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
PLASTIC SURGERY: Woman Suffers Necrosis Following Breast Reduction - Multiple Additional Procedures
We thank Charles E. Rawlings, attorney for the plaintiff, for sending us a report of this case. The plaintiff, age thirty-three, had significantly large breasts which caused neck, shoulder and back discomfort. The plaintiff was a smoker who had been treated multiple times at an out-patient clinic for treatment of her tobacco use. In January 2008 the plaintiff went to a VA center and consulted Dr. Frank Lansden regarding a breast reduction. Dr. Lansden found the plaintiff to b
EMERGENCY MEDICINE: Failure to Properly Evaluate and Refer to Urologist Following Blunt Trauma to Te
We thank Charles E. Rawlings, attorney for the plaintiff, for sending us a report of this case. The plaintiff went to the emergency room at Cherokee Indian Hospital in Cherokee, North Carolina with acute pain caused by testicular trauma after being hit by a softball. The plaintiff was also urinating blood. The plaintiff was evaluated by family nurse practitioner Michael B. Wiseman, who prescribed hydrocodone and naproxen. The plaintiff was discharged three hours later with ad
Back Pain, Lumbar Surgery and Litigation: A Brief Overview
Low back pain is one of the most common symptoms a physician encounters in the general patient population. Low back pain occurs at least once in 85% of the population aged 50 or less and is the fourth most common complaint in outpatient medicine. The medical costs associated with low back pain are surpassed only by those associated with cancer and heart disease. As a result of its ubiquity, the diagnosis and treatment of low back pain is frequently associated with litigation.