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Standards for Qualifying An Expert Witness: Daubert or Frye?
Though the Daubert standard is undoubtedly the most prevalent in federal courts and a majority of states, a number of states have begun to branch off by combining Daubert with Frye, continuing with Frye, or even deciding on their own methods for evaluating expert witnesses.
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When is Prescribing Opioids Medical Negligence?
The opioid crisis has been a hot topic in the news lately. Physicians are prescribing medications without ever seeing or examining patients. Patients are becoming addicted or worse, overdosing and dying. Yet other patients have chronic pain and are on pain medications for a long period of time. How can you tell if this is…
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How to Make the Most of Your Medical Legal Consultant
Medical legal consultants are an important part of the legal team at many prestigious law firms. They assist attorneys with the complicated medical aspects of their cases. They have inside knowledge gained from the years spent working in the medical field. The most common type of consultant would be a nurse as they have been…
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Medical Errors: A Leading Cause of Death in the US
The electronic medical record was implemented to try and reduce the number of medical errors by providing continuity of care as well as a solution to the problem of deciphering illegible handwriting. Over the past several years, most physician offices and hospitals have converted to utilizing this type of charting system. However, in a study…
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Recent Case Law and the Electronic Medical Record
In 2005, President George W. Bush mandated the use of the electronic medical record (EMR) causing nearly every health care facility to convert from paper records to the EMR. Two recent (2011) court decisions may impact the standard of care and provide some guidance on how to handle EMR litigation. Embedded Warnings Many EMR systems…
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