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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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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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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

saponaro-nursing-home-abuse-and-infractions

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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The Danger in Urgent Care Centers

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…)

 

Nursing Home Understaffing

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…)