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The CRNA as an expert witness, By Gene A. Blumenreich, JD:"To function as a CRNA requires education, skills, and knowledge that most people do not have. Because courts, lawyers, and the public cannot understand what CRNAs do, the law puts them in the category of professionals. Professionals set their own standard of care. When courts need to know what the standard of care is, they get expert testimony. Testimony on the standard of care may arise not only in malpractice actions, but may occur in other contexts as well. For example, in disciplinary proceedings the conduct of a CRNA may be questioned and expert testimony will be necessary. Are there limits of a CRNA's expert testimony or the subject areas in which CRNAs may provide expert testimony?"
American Association of Nurse Anesthetists (AANA)
222 South Prospect Avenue
Park Ridge, Illinois 60068-4001
phone: 847-692-7050
fax: 847-692-6968
e-mail: info@aana.com http://www.aana.com/legal/legbrfs/1995/04lb95.asp
The 10 Biggest Mistakes Experts Make During Depositions:"The discovery depositions of expert witnesses are increasingly playing an important role in the litigation process. Under Federal Rule of Civil Procedure 26 (4) A:
“A party may depose any person who has been identified as an expert whose opinions may be presented at trial.”
With this in mind, we turn to the ten biggest mistakes experts make during their depositions.
#1 – Waiving The Reading of Signing Of The Deposition Transcript
At the start of most depositions, counsel will agree on stipulations. Use of the most common stipulation is that the deponent waives the right to read and sign the deposition transcript. The expert who is interested in accuracy should not agree to this waiver lightly. Experts who agree to waive the reading and signing are agreeing to a document’s accuracy without even seeing the document."
SEAK, Inc.
P.O. Box 729, Falmouth, MA 02541
Courier: 316 Gifford St., Falmouth, MA 02540
Customer Service
(508) 548-7023, Orders
(508) 457-1111, Fax
(508) 540-8304 seakinckb@aol.com http://www.seak.com/10_biggest_mistakes_experts_make.htm
10 Biggest Mistakes Physicians Make in Writing Their IME Reports:"The Independent Medical Evaluation (IME) reports that physicians prepare are playing an increasingly important role in workers' compensation cases, personal injury litigation, and long-term disability claims.
Each year physicians prepare hundreds of thousands of IME reports which are read and utilized by judges, hearing officers, and plaintiff and defense attorneys to decide and settle claims.
Physicians are frequently called upon at depositions, hearings, or trials to support, justify, and defend each and every word of their IME reports. With this in mind, we turn to the 10 biggest mistakes physicians make in writing their IME reports."
SEAK, Inc.
P.O. Box 729, Falmouth, MA 02541
Courier: 316 Gifford St., Falmouth, MA 02540
Customer Service
(508) 548-7023, Orders
(508) 457-1111, Fax
(508) 540-8304 seakinckb@aol.com http://www.seak.com/10biggestmistakesphysician.htm
Advice on Answering Questions at Depositions:"Avoid Absolute Words
You are well advised to avoid, where possible, absolute words such as "always" and "never." Absolute words are frequently an invitation to, and fertile grounds for, cross-examination by counsel. Counsel will attempt to damage your credibility by first getting you to make an absolute statement. She will then use counterexamples in an effort to show the falsity of your statement.
SEAK, Inc.
P.O. Box 729, Falmouth, MA 02541
Courier: 316 Gifford St., Falmouth, MA 02540
Customer Service
(508) 548-7023, Orders
(508) 457-1111, Fax
(508) 540-8304 seakinckb@aol.com http://www.seak.com/webstore/depoadvice.htm
Connecting with the Jury:"In jury trials, the jury ultimately decides the case. Their job is to determine the facts of the case. A crucial part of this is determining the credibility of the witnesses. This includes expert witnesses. As such, it is of the highest importance that experts are able to communicate with the jury in a credible and persuasive way. Everything else is secondary. To connect with the jury, an expert needs to understand what juries want and know the best ways to communicate with them."
SEAK, Inc.
P.O. Box 729, Falmouth, MA 02541
Courier: 316 Gifford St., Falmouth, MA 02540
Customer Service
(508) 548-7023, Orders
(508) 457-1111, Fax
(508) 540-8304 seakinckb@aol.com http://www.seak.com/cfsmchapter11.htm
Opinions and Bases for Opinions, Seak.com:"The main reason expert testimony is presented is to offer an expert opinion. Accordingly, experts can anticipate being closely cross-examined on their opinions. They should also expect to be closely questioned on the bases of these opinions because an expert opinion is only as strong as the facts and reasoning upon which it is based. Questions in these areas are best blunted by carefully and honestly forming an opinion that is based on reliable methodology, a thorough investigation, and solid facts."
SEAK, Inc.
P.O. Box 729, Falmouth, MA 02541
Courier: 316 Gifford St., Falmouth, MA 02540
Customer Service
(508) 548-7023, Orders
(508) 457-1111, Fax
(508) 540-8304 seakinckb@aol.com http://www.seak.com/webstore/ce2booksamplechapter.asp
Stating Opinions and Conclusions in a Defensible Manner:"The main reason an expert is involved in a case is to state her opinion. The principal reason an expert writes a report is to communicate that opinion. The opinion must be communicated effectively and must be expressed in a defensible manner. The authors recommend the following.
SEAK, Inc.
P.O. Box 729, Falmouth, MA 02541
Courier: 316 Gifford St., Falmouth, MA 02540
Customer Service
(508) 548-7023, Orders
(508) 457-1111, Fax
(508) 540-8304 seakinckb@aol.com http://www.seak.com/webstore/bookReportbookchapter10.asp
Expert Witness Journal, Seak.com:"SEAK has published the Expert Witness Journal since 1988. Available online are all 1998 EWJ feature articles, arranged alphabetically by title. Also available are each of the federal and state cases collected by EWJ impacting expert witnesses."
SEAK, Inc.
P.O. Box 729, Falmouth, MA 02541
Courier: 316 Gifford St., Falmouth, MA 02540
Customer Service
(508) 548-7023, Orders
(508) 457-1111, Fax
(508) 540-8304 seakinckb@aol.com http://www.seak.com/ewjhome.htm
Linda Hennrich, RN, CLNC, Parlance Medical Consultants,
Missouri Certified Legal Nurse Consultants:"Parlance Medical Consultants is owned and run by Linda F. Hennrich, RN, CLNC. A registered nurse licensed in the state of Missouri and a Certified Legal Nurse Consultant, listed in the Directory of Nursing Expert Witnesses and Legal Nurse Consultants (NACLNC). We are dedicated to integrating our staffs 24 years of knowledge and experience in the medical arena into the legal field. Whether you are a prosecuting or defense attorney, you deserve the most competent and cost effective assistance in your discovery process." http://www.nursingentrepreneurs.com/hennrich/
CrashCards, Patricia Hirt, RN CEN:"CrashCards are a handy pocket-sized reference guide with critical information for pediatric resuscitation. They have proven themselves to be very helpful in managing pediatric codes or critical situations. CrashCards can be used on any ACLS ambulance, in any ED or hospital, whether large or small, whether you have pediatric codes or critical situations often or very infrequently, whether you use the Broselow tape/bag system or not. They provide clear information at your fingertips."
Liz Sake, BSN, RN: Liz Sake & Associates: As Legal Nurse Consultants, we determine
the merits of a medical malpractice case, review and translate medical records,
chronicalize events, determine; damages/injuries, future health needs, causation
and standards of care.
An information discovery program through research
of medical literature and the latest on-line information. We prepare written
summaries and reports of medical records, research findings, and expert witness
information. We identify and obtain expert witnesses as needed. Basically,
we are here to make the med/mal attorney's life easier by synthesizing, sorting,
and condensing medical information to be used as exhibits and for MD expert
review.
Categories:
Blood Banking,
Case Management,
Critical Care,
Expert WitnessHome Health,
Legal Nurse Consultant,
Managed Care,
Oregon Legal Nurse Consultants,
Rehabilitation http://www.nursingexperts.com/sake/
This Portion of the Site contains a large Directory of Useful Links. For the Attorney and The Legal Nurse Consultant, Each will find Law and Legal Resources. We will continue to build and add to this directory. Please Stop by frequently to see our new additions.
Prepaid Legal Services: There are many matters that you encounter on a daily basis which have a legal aspect, for instance, motor vehicle accidents and other types of injury claims, estate planning, probate and estate administration, matters pertaining to employment, sale or purchase of real estate, consumer transactions, auto repairs and sales, family and juvenile law, landlord/tenant issues, insurance matters, business, bankruptcy, tax and workers compensation. Literally, everything we do today touches upon the law in one way or another. With Prepaid Legal, you'll receive unlimited phone conversation/consultations on any legal matter at no additional cost.
Community of Science (COS) Expertise:"Community of Science (COS) Expertise is the largest web network of its kind comprised of detailed professional information for nearly 480,000 scientists and scholars worldwide. Built in collaboration with more than 260 leading research universities, government agencies, and other R&D organizations from around the world, COS Expertise is the foundation of COS' international faculty information system.
The profiles in COS Expertise include contact information, positions held, publications, patents, funding received, and a first-person narrative describing current research activities and expertise. COS Expertise profiles also include direct links to e-mail, a personal home page, an online CV, patent abstracts (and full-text where available), publication abstracts, and available research grants." http://expertise.cos.com/
Expert Medical Witnesses, Inc: Since 1982 Expert Medical Witnesses, Inc, has been providing attorneys throughout the United States with physicians possessing superior credentials, who are willing to objectively review medical records and testify as to the quality of medical care rendered and issues of causation in medical malpractice cases.
85 Logan Boulevard
Altoona, PA 16602
1-888-944-8456
e-mail: admin@expertmedicalwitnesses.com
http://www.expertmedicalwitnesses.com/
Forensic Medical Advisory Service:"Since 1975, the management team at Forensic Medical Advisory Service has provided consultation on matters of medical care and quality assurance to the legal community, the insurance industry, hospitals, and the Federal Government."
Forensic Medical Advisory Service
11300 Rockville Pike
Suite 712
Rockville, MD 20852
(301) 770-7702
(301) 770-7703 (Facsimile)
sales@forensic-med.com http://www.forensic-med.com/
Health Care Industry Experts Witness Directory: Experts List For Free, and Attorneys Search For Free - No Fees. ExpertLaw was founded in 1997 to provide a free mechanism by which attorneys could locate expert witnesses in a wide variety of fields, without cost. As much as possible, we wish to remove the "middle man," allowing attorneys to retain experts without paying finders fees or referral fees.
In addition, we provide free information, to assist experts, attorneys, and the general public on legal issues, and to provide information of interest to expert witnesses and litigation attorneys. We also have a directory of litigation support services, and a legal humor section.
http://www.expertlaw.com/experts/Health/
Legal Nurses OnLine & MedXperts.com:"LEGAL NURSES ONLINE™ and MedXperts.com™ locate medical experts and medical consultants for attorneys, medical publishers and medical conference organizers, internationally. At the same time, we lend litigation and trial support in the medical aspects of a mutliplicity of legal cases. We have assisted attorneys in many countries, including the U.S.A., the United Kingdom, South Africa, South America, Canada and Ireland."
P.O. Box 91913 Santa Barbara, CA 93190 Phone: (805) 966-2068
http://www.legalnurses.com/
Finding Experts Assistance:
Ask the Medical Experts:"Get answers to your most important medical questions with the help of our experts, Bennett J. Shiller, M.D. and Ted Ganiats, M.D. Dr. Shiller's specialties include internal medicine and smoking cessation. Dr. Ganiats specializes in family and preventative medicine."
http://www.medinfosource.com/expert/
Experts.com:"Welcome to the Internet's Registry of Experts. A resource used worldwide by Attorneys, Journalists, Producers, Researchers and the world to locate authorities, spokespersons and subject matter experts."
http://www.experts.com/
Legal Concierge, Inc., Trial Support Services:"From High tech to Low tech, Legal Concierge, Inc. has access to state of the art trial equipment ensuring a dynamic presentation and a captivated audience.
If you or anyone in your firm should ever need our services, please do not hesitate to call. Our rates are great, our equipment is first rate and our dedication is unsurpassed. We delight in saving money for your client. We negotiate for the best prices in all aspects of coordinating and orchestrating your next trial site, merger or acquisition."
LEGAL CONCIERGE, INC.
440 Summit Drive
Richardson, TX 75081
214-306-2246
866-396-7034 (toll free), mailto:LegalConcierge@mylegalconcierge.com http://www.mylegalconcierge.com/
Technical Assistance Bureau, Inc:"Technical Assistance Bureau, Inc. is headquartered in St. Louis, Missouri and has offices in Germantown, Maryland, and Cupertino and Los Angeles, California. We have been in this business since 1976 and we provide the services of consultants and expert witnesses to lawyers and insurance companies in literally all fields of endeavor; science medicine (MEDICAL MALPRACTICE) and engineering, commerce and industry, sports and recreation. When you need an expert call the T.A.B. location nearest you, and at no cost or obligation, we will provide a copy of the curriculum vitae and fee schedule of a qualified expert witness near your location."
http://www.tabexperts.com/
Nurses' Station:"The idea for the Nurses' Station Catalog was conceived in 1989. After searching the marketplace in response to customer inquiries, it became obvious that there were no catalogs of this type serving the nursing profession. To be sure, there were several catalogs offering nurse's uniforms and a smattering of professional items. But there weren't any catalogs at the time offering a range of gifts, clothing, professional items, name badges, shoes and scrubs for nurses. It took two years of hard work to gather samples and put a together a catalog of the most unique and high-quality items for nurses."
Nurses Station
P.O. Box 388
Centerbrook, CT 06409-03881 http://www.nursefriendly.com/station/
ER:"Media products under your influence, particularly the NBC/Warner drama "ER," are harming the profession of 2.7 million American nurses by giving the public an inaccurate and inadequate account of what nurses really do to save and improve lives. Research suggests that "ER" strongly and negatively influences the way children view nursing. These products contribute to the nursing shortage, a public health crisis that threatens millions worldwide."
NBC's "Passions":"NBC's "Passions" solves nursing shortage: monkeys can do the job! Starting in March 2003 and at least as recently as late August, NBC's campy, supernatural daytime soap opera "Passions" has featured an orangutan named Precious in the role of the private duty nurse of one of its characters--a bold step backwards in the already slow...evolution...of the media's treatment of nurses. more..."
"Scrubs" defines nursing:""Scrubs" defines nursing: it's all about shutting up and following physician "orders. " Tonight's episode of NBC's "Scrubs," which purports to teach nurse Carla Espinosa that nursing is all about doing what physicians tell you, is one of the most virulently anti-nurse prime time television episodes the Center has ever seen. more..." http://www.nursingadvocacy.org/
Last updated by Andrew
Lopez, RN on Wednesday, February 27, 2008
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