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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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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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The Pitfalls of the Expert Search

August 3, 2020

Yes, knowing that you need an appropriately qualified expert is the first step in properly investigating the merits of your case, and connecting with the right expert is an investment that pays off starting with record review, all the way through to trial. Let Saponaro, Inc. assist you from the beginning, so you avoid these common mistakes.

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Corona Virus Ravaging Nursing Homes

May 27, 2020

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As we continue to wind through the coronavirus, the most obvious cases of infection have centered around our nursing homes. There is no doubt that nursing homes and similar group living facilities are in a difficult position. USA TODAY reports that a minimum of 2300 long-term care facilities in 37 states have reported positive cases of COVID-19 and that over 3000 residents had died. Because the infection spreads rapidly and is not always symptomatic, nursing homes that exercise reasonable care may still experience an outbreak. USA TODAY also reports that before the pandemic, 75% of nursing homes had been cited for failing to properly monitor and control infection in the past three years.

Elderly and immuno-compromised individuals are particularly vulnerable to COVID-19 and whether the facility that they reside in is responsible for their infection requires a thorough investigation. (more…)

 

Work Life during a Pandemic

April 20, 2020

Changing times mean new opportunities. Not only are attorneys being asked to work in new ways, but clients are going to ask new questions that you should be prepared to answer. The following is a guide to finding your way during the pandemic.

What clients need:

Estate planning

The search term “getting a will” has risen sharply since March 8th according to Google Trends. Many people in uncertain times look to put a plan in place in case of illness or death. This trending search indicates many Americans are getting their proverbial houses in order. It is also a good time to discuss with clients the need for power of attorney should they become incapacitated.

Interpretation of changing federal and state benefit laws (more…)

 

How to expand your practice with one phone call.

March 26, 2020

Expanding your practice can come with many hurdles. We can help you grow by taking the workload off your desk and allowing you to focus on the practice of law. Outsourcing leads to higher efficiency and productivity, with the ability to meet deadlines and to start new projects quickly and at lower operational costs. These advantages help level the playing field by giving smaller firms and solo practitioners the same economy of scale in regard to efficiency and expertise, without an increased payroll.

Saponaro, Inc. has developed a menu of services to assist in all aspects of litigation support including our:

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Certificate/Affidavit of Merit -Easy 2 Step Process

February 18, 2020

We can simplify your Certificate/Affidavit of Merit process

Our Comprehensive Case Evaluation service is a simple and cost effective approach to meet your State requirements in the preparation of a Certificate/Affidavit of Merit

 

What Must the a Certificate/Affidavit of Merit cover?

The specific language requirements of the affidavit vary from state to state. But generally speaking, the a Certificate/Affidavit of Merit must state three things:

  • the expert signing the affidavit qualifies as an expert in the same medical field or healthcare profession in which the defendant health care provider practices
  • the expert has reviewed your case, and
  • the expert is of the opinion that your case has merit — meaning that the defendant’s conduct has deviated from the accepted standards of care under the circumstances.

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Early Hospital Discharge

December 3, 2019

Medical Peer Review

Thirty days after release from the hospital can pose a risky time for many people. A study found that nearly 20% of patients experience adverse events within 3 weeks of discharge, nearly three-quarters of which could have been prevented.

Early discharge dangers include:

  • Adverse drug events are the most common post-discharge complication
  • hospital-acquired infections
  • procedural complications
  • hazards arising from the fact that nearly 40% of patients are discharged with test results pending
  • discharged with a plan to complete the diagnostic workup as an outpatient

In addition, there is increasing concern that the stressful hospital environment may lead to post-hospitalization syndrome— a patho-physiologic syndrome of weakness and increased stress that may leave patients vulnerable to clinical adverse events such as falls and infections. Nearly 20% of Medicare patients are re-hospitalized within 30 days of discharge. (more…)

 

Easy Steps to a Certificate or Affidavit of Merit

August 2, 2019

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The Choice of Experts for Certificate or Affidavit of Merit

The expert that will review your case for merit will be matched to the specific board-certification of the defendant, or will match the certification of the licensed healthcare professional in question. The expert will be actively practicing or actively working in an academic capacity, and will meet your State requirements in qualifying as an expert witness. The expert will be checked for any potential conflicts, since they have agreed to support their opinion through deposition and/or trial, if warranted.

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How to Increase Recovery in Your Medical Malpractice Cases

April 5, 2017

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It is becoming increasingly likely that the hospital will be included in the claim as plaintiff attorneys are very aware that courts are finding corporate negligence as a factor in many claims, and more and more states are recognizing corporate negligence as a contributing issue. (more…)