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Published byGerald Johns Modified over 8 years ago
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Presenting the Forensic Pathologist AAJ Nursing Home Litigation Seminar 2007 Las Vegas
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What is a Forensic Pathologist,
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What REALLY is a Forensic Pathologist A Physician who specializes in the investigation of death A Physician who specializes in the investigation of death Traumatic death Traumatic death
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Why retain the forensic pathologist Causation of injury Causation of injury Pressure ulcers Pressure ulcers Strangulation Strangulation Infections Infections Unexplained injuries Unexplained injuries Inconsistencies on death certificate Inconsistencies on death certificate
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How to pick the right expert Board Certified Board Certified Willing to meet Willing to meet Reviews cases for both victims and nursing homes Reviews cases for both victims and nursing homes Not disqualified previously Not disqualified previously Review CV Review CV No Baggage No Baggage Listserv search Listserv search Trialsmith search Trialsmith search AAJ Exchange AAJ Exchange Google/Google alerts Google/Google alerts
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Information to give Expert Nursing Home Records Nursing Home Records All Pictures of Victim All Pictures of Victim Hospital Records Hospital Records Family Physician Records Family Physician Records Police Reports Police Reports Incident Reports/death certificates Incident Reports/death certificates Statements of Caregivers Statements of Caregivers
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Forensic Pathologist Report Correct Facts Correct Facts Correct Law Correct Law Review Conclusions Review Conclusions Meet with Expert prior to Report Meet with Expert prior to Report Know your jurisdiction Know your jurisdiction
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Preparing the Expert for Deposition Meet with Expert Meet with Expert Show prior depositions of defense attorney Show prior depositions of defense attorney Review Prior Depositions of Expert Review Prior Depositions of Expert Review all publications of Expert Review all publications of Expert Review Defense Experts Review Defense Experts
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Diffusing the Defense Anticipate all defenses Anticipate all defenses Review defense expert reports Review defense expert reports
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Utilizing the standards Geriatric Medicine-Brocklehurst Geriatric Medicine-Brocklehurst American Academy of Forensic Sciences Journal American Academy of Forensic Sciences Journal Forensic Pathology-Knight Forensic Pathology-Knight
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Direct Examination Daubert issues Daubert issues Is expert qualified to give opinion Is expert qualified to give opinion Is opinion useful Is opinion useful Is opinion sufficiently reliable that court should allow jury to hear. Is opinion sufficiently reliable that court should allow jury to hear.
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Opinions during testimony Elicit opinion in Voir Dire Elicit opinion in Voir Dire Clarity and simplicity Clarity and simplicity Beginning/middle/End Beginning/middle/End Bracket Unfavorable testimony between favorable testimony Bracket Unfavorable testimony between favorable testimony
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Medicine Only Normally will not deal with Corporate malfeasance Normally will not deal with Corporate malfeasance
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