The Care and Feeding of Expert Witnesses
The “care and feeding” of your expert witness or witnesses is one of the most important aspects of your case. Expert witnesses are utilized in most types of litigation, and in a North Carolina medical malpractice case, expert witnesses are almost mandatory. The manner in which an attorney first contacts an expert witness, particularly a physician, impacts greatly upon their willingness to testify. A poorly executed first contact or bad first impression will only decrease the
REFLEX SYMPATHETIC DYSTROPHY (RDS) – A MYSTERIOUS PAIN EXPLAINED
INTRODUCTION An otherwise healthy patient presents to the emergency department of her local hospital after falling onto her out-stretched arms. She has an obvious deformity of her wrist. The ER physician consults an Orthopedic surgeon who successfully reduces her broken wrist and places a cast over her wrist and lower arm. The patient is discharged home in good condition. Several days later she returns to her Orthopedist for a check-up; she has no complaints and is doing
THE FAILURE TO TIMELY DIAGNOSE CAUDA EQUINA SYNDROME (CES) IN THE EMERGENCY ROOM AND ITS RELATED CON
INTRODUCTION A 25-year-old otherwise healthy male lifts a heavy piece of machinery while at work and immediately suffers low back and bilateral leg pain. The company physician places him on bed rest for one week. At the end of the week, the injured worker continues to experience both severe back and leg pain. He presents to his local emergency room with complaints of back and leg pain with no neurological findings except for a positive straight leg raise. He is discharged hom
Costs: "Costs can be loosely categorized as those costs that can and usually are awarded to the
COSTS: HOW THEY ARE AWARDED AND WHY YOU SHOULD BE AWARE OF THEM Costs can be loosely categorized as those costs that can and usually are awarded to the winning party in a civil negligence case and the litigation expenses you should anticipate incurring in your case. While these two areas of costs are interrelated, this overview is solely focused on the first type. In North Carolina, in any negligence action, including medical malpractice, certain costs have been determined by
Damages: "Damages are fundamental to any medical malpractice case in North Carolina. An essenti
Damages are fundamental to any medical malpractice case in North Carolina. An essential part of any medical malpractice case is showing that you were injured by the negligence of a health care provider. In addition, the extent of your damages are an important factor to consider when deciding whether to pursue a claim against your health care provider. Damages in a civil action are classified as either economic or non-economic damages. Economic damages include various specific
The North Carolina Business Court: "established to provide a forum for complex business cases t
THE NORTH CAROLINA BUSINESS COURT: SEEKING BUSINESS COURT JURISDICTION AND WHY YOU’D WANT TO The North Carolina Business Court was established to provide a forum for complex business cases to be heard before judges knowledgeable about the pertinent issues. There are many types of cases which may qualify as complex business cases. For the purposes of this overview, however, it will suffice to say that the Business Court is for those cases which, based upon their subject matter
Expert Witnesses: "One of the most important parts of almost every medical malpractice action i
EXPERT WITNESSES- WHAT ARE THEY AND WHY DO I NEED ONE? One of the most important parts of almost every medical malpractice action in North Carolina is the expert witness. Although there is a great body of law on the subject, this overview shall attempt to give you a general understanding of who qualifies as an expert their role in your case, and why you need one. North Carolina law requires almost all medical malpractice cases to be reviewed by an expert witness prior to fil
Causation: "An essential part of any medical malpractice case is showing that the health care p
THE APPLICABLE STANDARD OF CARE The standard of care is an important phrase you will hear often in any medical malpractice case in North Carolina. An essential part of any medical malpractice case is showing that the health care provider failed to meet this standard of care while providing treatment to the injured party. North Carolina General Statute §90-21.12 defines the standard of care as “the standards of practice among members of the same health care profession with sim