Lack of Informed Consent Leads to Medical Malpractice

Surgeon Performing Operation

Informed Consent   I was recently involved in a medical malpractice case that went against the physician. Remember, most malpractice cases are brought against a physician is in reality bad outcomes, as no one in the medical profession attempts to… Continue Reading

Independent Medical Examination: Medical and Legal Issues

Independent Medical Examination Anatomy of muscular man

What is an IME?   An independent medical examination (IME) is a second opinion exam that may be conducted by a non-interested physician to obtain an independent opinion of an individual medical condition.  Insurance companies and personal injury attorneys have the… Continue Reading

Expert Witness Disclosure: Litigation & Consulting Professionals

Rules of an expert witness disclosure apply only to testifying experts

Expert Witness or Consultant An expert witness disclosure is required if the expert is retained to testify at trial.  However, consulting expert disclosures, or additional disclosures of testifying experts are protected, such as the expert’s reports and depositions to be conducted.… Continue Reading

Expert Witness’s Bias: Distinction Between Admissibility & Weight of Evidence

Bias can result inDisqualification of Expert Witness

Generally, if there are concerns about an opposing party’s expert witness bias; it has been argued that their evidence has been given less weight. Recent decisions have been established that this measure is no longer effective, unless bias is sufficiently… Continue Reading

Gunshot Residue Expert: Three Ways Particles May Land on Shooter

Gunshot Residue Expert Expert Witness

Gunshot Residue Expert Witness Gunshot residue (GSR) is a forensic science test on the hands and clothing of an individual to identify whether that person has discharged a firearm. Although, the dermal nitrate test is obsolete, science and technology are… Continue Reading

Promissory Notes – Traps & Tips

The Trap Although appearing relatively simple in concept, a promissory note and the accompanying loan documents can be very complex in construction. Additionally, the attorney must insure that its terms and conditions of the note and other loan documents comply… Continue Reading

Avoiding Allegations of Deliberate Indifference (Part 2)

Deliberate indifference can be defined as a “conscious or reckless disregard of the consequences of one’s acts or omissions,” or simply put, “What did you know, when did you know it, and what did you do about it?” Without question,… Continue Reading

Four-Factor Test to Determine Expert Testimony Reliability

The Daubert standard main purpose is to determine the scientific validity of the offered expert testimony, giving defense attorneys more ways in which to attack such testimony.  Thus, judges as “gatekeepers” must use four factors to determine whether the theories… Continue Reading

The Acceptable “Rate of Error” in Expert Witnesses’ Opinion

The “error rate”, one of the Daubert factors, requires the trial judge to evaluate the error rate with regard to whether the method has been tested, and whether the expert’s opinion has an acceptable rate of error. If the test… Continue Reading

Tips For Collecting Your Healthcare Claim Against Self-Insured Health Plan

stick figure walking on gold coins

  Obtaining reimbursement on a health care claim is not easy today because of all the different laws and regulations and insurance plans.  I recently worked on several cases to recover claims involving a large self-insured health plan. All self-insured… Continue Reading