Presenting the Forensic Presenting the Forensic PathologistPathologist

AAJ Nursing Home Litigation AAJ Nursing Home Litigation Seminar 2007 Las VegasSeminar 2007 Las Vegas

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What is a Forensic What is a Forensic PathologistPathologist

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What REALLY is a Forensic What REALLY is a Forensic PathologistPathologist

A Physician who specializes in the A Physician who specializes in the investigation of deathinvestigation of death Traumatic deathTraumatic death

Why retain the forensic Why retain the forensic pathologistpathologist

Causation of injuryCausation of injuryPressure ulcersPressure ulcersStrangulationStrangulation InfectionsInfectionsUnexplained injuriesUnexplained injuries Inconsistencies on death Inconsistencies on death certificatecertificate

How to pick the right expertHow to pick the right expert

Board CertifiedBoard Certified Willing to meetWilling to meet Reviews cases for both victims and nursing Reviews cases for both victims and nursing

homeshomes Not disqualified previouslyNot disqualified previously Review CVReview CV No BaggageNo Baggage

Listserv searchListserv search Trialsmith searchTrialsmith search AAJ ExchangeAAJ Exchange Google/Google alertsGoogle/Google alerts

Information to give ExpertInformation to give Expert

Nursing Home RecordsNursing Home Records All Pictures of VictimAll Pictures of Victim Hospital RecordsHospital Records Family Physician RecordsFamily Physician Records Police ReportsPolice Reports Incident Reports/death certificatesIncident Reports/death certificates Statements of CaregiversStatements of Caregivers

Forensic Pathologist Forensic Pathologist ReportReport

Correct FactsCorrect Facts Correct LawCorrect Law Review ConclusionsReview Conclusions Meet with Expert prior to Meet with Expert prior to

ReportReport Know your jurisdictionKnow your jurisdiction

Preparing the Expert for Preparing the Expert for DepositionDeposition

Meet with ExpertMeet with Expert Show prior depositions of defense Show prior depositions of defense

attorneyattorney Review Prior Depositions of ExpertReview Prior Depositions of Expert Review all publications of ExpertReview all publications of Expert Review Defense ExpertsReview Defense Experts

Diffusing the DefenseDiffusing the Defense

Anticipate all defensesAnticipate all defenses Review defense expert Review defense expert

reportsreports

Utilizing the standardsUtilizing the standards

Geriatric Medicine-BrocklehurstGeriatric Medicine-Brocklehurst American Academy of Forensic American Academy of Forensic

Sciences JournalSciences Journal Forensic Pathology-KnightForensic Pathology-Knight

Direct ExaminationDirect Examination

Daubert issuesDaubert issues Is expert qualified to give Is expert qualified to give

opinionopinion Is opinion usefulIs opinion useful Is opinion sufficiently reliable Is opinion sufficiently reliable

that court should allow jury to that court should allow jury to hearhear..

Opinions during testimonyOpinions during testimony

Elicit opinion in Voir DireElicit opinion in Voir Dire Clarity and simplicityClarity and simplicity Beginning/middle/EndBeginning/middle/End Bracket Unfavorable Bracket Unfavorable

testimony between favorable testimony between favorable testimonytestimony

Medicine OnlyMedicine Only

Normally will not deal with Normally will not deal with Corporate malfeasanceCorporate malfeasance