Publications

December 13, 2013
Surgical Malpractice

Medical Malpractice – Winning the Expert Shell Game

Dealing with defense expert testimony consumes more resources than any other aspect of a medical malpractice case. Nevertheless, if a medical malpractice case has merit and […]
December 13, 2013
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Medical Malpractice: Making the Most of Pretrial Discovery

To obtain a comprehensive understanding of your client’s medical case, it is essential that you create a narrative time line of your client’s treatment records. By […]
November 23, 2013
Emergency Entrance With Security Vehicle

Avoidable vs. Unavoidable Pressure Ulcers: A Summary of the Federal Regulations

Two Congressional acts – the Omnibus Budget Reconciliation Act of 1987 and the Balanced Budget Act of 1997- resulted in the promulgation of regulations that have […]
November 23, 2013
Medical record

In-Hospital Falls

According to the Centers for Disease Control and Prevention (CDC), each year one in every three “older adults” (65 years and older) falls. Centers or Disease […]
November 23, 2013
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A Critical Analysis of the Self-Critical Analysis Privilege

When an unusual incident involving a patient occurs at a health care facility, it may be the subject of peer review by a committee created within […]
March 17, 2013
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Shoulder Dystocia and the Duty of Informed Consent

Initially published in Medical Malpractice¬† Law and Strategy Vol. 29, Number 6, March 1, 2012 Shoulder dystocia is a birth complicated by a failure to deliver […]
February 26, 2012
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The Consequences of Truth: Compulsory Medical Error Reporting in New Jersey

Excerpted from “The Consequences of Truth: Compulsory Medical Error Reporting in New Jersey,” Medical Malpractice Law and Strategy, Volume 26, Number 9, June 2009, by John […]
July 11, 2011
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The Role of Informed Consent In Defensive Medicine

Studies Track Reasons for Excessive Medical Tests and Procedures; Fear of Lawsuits Is Not the Culprit Some Expected Those who advocate tort reform often point to […]
January 11, 2011
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To Err is Human, But This is Something Else

In November 1999, the Institute of Medicine (IOM), a branch of the National Academy of Sciences, published a study declaring that a threshold improvement in the […]
September 1, 2010
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The Relevance of Never Events in Medical Malpractice Litigation

Excerpted from “Never Events in Medical Malpractice Litigation,” September 2010, Vol. 27, No.126. Medical Malpractice Law & Strategy. By John Ratkowitz and Robert Sanfilipo The National […]