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:
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
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.
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.