Expert Witness Insider Information to Help You Tilt the Scales
Here’s a case summary from 2019 where there was no breaches in the anesthesia standard of care.
3 tips to consistently being retained as an expert witness ... without being married to a lawyer.
Here’s the reality: Some patients have bad medical experiences. Some patients have awful medical experiences. But this does NOT automatically mean that they suffered from medical malpractice.
10 years ago, I met a nice guy. I was a young anesthesia resident and we met in pre-operative holding. He was experiencing nausea, vomiting, belly pain, and weight loss … pancreatic cancer.
Anesthesia medical malpractice litigation is intimidating. Everything is going just fine until suddenly, it isn’t.
Most attorneys are well-intentioned professionals. Their job is to advocate for their clients. The role of a medical expert witness is different.
Expert Witness Rules: a New Consultation Inquiry Is More Than Just a 15 Minute Chat. It’s an audition, interview, and credibility sales pitch.
“We’re going to have to cancel your case today.” She looks at me blankly. She signs. She frowns. “Why are you doing that? I’ve waited months to have this surgery.”
Across countless Litigation Consults, one thing is clear. Physicians make themselves very difficult to reach.
Affidavits of merit are to be taken seriously. By signing off, the expert must be in full agreement. Before signing and notarizing an affidavit, make sure to do these things.
Common Advice: “Don’t argue with your customer.” UnCommon Advice: “If you’re not a match .. separate.”
Have you ever seen a patient get angry at their doc? It isn't pleasant but sometimes that’s the job. Never compromise the standard of care at a patient’s insistence!
A physician's time is valuable ... but so is an attorney's ... and a paralegal's ... and a LNC's. Spare those 15 minutes … it’s 100% worth it.
In 2018, I was retained for the 1st time as an expert witness. Yesterday, I was retained for the 117th time.
It depends on your state, hospital, & coverage model. Attorneys often speak of "𝘾𝙖𝙥𝙩𝙖𝙞𝙣 𝙤𝙛 𝙩𝙝𝙚 𝙎𝙝𝙞𝙥" roles but this isn't the "𝙏𝙧𝙪𝙢𝙥" card they think it is.
How do you explain my clientʻs foot drop?! The anesthesiologist discussed risks, used ultrasound, obtained consent, didn’t oversedate, and spoke about benefits. Verdict is no breaches.
Have you ever declined to sully your reputation and had your retaining counsel get angry?
Is intubating someone just putting the tube in? Countless medical malpractice lawsuits say no!
99% of AI tools being marketed at me aren’t useful but my software package makes all the difference. As an independent MedicoLegal consultant, here are the the ones that I use consistently.
This is my secret to assessing whether a MedMal case has merit (and it’s not perseverating to a fault). After reviewing every case, I ask myself these 3 questions.
Compared to other expert witness physicians, I’m visible, responsive, easy to contact, infinite free consultations, provide referrals to other experts, and do good work.
What does an anesthesia medical malpractice review look like? Check out this timeline and blueprint.
As a result of my MedicoLegal consulting: protocols were implemented, unsafe practices were changed, patients harmed were advocated for, staffing ratios at institutions were revised, and doctors who did nothing wrong were defended.
Does informed consent affect MedMal litigation? Yes. It either makes the case or breaks it. So what is informed consent? Per the NIH, the process in which a health care provider educates a patient about the risks, benefits, and alternatives of a given procedure of intervention.
I left “The Waiting Place” with my medicolegal consulting and … oh the places it has taken me.
Inhalation Anesthesia explained in less time than it takes you to order a coffee.