Clinical Standards in Medicine



Medical negligence litigators seek to establish which clinical standards are pertinent to their case, define what these clinical standards are, and then set out to demonstrate how the clinical standards were not followed.

Historically, from the physicians' point of view, the issue of "clinical standards" has evoked much apprehension and concern. Physicians claim, and with some fervor, that creating specific standards of care can not be done because each patient is unique, the variables are often myriad and complex, and the deductive reasoning and creative process which leads to a successful diagnosis and treatment would be hindered. They further argue that clinical standards will ultimately increase physicians' liability exposure and thus will do more harm than good.



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Contributed by Dr. Barry Gustin

Selecting a Technical Expert and Avoiding Common Mistakes

Contributed by Ron Tolmei, Ph.D.


When I talk to attorneys about selecting and deciding how to use a technical expert, I make the following recommendations:

Get the expert aboard at an early stage so he or she can help you prepare and focus your case and advise you about information you will need to obtain through discovery. This will save you a lot of time and misdirected energy.

Identify potential experts within the field or general area you are concerned with. Use technical and expert witness directories, agencies, computer searches, referrals and other available resources. Get as much information as you can about the qualifications and experience of each potential expert. Be aware that, more often than not, experts who have broad general experience in a given field will be more useful and effective than experts who have focused on one small sub-area.



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Expert Witness Spotlight: Maurice Robinson

Maurice Robinson is a Certified General Real Estate Appraiser in California and other states. He is experienced in hotel & real estate industry financial and business issues, disputes between owner-operator, borrower-lender, lessor-lessee, insured-insurer, & franchisor-franchisee; expertise includes hotels and resorts, golf, timeshare, gaming, cruise ships, restaurants, condo-hotels, theme parks, National and State Parks, and other hospitality and leisure-oriented types of real estate.


In 2000, he won top award from real estate counseling/appraisal peers for appraising the Grand Canyon.


More information on Mr. Robinson can be viewed here.

Want to be part of Caltrans' expert witness pool?


CALTRANS SEEKS LETTERS OF INTEREST FOR EXPERT WITNESS CONSULTANTS
Caltrans is soliciting Letters of Interest from qualified individuals or firms that may lead to contracts to provide specialized expertise as an expert witness in lawsuits, arbitrations and/or litigation involving Caltrans. Submission of Letters of Interest is on-going.

More from the Caltrans website:
Legal Expert Witness Consultants

Tips for Expert Witnesses: Playing the Game of Billing & Collection

As an expert witness, billing for your services and receiving payment can sometimes be a difficult and drawn out situation. Horror stories that are the norm in the industry have ranged from extremely long payment wait times and non-payment of invoices to ugly disputes over the scope of work and billing discrepancies. You can often minimize payment problems by developing clear billing policies and procedures for your practice. This is business after all and nothing is more important than putting your terms and conditions down on paper. If clearly written, it can only serve to protect you down the road.


Read the complete article here.


What did you think of the article? Did you find any new and useful tips? Share your feedback with us!

Expert Witness Spotlight: Thomas L. Read, Ph.D., P.E.


Dr. Thomas L. Read, of Read Consulting, is a licensed engineer based in Northern California, specifically Sonoma County. He has over 25 years of hands on manufacturing and failure analysis experience.This includes patent disputes, failure analysis, process development, vacuum deposition, cleaning, machining and manufacturing disputes.


Some of Dr. Read's area of expertise are:
Failure Analysis
• Glass
• Metals
• Ceramics
• Plastics
• Manufacturing
• Factory Safety
• Accident Reconstruction



More information on Dr. Read can be found here.
Visit Dr. Read's own blog here.