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Latest News
Medical-Legal Nightmare: The FDA allows Opiates Fr...
»
An FDA panel has voted against the current version...
Malfunctioning Infusion Pumps Prompt an Increase i...
»
Recently the FDA finally agreed to step into the f...
FDA Advised to Block Avastin for Breast Cancer-Mal...
»
A special advisory panel recently concluded that t...
Lead Poisoning: Still a Big Toxicology and Medica...
»
Lead poisoning among young children, which can cau...
Medical Expert Bias and "Hired Guns" in Product Sa...
»
A new analysis of reviews and articles about the c...
Who Should Be Blamed When a Medical Device Fails? ...
»
When medical devices or equipment fail, product li...
Follow-Up to Faulty Radiotherapy Equipment, Patien...
»
I have previously written about medical malpractic...
Traumatic Brain Injuries in the U.S.--Medical Lega...
»
Traumatic brain injuries (TBIs) have increased 21%...
Concerns About Faulty Hip Implants According to Ex...
»
Some of the nation’s leading orthopedic surgeons i...
Emergency Room Overcrowding and the Dangers: From ...
»
Emergency room overcrowding and the dangers relate...
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Total: 35 results found.
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1.
Revision to Federal Rule 26 Expert Reports
(Blog/Dr. Gustin's Blog)
... 26. Within these amendments, which will become effective on December 1, 2010 absent contrary Congressional
action
, the Court proposes extending attorney work product protection to expert report drafts. ...
Thursday, 02 September 2010
2.
Medical Malpractice in the ER: Maintaining a "High Index of Suspicion"
(Blog/Dr. Gustin's Blog)
... is an irregular beating
action
of the heart, an arrhythmia called ventricular fibrillation, which is treatable with drugs and electric shock when given in a timely manner. A small percentage of patients ...
Monday, 23 August 2010
3.
Questions to ask Defendant Physicians in Deposition
(Blog/Dr. Gustin's Blog)
Over the years, I have reviewed many cases and read many physician defendant depositions in medical malpractice
action
s. I have found that there is no standard format used by attorney's to obtain ...
Wednesday, 11 August 2010
4.
Malfunctioning Infusion Pumps Prompt an Increase in Medical Malpractice Lawsuits
(Latest News/Latest News)
Recently the FDA finally agreed to step into the foray regarding infusion pumps because of increasing reports of preventable death, leading to more and more medical malpractice
action
s. Infusion ...
Wednesday, 11 August 2010
5.
What Factors Influence Persistent Neck Pain after Whiplash?
(Interesting Cases/Interesting Cases)
... results at the same visit and, therefore, to start interdisciplinary
action
s at the beginning to improve results. Sidebar Key Points Factors related with VAS 6 months after a whiplash injury were ...
Tuesday, 06 July 2010
6.
De-escalating the Toxicologically Altered Aggressive Individual
(Blog/Dr. Gustin's Blog)
... that ineffective interpersonal relationships and inter
action
s are major factors in escalating the aggressive behavior of a volatile individual. Irwin concludes that intolerable environments and ineffectual ...
Tuesday, 11 May 2010
7.
De-escalating the Toxicologically Altered Aggressive Individual
(Interesting Cases/Interesting Cases)
... inter
action
s are major factors in escalating the aggressive behavior of a volatile individual.[8,9] Irwin concludes that intolerable environments and ineffectual inter
action
s are far more likely to influence ...
Tuesday, 11 May 2010
8.
Ten Mistakes Attorneys Make Regarding Medical Experts
(Blog/Dr. Gustin's Blog)
... disqualified from giving testimony previously. Make sure that there are no proverbial skeletons in the expert's closet: too many lawsuits, no loss of license, no disciplinary
action
by their ...
Sunday, 09 May 2010
9.
Who Should Be Blamed When a Medical Device Fails? Product Liability Issues
(Latest News/Latest News)
When medical devices or equipment fail, product liability lawsuits are often filed in order to recover from the victims or victims in class
action
. Medical and technical expert witnesses have always ...
Thursday, 06 May 2010
10.
What the Court Looks for in Medical Expert Witness Testimony
(Blog/Dr. Gustin's Blog)
... sustain a medical malpractice or personal injury
action
. However, before the medical expert can be of value, he or she must satisfy the court requirements related to medical expert qualifications. ...
Wednesday, 05 May 2010
11.
Where Does Your Medical-Legal Case Really Begin?
(Blog/Dr. Gustin's Blog)
When you interview prospective clients, consider that the medical-legal
action
, be it medical malpractice, personal injury, product liability, toxic tort, overdose or whatever, often begins prior to ...
Tuesday, 27 April 2010
12.
What Constitutes the Standard of Care for Medical Expert Witnesses in Medical-Legal Actions including Medical Malpractice
(Blog/Dr. Gustin's Blog)
The standard of care must be fully understood by a consulting medical expert witness who is involved in a medical legal
action
, particularly medical malpractice. Let's talk about what constitutes ...
Wednesday, 21 April 2010
13.
A Patient with Pneumonia and Severe Arthralgias and other Findings. Is Failure to DIagnose Medical Malpractice?
(Interesting Cases/Interesting Cases)
Sometimes diseases are so rare and case presentations so atypical that it is difficult to blame a physician for failure to diagnose, and this should not lead to a medical malpractice
action
, no matter ...
Tuesday, 13 April 2010
14.
Follow-Up to Faulty Radiotherapy Equipment, Patient Injury, and Medical and Hospital Malpractice Litigation
(Latest News/Latest News)
I have previously written about medical malpractice and hospital malpractice
action
s stemming from mistakes made while delivering radiation therapy. Last week the FDA finally said that they will ...
Sunday, 11 April 2010
15.
Medical Expert Witnesses are Necessary to Determine Whether the Standard of Care was met
(Blog/Dr. Gustin's Blog)
... circumstances. In medical malpractice cases, the physician's
action
s must be measured against those expected of other similar physicians. This often means that similar physicians are those ...
Sunday, 11 April 2010
16.
RES IPSA LOQUITUR, Medical Expert Witnesses, and your Medical Legal Case
(Blog/Dr. Gustin's Blog)
Res ipsa loquitur is a Latin phrase meaning “the thing speaks for itself”. It is a legal doctrine which is sometimes used by plaintiffs in negligence
action
s and other medical legal cases, including medical ...
Friday, 02 April 2010
17.
Chest Pain, Medical Malpractice, and Your Medical Legal Case
(Blog/Dr. Gustin's Blog)
When a patient comes to an Emergency Room complaining of chest pain, the Emergency Physician is faced with complex and difficult decisions. Chest pain is a key issue in many medical malpractice
action
s, ...
Saturday, 27 March 2010
18.
EMTALA Violations, ER Overcrowding, and Litigation
(Interesting Cases/Interesting Cases)
... by government
action
....and describe discrete areas of health system structure and function that matter significantly for health system performance."[6] Financing for EDs nationwide has been adversely ...
Wednesday, 03 March 2010
19.
What is Proximate Cause?
(Blog/Dr. Gustin's Blog)
... have established the "but for" test which states that but for the defendant's
action
, the injury would not have happened. Courts have used the "but for" rule, otherwise known as the "sine qua non" rule, ...
Tuesday, 02 March 2010
20.
The Government Gets Aggressive with Diabetes Drug-Avandia
(Latest News/Latest News)
Three years ago, Dr. Steven E. Nissen, a cardiologist at the Cleveland Clinic, conducted a landmark study that suggested that the best-selling diabetes drug Avandia raised the risk of heart attacks. The ...
Tuesday, 23 February 2010
21.
Issues around Defensive Medicine and Medical Malpractice Risk
(Blog/Dr. Gustin's Blog)
... see,' they must think twice about that course of
action
. If he or she misses a diagnosis and the patient sues, the attorney will blame the doctor for not having done more diagnostic tests. How should ...
Friday, 19 February 2010
22.
Talking about Product Liability and Medical Legal Experts
(Blog/Dr. Gustin's Blog)
... products and who benefit from their sale, must bear the cost of injuries. The resulting litigation becomes a so-called product liability
action
. Is the health care provider who used the defective ...
Monday, 15 February 2010
23.
Ruptured Brain Aneurysms and Subarachnoid Hemorrhage-a Comprehensive Review
(Interesting Cases/Interesting Cases)
... the best outcomes if correctly identified and treated.[2] Misdiagnosis of SAH is an important cause of medico-legal
action
s against physicians.[14,15] This review updates emergency physicians on diagnostic ...
Friday, 12 February 2010
24.
FDA Takes Action Against Doctor Promotions
(Latest News/Latest News)
The FDA has recently sent a warning letter to one of the most prominent highly quoted dermatologist and clinical researcher in the nation, citing the doctor for expressing irresponsible and premature enthusiasm ...
Sunday, 31 January 2010
25.
What happened to the SHAVING BLADE!
(Interesting Cases/Interesting Cases)
... foreign body imp
action
s usually occur at the pylorus of the stomach, the C-bend of the duodenum, and at the ileocecal valve. In the colon, imp
action
s typically occur at the hepatic and splenic flexures.[3] ...
Friday, 30 January 2009
26.
Woman with Sudden Onset Nausea and Vomiting: Could this be a case for a Toxicology Expert Witness?
(Interesting Cases/Interesting Cases)
... obstruction, tr
action
resulting from disease of the appendix, colonoscopy, pregnancy, postoperative abdomen, and colonic ileus (pseudo-obstruction) have all been reported. The most common distal colonic ...
Wednesday, 10 December 2008
27.
Locality Rules and Qualifying Testifying Medical Experts
(Blog/Dr. Gustin's Blog)
... to see a motion during a medical malpractice
action
that seeks to invoke the locality rule as a way to disqualify a medical expert's testimony. Fortunately, most courts do not accept this ploy as it has ...
Tuesday, 09 December 2008
28.
Changes in Doctor Training
(Latest News/Latest News)
... directly to patient injury and potential medical malpractice
action
s. To read the full article: Click Here. ...
Tuesday, 09 December 2008
29.
Fainting in a 24 year old male
(Interesting Cases/Interesting Cases)
... by an accessory pathway within the heart that conducts
action
potentials between the atria and ventricles outside of the normal conduction system (which conducts through the atrioventricular [AV] node-His-Purkinje ...
Monday, 01 December 2008
30.
Bird Droppings and a Chronic Cough
(Interesting Cases/Interesting Cases)
... not immunosuppressed.[11] The sensitivity of antigen detection is higher in urine than serum. Cross-re
action
s can be seen in patients with blastomycosis, coccidioidomycosis, penicilliosis (caused by Penicillium ...
Tuesday, 25 November 2008
31.
A Young Baseball Player in Cardiac Arrest
(Interesting Cases/Interesting Cases)
... revealed a normal left ventricular systolic ejection fr
action
, with no structural abnormalities, valvular disease, or hypertrophy. A repeat 12-lead ECG showed no changes from the previous one, and subsequently, ...
Wednesday, 12 November 2008
32.
Using the Right Medical Experts for Case Evaluation, Medical Record Review, and Expert Witness Testimony
(Blog/Dr. Gustin's Blog)
... general rule, the medical expert should have the same professional qualifications as the defendant physician. In Short v. Atlantic Care Regional Medical Center, the medical malpractice
action
was dismissed, ...
Friday, 07 November 2008
33.
News Tidbits from Late 2007 and 2008
(Latest News/Latest News)
... almost 44,000 in 2005-06, while legal work in some sectors (med mal, PI, securities class
action
s) has fallen, and the number of law schools has increased by 11 percent since 1995 to 196. The top one-fourth ...
Tuesday, 04 November 2008
34.
The Controversial Case of Levine v Wyeth
(Blog/Dr. Gustin's Blog)
... case was settled last year for $700,000.00. Levine has now sued Wyeth in a product liability
action
alleging that the product labeling is inadequate. She contends that the Phenegan label should state ...
Wednesday, 29 October 2008
35.
About Dr. Gustin
(Home Page/About Dr. Gustin)
... in Criminal Cases Substance Abuse and Addiction (Drug and Alcohol, including DUI) Pharmaceutical Medicine (Drug-Drug inter
action
s, Drug-Disease Inter
action
s, Overdose, Unsafe poorly tested Drugs) Flight, ...
Sunday, 19 October 2008
Latest Blog Posts
Revision to Federal Rule 26 Expert Reports
Are Physicians Obligated to Serve as Medical Expert Witnesses?
Medical Malpractice in the ER: Maintaining a "High Index of Suspicion"
The FDA and Control of Opiates, a disaster perpetuated!
Questions to ask Defendant Physicians in Deposition
Avoiding Medical Malpractice When Patients are Handed Off to Other Physicians
De-escalating the Toxicologically Altered Aggressive Individual
Ten Mistakes Attorneys Make Regarding Medical Experts
Legal News
FDIC's New Power to Dissolve Companies Raises Concerns
Legal Sector Gained 1,000 Jobs in August
Hodgson Russ Partners Sued Over Fla. Office Closure
Associate Tech Survey 2010: Less Tech Lowers Morale
Colonial Bancgroup Defeats FDIC Attempt to Assert $905 Million Priority Claim
Kagan Indicates She'll Recuse in a 12th Pending Case
Lawyer Accused of Impersonating Client's Dead Wife
Coca-Cola Sued Over Vitaminwater Claims
Bid Fails for Class Certification in Subprime Securities Case
Judge Apologizes for Courtroom Rant, Says He Meant Well
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