Articles Posted in Expert Witness Testimony

In Nursing Standard of Care Guidelines: Why a blank or incomplete medical record suggests conduct that falls below the standard of care, attorney Kristin Miller answers the question “Why does a blank or incomplete medical record indicate a likelihood of nursing conduct that falls below the standard of care?”

“Nurses are required to routinely conduct assessments and reassessments, and they are required to document all of their findings in the patient’s medical record. A blank or sparsely filled in medical record at a time when the patient is receiving intensive care is a strong indicator of below standard conduct by the nursing staff.” Says Gayle Nash with Nash Legal Nurse Consulting, and a Chief Nursing Officer with twenty-seven years of executive nursing leadership experience.

A myriad of patient care considerations go into each patient assessment and reassessment. Nash preaches that a skilled nurse performing their work pursuant to standard of care will practice due diligence in their charting practices thoroughly performing as well as documenting each assessment and reassessment. The medical record, after all, is the patient care fingerprint indicating both the patient’s health status as well as how the nurses are performing and completing their patient rounds. A sparsely complete medical record should be investigated as a possible indicator of below standard nursing conduct.

British Petroleum expert witnesses will testify before U.S. District Judge Carl Barbier in an effort to lower the possible $13.7B fine as a result of the Deepwater Horizon oil spill. BP hopes to prove the damage was not as devastating as originally projected. Dr. John W. Tunnell Jr., marine biology expert at the Harte Research Institute for Gulf of Mexico Studies at Texas A&M University – Corpus Christi, will testify regarding the spill’s impact on fish, shellfish and birds in the Gulf of Mexico. The marine biology expert witness is Associate Director and Endowed Chair of Biodiversity and Conservation Science.

The Harte Research Institute website explains that the 2010 Deepwater Horizon blowout was unprecedented not only because of the volume of oil that leaked from the well but also the location wehre the oil was escaping was almost a mile beneath the Gulf’s surface, “creating problems with which responders had never before been confronted….”

During all previous spills the oil rose to the surface and drifted with the wind so modern oil spill response equipment and techniques have been designed to deal with that scenario. However, in the case of Deepwater Horizon, plumes of oil drifted with currents at various depths, settled to the bottom or dispersed throughout the water column making the use of skimmer ships, floating booms and controlled burns less effective.

Psychologist and child abuse expert witness Dr. William L Carter testified in the Waco, TX, case against Sergio Bezerra. The former Waco Baptist Academy teacher was convicted of abusing two students in 2008 and was sentenced to 80 years in prison. Four young women testified that Bezerra molested them. Dr. Carter did not evaluate the victims but described how the abuser brings victims into abuse, many times starting with favoritism.

Protocols involved in a Child Sexual Abuse Forensic Interview are discussed on the Forensic Pediatrics Experts – Child Abuse & Child Safety website:

General Protocols Child Forensic Interview Expert Analysis Components An objective assessment of a forensic interview involving a child who reports sexual abuse is a prudent component of quality improvement and assuring proper procedures were followed. A poor interview does not discount the possibility of sexual abuse. However, the format and process of the forensic interview have been developed to minimize leading questions and ensure as accurate a history as possible.

Accident investigation expert witness Travis Webster testified in the case against 19 year old James Crosby in the death of Kathy Lattimore, 67, and Derek Nichols, 20. Crosby was found guilty of manslaughter in the December 31, 2013 Newfield, NY, crash. Webster, a New York state investigator, calculated that Crosby was driving over 84 mph when he hit the victims vehicle. Crosby was found guilty of manslaughter as well as second-degree assault, third-degree assault and reckless driving in the fatal crash.

The prosecution described Crosby’s driving as reckless while defense attorney Joseph Joch said freezing temperatures may have caused icy conditions when Crosby’s car crossed into the opposing lane. Eye witnesses testified that they saw Crosby passing other cars at high speeds on windy roads that night.

Accident investigation experts take into consideration collision analysis, collision speeds, skidmark analysis, and speed determinations, as well as related issues.

Police procedures expert witness Ron Martinelli, Ph.D., B.C.F.T., C.F.A., C.L.S., testified in the Missoula, MT, homicide case against Markus Kaarma. The defendant is accused of fatally shooting German foreign exchange student, Diren Dede. The 17 year old was in Kaarma’s garage allegedly looking for alcohol when he was shot and killed.

Dr. Martinelli’s testimony described flaws in the investigation and said if he were investigating the case, “there was much more work that needed to be done before they made their decision” in charging Kaarma. He went on to say that officers charged Kaarma precipitously and then worked to “make the evidence fit the charge.”

Dede was not armed but Montana’s stand-your-ground law makes it easier for defendants to avoid prosecution in a shooting if they felt an imminent danger at the time of the incident.

Post traumatic stress expert witness Mitchell Clionsky testified for the defense in the Springfield, MA, lawsuit against nightclub owner Demetrious Konstantopoulos. Cara Lyn Crncic alleges that a 2011 assault by Konstantopoulos has caused her to suffer from PTSD. However, the psychology expert testified that the defendant’s actions were not violent or threatening enough to meet standards for PTSD and that other incidents in Crncis’s life are contributors to her anxiety. Dr. Clionsky is the Director at Clionsky Neuro Systems, Inc. in Springfield, Massachusetts. He testified that a diagnosis of PTSD must meet clinical criteria.

The National Institute of Mental Health explains PTSD:

PTSD develops after a terrifying ordeal that involved physical harm or the threat of physical harm. The person who develops PTSD may have been the one who was harmed, the harm may have happened to a loved one, or the person may have witnessed a harmful event that happened to loved ones or strangers.

Dentistry expert witness Dr. Gary Pearl testified on behalf of the Connecticut Department of Public Health in the case against Dr. Rashmi Patel. State health officials are trying to permanently revoke Patel’s dental license after the death of Judith Gan. Gan died an hour after getting implants and 20 teeth extracted in Patel’s office. During the procedures, the retired librarian’s vital signs dropped and dental assistants asked him to stop. By the time 911 was called, Gan had no brain waves or heartbeat.

While Dr. Patel says he did nothing wrong, state health officials suspended his license in April. Dr. Pearl testified “It’s my belief that (Gan) did not have to die to receive this dental treatment and it is because of… Patel’s negligence that she died.”

In 2013 a male patient was being treated for an extraction that resulted in a six day hospital stay for heart and lung damage. The patient’s throat pack was sucked into his lungs.

Child abuse expert witness Dr. James Lukefahr testified in the case against Matthew Aranda following the death of Aranda’s adopted daughter Melody Velasquez, 3. Aranda claims that she accidentally fell down a flight of stairs but medical experts have testified that the death was a homicide. Dr. Lukefahr, director of the Children’s Hospital of San Antonio, told the jury “If someone or something could cause her to be thrown or pushed down the staircase at a very high rate of speed, then that conceivably (could) cause some of those fatal injuries that she had.” Melody suffered broken limbs, ribs, multiple bruises and head injuries.

The professor of pediatrics testified recently before the Commission to Eliminate Child Abuse and Neglect Fatalities in San Antonio, TX. He presented statistics showing that in 2013 Texas had 156 child abuse and neglect deaths. In 2011 there were 231, and 280 in 2009.

The Commission to Eliminate Child Abuse and Neglect Fatalities held its first public meeting this week at the University of Texas, San Antonio on June 2-3, 2014. CECANF was established by Public Law 112-275 (112th Congress), the Protect Our Kids Act of 2012, to develop a national strategy and recommendations for reducing fatalities across the country resulting from child abuse and neglect. The meeting in San Antonio was the first opportunity for Commission members to gather detailed information and insight related to federal policy, research, and practice associated with child abuse and neglect fatalities, with a practice focus on Texas.

Gun range expert witness Albert Rodriguez testified that the County Line Shooting Center, San Marcos, TX, was built in the wrong place and is a “major threat to human life.” Rodriguez is a former Texas Department of Public Safety gun range master and testified that hundreds of bullets have been fired onto neighboring property. Property owners filed a lawsuit to have the range shut down or brought up to safety standards.

In Outdoor Shooting Range Best Practices, the Minnesota Department of Natural Resources describes specifications for the shooting range backstop.

A backstop is a device constructed to stop or re-direct bullets fired on a range A backstop is the key component providing range safety and use for people in the area in and beyond a rifle or pistol range. Current NRA and NSSF safety philosophies are predicated toward range self-containment of shot rounds, i.e., “if it’s shot here, keep it here.” A properly constructed backstop at a rifle and/or pistol range are usually constructed out of a core material of compacted soil, rock or crushed cement, covered by rock-free earthen material, up to a recommended height of twenty (20) feet at a 1:1 slope (soil type dependent), with a 4 foot-wide flat top. Backstop width will be dependent upon the numbers of shooting stations the range operator wants installed at the firing line.

Forensic pathology expert witness Dr. Robert Kurtzman testified in the Grand Junction, CO, case against Heather Jensen. Jensen is charged in the 2012 hyperthermia deaths of her two young sons. Kurtzman described how children succumb to hyperthermia more quickly than adults. Dr. Kurtzman is a Staff Pathologist at the Grand Junction Community Hospital and former Former Mesa County coroner. The Mesa County Coroner’s Office website explains their role:

Deaths may be expected, but others; which are sudden, unexpected, and suspicious or from a violent act are investigated by the Coroner’s Office. The responsibility of the Mesa County Coroner’s Office is to conduct a complete unbiased forensic investigation to determine the cause and manner of death, and to answer any questions which may arise. Questions which seem irrelevant in the initial hours after death can become significant in the following months….

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