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WITNESSES HOSPITAL NEGLIGENCE
EXPERT
BOARD-CERTIFIED TESTIFYING EXPERTS
Hospital Administration Arthur Shorr, M.B.A., FACHE Daniel Herlinger, M.B.A., FACHE Norman Andrews, R.N., M.B.A., FACHE Tim Hawkins, M.B.A., FACHE
Psychiatric Facilities Gerald Sweet Ph.D Berlynn Ching, R.N.
Nursing Administration Bonnie Siler, R.N., M.A.
Nursing Homes, Assisted Living Julian Rich, M.B.A., FACHCA
· Community Standards · Patient Rights
· Physician Credentialing · Policies & Procedures · Nursing Negligence · Regulatory Compliance · Environment of Care · Patient Safety
· Bylaws & Governance · JCAHO Standards
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800.530.5728
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Legal Nurse
& Certified Medicare Set-Aside Consultant
Decipher, summarize & organize medical records Prepare medical chronologies Medical bill review and audit
www.HospitalExperts.com 80 — The Advocate Magazine FEBRUARY 2012
Kathy Cross, R.N., B.S., MSCC (805) 577-7851
www.deciphermed.com
LEGAL MALPRACTICE Any underlying case/transaction, fee disputes, ethics, 43 years
EXPERT WITNESS
Phillip Feldman, BS, MBA, JD, AV (PEER Rated) Bd. Cert. Legal Malpractice ABPLA & ABA Also State Bar Defense (818) 986-9890
www.LegalMalpracticeExperts.com E-mails:
legmalpexpert@aol.com StateBarDefense@aol.com
lead to the discovery of admissible evi- dence. The fact that a hospital was fined by the California Dept. of Health Services cannot be placed before any jury and in those cases where it has been attempted at trial, such an attempt has always failed.
Discovery on the Internet All medical-malpractice cases should
start on the Internet, before any medical records are obtained and before any other discovery from the hospital. At a minimum, the Internet contains much information about the basic medical issues in any case, including anatomy, physiology, treatment options, survival statistics, and other information that can provide a focus for the case. The Internet cannot answer the critical questions of negligence and causation. Even when there are specific Web sites that purport to discuss standard of care or causation issues, all such information is hearsay and therefore inadmissible. In addition to information about
some of the medical issues involved in the case, the Internet can provide much information about the defendant hospi- tal, medical group, and/or individual doctor. Most hospitals and major medical groups have Web sites that provide infor- mation about the services they offer to the public and the relationships which they have with each other. Larger groups
like Kaiser or hospital chains like Sutter or CHW also have educational materials and medical information either on their Web site or through links. Kaiser has its own medical journal, which is accessible through either the Internet or by sub- scription. Even individual physicians have Web sites that are used for adver- tisement purposes and some of the rep- resentations made on their Web sites can be used against them in a specific case. What is generally not available on
the Internet, except through Web sites like Pubmed or specific medical journals, is the vast amount of articles that consti- tutes the “medical literature.” Most of the individual Web sites on specific medical topics are developed by specific hospital departments or educational groups that seek to provide medical information to the public. Pubmed, which is the official Web site of the National Institutes of Health, does provide access to all of the articles in the medical literature, but there may be thousands of articles on a particular topic and it can be difficult to find a specific article that may be both relevant and useful to your case. Whenever the medical literature
becomes an issue in a medical-malpractice case, it is far better to have the plaintiff ’s expert find and use the relevant litera- ture that supports their opinion, rather than the attorney attempting to provide the research for the expert.
PLAINTIFF...
...OR DEFENSE
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