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Medical expertise for healthcare defense:
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Perspectives

The Five-Step Process for Assessing Quality of Care

by ExcelasJune 8, 2017
There are many aspects to building a strong defense, but one crucial factor is using the medical record to paint a picture of the quality of care that was provided. In many cases, the medical record contains much of the information the defense needs. The trick is knowing how to navigate the complexities of the medical record. [More]

Defense Tactics | Issues in LTC | Long-term Care

Three Steps to Building a Successful Wrongful Death Defense

by ExcelasMay 11, 2017
Defending against a wrongful death claim can prove challenging. Often, the "blame" is directed at the last place the deceased received care, although myriad factors may have contributed to the cause of death. To be successful, the plaintiff must first prove that an event or injury occurred as a result of negligence. Then it must be proven that the event or injury proximately caused or contributed to cause of death. Even with a death certificate, the cause of death can remain uncertain, so an accurate and detailed medical record review is vital. Here are a few recommendations to consider... [More]

Defense Tactics | Issues in LTC | Long-term Care

LEGAL IMPLICATIONS OF CHANGES TO PRESSURE ULCER TERMINOLOGY

by ExcelasNovember 29, 2016
Recent—and controversial—changes to pressure ulcer (now pressure injury) terminology and staging are accompanied by potentially significant legal implications for the healthcare field. [More]

Defense Tactics | Issues in LTC | Litigation Trends | Long-term Care

Reptile Strategy in Healthcare Litigation: Opening Statements

by ExcelasSeptember 30, 2016
Reptile Theory is ubiquitous, and it’s here to stay. With many plaintiffs’ attorneys now employing this theory in their trial strategy, defense attorneys must face the challenge of effectively defending against it.

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Defense Tactics | Litigation Trends

REPTILE DEFENSE TACTICS: PRIMING IN VOIR DIRE

by ExcelasAugust 25, 2016
With more than $6 billion (and counting) in verdicts and settlements since 2009, the Reptile Theory has been a slam dunk for the plaintiff bar. The defense bar has devised a three-part strategy for battling the theory, starting with witness testimony and deposition, as proposed by jury expert Bill Kanasky. The next opportunity to fight the Reptile: Priming potential jurors in voir dire. [More]

Defense Tactics | Litigation Trends

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