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Cell Phone Related Car Accident? How an Expert Witnesses Can Help.

January 25, 2022

saponaro cell phone accident expert witness

Driving Distracted

Americans spend an average screen time of 5.4 hours on their mobile phones daily.

There are many reasons car accidents occur. If, however, an individual is involved in a car accident while using a cell phone, they have a higher probability of being sued for driver negligence. 

Whether you are the plaintiff or the defendant, an expert witness can provide the expertise required to scientifically prove who is at fault in a car accident case.

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Medical Record Chronology

January 12, 2022

Medical Records

If you would like to see our redacted medical record chronology samples, call to schedule a free consultation, 800-327-3026.

A medical record chronology is an outline of medical events presented in chronological order. Creating an accurate, concise medical chronology as part of a review of voluminous or complex medical records can be challenging. Producing a medical chronology is part detective work, part analysis, and part communication. It requires determining what is relevant in the medical record and organizing that information into a succinct document of the facts.

It is a crucial part of any medical-legal case, and a good medical chronology provides facts and sources to assist expert witnesses in determining merit and damages in a timely and cost-effective manner, without the need for an expert to review a page by page record, until it has been determined that the case has merit.  

Our nurse consultants review medical records for individual cases such as personal injury, medical malpractice, nursing home, drug and medical devices, product liability, and all cases where voluminous records get in the way of determining whether or not the case is worth pursuing and/or the specific damages associated with negligent acts.

An accurate medical record chronology requires reading through hundreds of pages of an individual’s medical records to summarize the relevant events in sequential order. Our medical record chronologies present verbatim health information in an objective manner, while taking care to focus on information relevant to the specific facts of your case.

The benefits of a Medical Chronology are:

  • Send medical record chronologies to experts to reduce their review time
  • Increase efficiency by evaluating cases faster
  • Use as a reference tool before and during depositions, mediation, negotiations, and trial
  • Objective information direct from the medical record
  • An objective tool in settlement discussions
  • Exclude duplicative records or discover missing records.
  • Highlight the Significant point of medical evidence.

For more information about medical record chronologies for medical record reviews and pricing, or if you would like to see redacted samples of our medical record chronologies or set up a free consultation, contact us today.

 

Proof of Pain & Suffering in PI Cases

October 4, 2021

The assessment of pain and suffering damages is different for each claim because the circumstances of each injury victim from before the accident will vary, and injuries impact everyone differently. 

Physical Injuries

Physical injuries often take away from a person’s ability to do or enjoy what they did before the accident. People may not be able to continue to work in their career or they may have trouble engaging in activities with their children or have difficulty participating in hobbies and doing things they are passionate about, etc. Some injury victims lose their abilities completely, but most people end up pushing through pain to do the things they need to do and used to love to do, usually with much less frequency than before. These impacts fall under the umbrella of “pain and suffering.”

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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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Distracted Driving

January 29, 2021

Every day about 8 people in the United States are killed in crashes that are reported to involve a distracted driver.1

What Is Distracted Driving?

Distracted driving is any activity that diverts attention away from the primary task of driving safely.

Highway Fatalities:

  • 37,461 lives were lost on U.S. roads in 2016, an increase of 5.6% from 2015 NHTSA

Distracted Driving:

  • 10% of fatal crashes and 15% of injury crashes in 2015 were distraction-affected. NHTSA.
  • Distracted driving crashes are under-reported and the NSC estimates that cell phone use alone accounted for 27% of 2015 car crashes. NSC
  • In 2015, there were 3,477 people killed and an estimated additional 391,000 injured in crashes involving distracted drivers. NHTSA
  • The fatal crash rate for teens is 3 times greater than for drivers age 20 and over (IIHS)
  • Driver distraction is responsible for more than 58% of teen crashes.  AAA Foundation for Traffic Safety

The growing frequency of distracted driving is alarming:

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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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To Knock or Not to Knock

November 9, 2020

 

Breonna Taylor, a 26-year-old woman from Louisville, Kentucky, was shot to death by police shortly after midnight on March 13, 2020, in the apartment she shared with her boyfriend, Kenneth Walker. The police had a no-knock warrant and entered with a battering ram to search for evidence of drug dealing; none was found.  A Kentucky grand jury indicted former detective of the Louisville Police Department, Brett Hankison, on charges of reckless endangerment for his role in the raid. No charges were filed against Jonathan Mattingly and Myles Cosgrove, the two officers who fired shots inside the apartment. This has spurred a nationwide discussion of the use of no-knock warrants—and reforms that might prevent unnecessary death and injury in the future. (more…)

 

Accuracy of Drug Recognition Evaluations

October 5, 2020

Carol Stream police Sgt. Brian Cluever pulls over a motorist in
Carol Stream on Dec. 7, 2017. (Antonio Perez / Chicago Tribune)

With the legalization of medicinal marijuana in 33 states (plus D.C.) and 11 states (plus D.C.) where recreational marijuana is legal, it has become necessary for police to be able to evaluate individuals based on suspicion of impaired driving due to drug use. A Drug recognition expert or drug recognition evaluator (DRE) is a police officer trained to recognize impairment in drivers under the influence of drugs other than, or in addition to, alcohol.

The Los Angeles Police Department originated the program in the early 1970s, when LAPD officers noticed that many of the individuals arrested for driving under the influence (DUI) had very low or zero alcohol concentrations. The officers reasonably suspected that the arrestees were under the influence of drugs but lacked the knowledge and skills to support their suspicions. In response, two LAPD sergeants collaborated with various medical doctors, research psychologists, and other medical professionals to develop a simple, standardized procedure for recognizing drug influence and impairment. Their efforts culminated in the development of a multi-step protocol and the first DRE program. The LAPD formally recognized the program in 1979.

The LAPD DRE program attracted NHTSA’s attention in the early 1980s. The two agencies collaborated to develop a standardized DRE protocol, which led to the development of the DEC Program. During the ensuing years, NHTSA and various other agencies and research groups examined the DEC Program. Their studies demonstrated that a properly trained DRE can successfully identify drug impairment and accurately determine the category of drugs causing such impairment.

How Do Police Determine Whether a Driver Is Under the Influence?

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