By Burton Bentley II The COVID-19 pandemic is sure to become a staple of court dockets in the months and years to come, and already one sector has triggered a…
Traditional surgery involves the exposure of abdominal and pelvic organs through a single large incision. This approach, known as open laparotomy, affords a wide-open view of abdominal contents. Open laparotomy is still performed in certain situations and was the only surgical approach available until the first minimally invasive gallbladder surgery (laparoscopic cholecystectomy) was performed in 1985. (more…)
Every attorney wants a "strong" case, but strength is a term that is difficult to quantify since it has several subjective variables. All attorneys agree that the elements of negligence…
Attorneys often struggle when analyzing a claimant whose issues span multiple medical and surgical specialties. For example, say that a 65-year-old woman fractured her hip, and then developed a stroke,…
Hand surgery cases are complex and mistakes during litigation are costly. Before reaching out to a Hand Surgery medical expert witness, take time to consider these 5 pearls that are…
Few forensic endeavors raise more questions and intrigue than exhumation autopsy. In nearly all societies and throughout the millennia, the grave is sacrosanct. Protected by both cultural norms and statute, it is exceedingly rare to disturb a final resting place. In some situations, however, local authorities will grant permission to perform exhumation when there is a compelling forensic reason. Such reasons may exist within civil litigation when an autopsy was not performed, or when allegations arise that an autopsy was performed improperly. (more…)
Timing is everything, and a detailed timeline is the first step in analyzing any time-sensitive medical negligence case. Time-sensitive cases are those that allege harm due to delayed diagnosis or treatment of an urgent disease or process. Classic examples include acute myocardial infarction (heart attack), testicular torsion, pulmonary embolism, sepsis, and thrombolytic (TPA) administration in stroke. Entities like these are exquisitely time-dependent, and they require a comprehensive timeline to compile and analyze the course of events. (more…)
Imagine that you’ve secured a top-tier medical expert for a “solid” case, the medical records are in the expert’s hands, and now it is only a matter of affirming your theory so that the case can advance. And then, disaster strikes: The expert calls with an opinion that is 180-degrees off-target and entirely counter to your claim. When analyzing what went wrong, the answer may be as simple as regrouping to allow the expert to consider differing versions of the same medical encounter. (more…)
Orthopedic surgery (commonly spelled “Orthopaedic” in academia) is a field of surgery dealing with the surgical treatment of disease and injury of the musculoskeletal system. Orthopedic surgeons are licensed physicians…
Given the widespread prevalence of heart disease in the US population, issues related to cardiology occur in countless medical negligence cases. Consequently, in the realm of medical expert witnesses, the…
The expert witness is the foundation of any medical malpractice case. From analyzing the elements of negligence to testifying at deposition and trial, your strategic success depends upon competent medical…
Attorneys are surprisingly creative at finding their expert witnesses. From trusted sources to personal friends to the physician who performed their last colonoscopy, no “expert” seems out of bounds. Given…
All successful medical negligence claims require four cardinal elements: duty, breach, harm, and causation. In oncology litigation, however, the element of causation assumes paramount importance. The reason is that many…
Hospital Medicine is a branch of medicine dealing with acute patient care, teaching, and research, all within a hospital-based healthcare system. Consequently, Hospital Medicine focuses upon variables that are unique…
An organized medical record is the cornerstone of any negligence case. Since the record is the most important material upon which your expert will rely, proper data preparation is instrumental…
