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.
December 3, 2019
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…)
August 2, 2019
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.
April 5, 2017
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…)
December 7, 2016
Updated February 20, 2019
Medical errors kill more than 250,000 people in the U.S. yearly, and injure millions. The chaotic nature of emergency rooms leads to a multitude of emergency room (ER) malpractice incidents, including misdiagnosis, surgical errors, delayed diagnosis, failure to diagnose, anesthesia malpractice, and more.
In fact, the Physician Insurers Association of America (PIAA) has said that the ER is an area of the hospital that generates the most medical malpractice lawsuits.
October 27, 2016
Are your expert’s deposition fees being challenged as excessive? If so, it may not be the expert who is driving up your costs but the service that is billing for the expert. (more…)
October 11, 2016
According to the Committee to Reduce Infection Deaths (RID), a non-profit organization dedicated to saving lives, hospital infections kill more Americans each year than AIDS, breast cancer and auto accidents combined. As stated by The Center for Disease Control (CDC), approximately 100,000 people die of a hospital-acquired infection per year, though experts believe the number is actually higher. (more…)
June 8, 2016
Expert Witness Fees Can Get Expensive
One of the largest expenses for plaintiff and defense attorneys alike is the retention of an expert witness. (more…)
October 5, 2015
Until very recently, IV tPA was the only treatment shown in clinical trials to improve the prognosis of ischemic stroke. Patients are typically considered for tPA, a protein that breaks down clots, up to 4.5 hours after the onset of stroke. (more…)
May 15, 2013
In 1999, the Institute of Medicine published the groundbreaking publication “To Err Is Human,” a study which found that tens of thousands of patients died every year from medical mistakes. Despite this, only a small portion of such patients’ families file a medical negligence claim.
A 2002-2007 study took place in ten North Carolina hospitals, and found that injury to patients was commonplace and the instances of injury did not decline over time. The problems reported in the study included adverse reactions to drugs, the development of bedsores, the failure to prevent falls, and the readmission of a patient to a hospital within 30 days of discharge.
Unfortunately, reporting medical errors is voluntary. (more…)