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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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Covid cures from around the world

August 31, 2020

There are currently no proven treatments for the deadly respiratory disease caused by the new coronavirus (COVID-19), although many countries are in trials for existing and experimental drugs. So far, only one — the antiviral remdesivir — has been shown, in randomized control trials, to have some potential to speed up recovery. Most recently, convalescent plasma has been given emergency authorization to treat the virus.

There have been many claims of a cure made around the world.  Some of the most interesting include:

  • Drinking cow urine and coating oneself in cow dung.  All urine and dung may only come from cows in India.
  • USB flash drives being sold for $370 as a “5G Bioshield”, purportedly offering protection from the non-existent threat of infection transmitted via 5G mobile telephone radio waves.
  • Inhaling 0.5-3% hydrogen peroxide solution using a nebulizer.
  • Gargling with saltwater.
  • Drinking warm water or hot baths/heating to 26–27 °C (79–81 °F).
  • Wearing the color white as it may have a harmful effect on coronavirus, as claimed in a widely shared Facebook post.
  • A mix containing amphetamines, cocaine, and nicotine, on sale on the dark web for US $300, was presented as a vaccine against COVID-19.
  • A claim that cannabis could protect against the coronavirus appeared on YouTube, along with a petition to legalize cannabis in Sri Lanka.
  • “Virus Shut Out Protection” pendants, supposedly from Japan, worn around one’s neck, have been sold with claims that they prevent infection.
  • A suggestion that COVID-19 could be prevented by applying a cotton ball soaked in violet oil to the anus.
  • Drinking bleach.

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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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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…)