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.
January 23, 2020
Urgent care centers first opened in the 1970s. Now, more than 10,000 urgent care centers provide a variety of medical services to consumers in every part of the United States.
As the number of urgent care centers has increased in the U.S., so has the number of medical malpractice lawsuits brought against these facilities. A majority of these claims allege an urgent care center made an incorrect diagnosis or failed to diagnose a serious medical condition.
Unfortunately, errors made in outpatient settings are considered to be as common, if not more prevalent, than errors made in hospital settings. Yet it’s hard to find data on the numbers of these errors.
As a point of reference, it’s important to note that in 2016, medical errors in hospital settings were the 3rd leading cause of death in the US.
The typical long wait and high costs associated with visiting a hospital emergency room have enticed many people to visit urgent care centers for emergency treatment. Unfortunately, urgent care centers do not have access to the same diagnostic or critical care equipment found in hospital emergency rooms, which can lead to serious consequences for the patient. (more…)
January 2, 2020
Understaffing is the most common issue in nursing homes that can lead to abuse and neglect. Overworked and under supervised staff pose a greater risk to patients. Inadequate attention and frustration lead to mistakes and neglect.
This is a serious issue that plagues over 90% of nursing homes. Studies have proven that residents who live in understaffed nursing homes are at a greater risk of malnutrition, weight loss, bedsores, dehydration, infections, and pneumonia. Families of elderly patients are increasingly noticing this problem and are starting to hold nursing homes responsible for the abuses that occur as a result. (more…)
To resolve this issue there is a need for higher minimum nurse staffing standards for U.S. nursing homes based on multiple research studies showing a positive relationship between nursing home quality and staffing and the benefits of implementing higher minimum staffing standards. Studies have identified the minimum staffing levels necessary to provide care consistent with the federal regulations, but many U.S. facilities have dangerously low staffing. Secondly, the barriers to staffing reform are economic concerns about costs and a focus on financial incentives. The enforcement of existing staffing standards has been weak, and strong nursing home industry political opposition has limited efforts to establish higher standards. Researchers should study the ways to improve staffing standards and new payment, regulatory, and political strategies to improve nursing home staffing and quality. (more…)
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…)
September 12, 2019
It can happen even if you are treated by the most skilled physician at best hospital the state has to offer. Leaving lasting scars, disabilities, a lifetime of pain or even death, medical malpractice can destroy a patient’s life. It is little wonder why tragic mistakes lead to serious lawsuits.
Here are recent medical malpractice cases that have resulted in large settlements: (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.
June 11, 2019
As an attorney, your expertise is in pursuing and winning legal cases, whether it’s medical malpractice, personal injury, or others. That’s why when cases involve a medical component, you need medical experts to assist you with building a winning case.
Nurse consultants guide attorneys through all the medical aspects of their case. This service, also known as concierge nursing, utilizes practicing nurses and/or nurse practitioners as expert witnesses in legal cases.
How do you know if your case could benefit from the help of a nurse consultant? Or should you turn to another type of expert? Let’s examine the ways a nurse consultant can help.
A nurse consultant can organize and interpret medical records and charts.
December 20, 2016
The rate of malpractice incidence is increasing for Physicians Assistants (PA’s) and Nurse Practitioners (NP’s). This has been attributed to the major increase in number of PA and APN providers between 1991 and 2007.
More cases are being filed and higher judgments are being awarded in malpractice cases utilizing nurse practitioner and physician assistant expert witnesses. Statistics from the National Practitioner Data Bank (NPDB) show that judgments and/or settlements increased between 2004 and 2008.
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…)