information at the patient end of the electronic encounter; during transmission; and among all health care professionals and personnel who participate in the telehealth/telemedicine service, consistent with their individual roles. The key rule is that the standard of care in telemedicine is identical to the standard of care in an in-person office visit.

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