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Perspectives

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

Reptile Theory in Healthcare Litigation: Deposition and Witness Testimony

by ExcelasAugust 4, 2016
The Reptile Theory is arguably the most game-changing trend in litigation in recent history. The goal of the theory, which was created by Don Keenan, Esq. and jury consultant Dr. David Ball as a counter to tort reform, is to achieve plaintiff verdicts and high damages even in jurisdictions where damage caps exist.
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Defense Tactics | Litigation Trends | Long-term Care

Reptile Theory in Healthcare Litigation: Introduction

by ExcelasJuly 29, 2016
The Reptile Theory is arguably the most game-changing trend in litigation in recent history. Originally developed by Don Keenan, Esq. and jury consultant Dr. David Ball, the trial method was created in response to tort reform. The strategy was designed specifically to achieve plaintiff verdicts and high damages, even in jurisdictions where damage caps exist. It has been so successful for the plaintiff bar in personal injury and medical malpractice cases that it has now made its way into other areas of law, including product liability and transportation. Because of the theory’s prevalence in medical malpractice, it’s important for healthcare providers to be aware of how the strategy typically unfolds during litigation. [More]

Defense Tactics | Litigation Trends | Long-term Care

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