Written by: Neurology and Neurophysiology Expert Witness No. 3614
One day a fellow physician came to my practice to be evaluated for a neurological condition. The staff wanted to know what "special measures" we should take for a VIP. Of course the answer to that is simple. If one is already providing the best care possible, the answer is "the same measures we take for everyone". If the answer were anything else, it would imply that every other patient received something less than optimal care.
It seems that at times certain patients receive care that is outside the established standards based on the patient's position, wealth, or notoriety. If excellent medical care is the standard, this deviation from standard practices will by definition provide something other than optimal care.
One of the most recent examples of practicing outside the standard of care is the case involving Michael Jackson and Dr. Conrad Murray. While the details of the case are still being discussed in court, it is clear that Michael Jackson was given the powerful anesthetic Propofol to induce "sleep".
Propofol (Diprivan) is a short-acting, intravenously administered hypnotic agent. Its uses include the induction and maintenance of general anesthesia, sedation for mechanically ventilated adults, and sedation for procedures typically performed in an operative setting with constant monitoring. Propofol acts on the GABAA receptor to slow the closing time of the channel. Activation of this receptor in the brain produces sedating effects. While there is some variability in how patients respond to Propofol, it is always highly sedating and commonly associated with decreased respirations.
The American Academy of Sleep Medicine has a number of suggestions for managing various forms of insomnia. While the use of some sedatives is considered useful, there has never been a recommendation for the use of general anesthetics. Such an idea is so far outside the standard of care that most physicians consider it comical at best.
For any physician dealing with a patient the most important aspect of the interaction is to practice within the standard of care. There is no level of notoriety or financial incentive on behalf of the patient that should warrant clear violations of that standard. Incidents of this nature are shameful and an embarrassment to the profession.
However, we can only speculate as to how many other physicians refused Michael Jackson's request for such medications and instead provided sound advice such as entering a coordinated drug rehabilitation program. Of course, any such physicians are not sitting in the courtroom today.
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Friday, October 14, 2011
Tuesday, October 11, 2011
Is Justice Being Served?
Seinfeld mocked it. Letterman ranked it in his top ten list. And more than fifteen years later, its infamy continues. Everyone knows the McDonald’s coffee case. It has been routinely cited as an example of how citizens have taken advantage of America’s legal system, but is that a fair rendition of the facts? Hot Coffee reveals what really happened to Stella Liebeck, the Albuquerque woman who spilled coffee on herself and sued McDonald’s, while exploring how and why the case garnered so much media attention, who funded the effort and to what end. After seeing this film, you will decide who really profited from spilling hot coffee. Read the whole story here...
"Hot Coffee" : Cup of Cheer for Plaintiffs
"Hot Coffee" is named for the high-profile 1994 case of an elderly New Mexico woman, Stella Liebeck, who spilled McDonald's coffee on herself and sued. Comedians, journalists and politicians mocked her case, adding momentum to the effort to cap damage awards.
The film is an aggressive attempt to channel the public's sympathy back to plaintiffs — using Liebeck's case and others. In graphic detail, it shows Liebeck's third-degree burns that required hospitalization and skin grafts, and it notes Liebeck settled out of court for an undisclosed amount likely far less than her initial $2.9 million jury award.
Business groups are beginning to denounce the film. A spokesman for the U.S. Chamber Institute for Legal Reform said it's as fanciful as the Flat Earth Society, while Victor Schwartz, who appears in the film as general counsel of the American Tort Reform Association, said he regrets participating in what he calls "the most effective piece of propaganda" that trial lawyers have ever put out. Read the whole story here...
The film is an aggressive attempt to channel the public's sympathy back to plaintiffs — using Liebeck's case and others. In graphic detail, it shows Liebeck's third-degree burns that required hospitalization and skin grafts, and it notes Liebeck settled out of court for an undisclosed amount likely far less than her initial $2.9 million jury award.
Business groups are beginning to denounce the film. A spokesman for the U.S. Chamber Institute for Legal Reform said it's as fanciful as the Flat Earth Society, while Victor Schwartz, who appears in the film as general counsel of the American Tort Reform Association, said he regrets participating in what he calls "the most effective piece of propaganda" that trial lawyers have ever put out. Read the whole story here...
Monday, September 19, 2011
Harris County Challenges its own Expert Witness’ Credibility
by Matt Sharp
The Harris County District Attorney’s Office has decided to pursue charges against an expert it has used in multiple murder cases. A pathologist is a doctor who examines a dead body to determine cause and time of death among other things. If the State wishes to prove up that someone was murdered they rely on the truthful testimony of a pathologist to get that proof. If their pathologist has a history of falsifying government documents, lying to authorities, or just lying in general, then a jury is likely to disbelieve the pathologist and will be more likely to uphold the presumption of innocence. Read More on this Article
The Harris County District Attorney’s Office has decided to pursue charges against an expert it has used in multiple murder cases. A pathologist is a doctor who examines a dead body to determine cause and time of death among other things. If the State wishes to prove up that someone was murdered they rely on the truthful testimony of a pathologist to get that proof. If their pathologist has a history of falsifying government documents, lying to authorities, or just lying in general, then a jury is likely to disbelieve the pathologist and will be more likely to uphold the presumption of innocence. Read More on this Article
Thursday, September 15, 2011
Consolidated Consultants' is Celebrating 16 years of Great Expert Witness Referrals
We are happy to announce that today is Consolidated Consultants' 16th Birthday! 16 years in helping attorney's find the right expert for their cases!
If you are in need of a Technical Expert Witness or Medical Expert Witness, contact us today!
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Google has also Congratulated us! Thank you Google!
If you are in need of a Technical Expert Witness or Medical Expert Witness, contact us today!
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Google has also Congratulated us! Thank you Google!
Hot Coffee Documentary Goes After Tort Reform
By Thomson Reuters NEWS & INSIGHT
NEW YORK, June 24 (Reuters) (CORRECTED)- It was the case that launched a thousand jokes. The McDonald's hot coffee lawsuit came to represent for most people everything that's wrong with the American civil justice system-a plaintiff with a serious shortage of common sense, a huge windfall in damages and a waste of everyone's time...Read More on this Article
NEW YORK, June 24 (Reuters) (CORRECTED)- It was the case that launched a thousand jokes. The McDonald's hot coffee lawsuit came to represent for most people everything that's wrong with the American civil justice system-a plaintiff with a serious shortage of common sense, a huge windfall in damages and a waste of everyone's time...Read More on this Article
Monday, September 12, 2011
ProPublica Provides Database of Payments to Physicians by Pharmaceutical Companies
ProPublica, the "independent, non-profit newsroom that produces investigative journalism in the public interest," has created a searchable database of payments made by pharmaceutical companies to doctors - usually as compensation for presentations the doctors make that discuss the companies' drugs.
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