Catastrophic Burn Injury Cases: Assessing Claims, Litigating, Negotiating Settlements

Similar documents
Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features:

Nursing Home Litigation and Admissibility of Evidence: Proving or Challenging Authentication, Relevance and Hearsay

Telemedicine Privacy and Security: Safeguarding Protected Health Information and Minimizing Risks of Disclosure

Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features:

Holly Jo Bohannan, Esq., Associate General Counsel - East Region, LifeCare Health Partners, Plano, Texas

Circular A-133 Audits for Non-Profits Receiving Grants Preparing for Audits and Protecting Grant Eligibility Given Current Government Priorities

Life Care Planning: Beyond Estate Plans and Living Wills

Retail Clinics in Healthcare: Overcoming Complex Legal Challenges

Inpatient Hospital Services Billing, Denials and Reimbursement: Evolving Regulatory and Legal Landscape

Telemedicine Credentialing and Privileging

Healthcare Insolvencies: Navigating the Intersection of Medicare, ERISA, HIPAA, AKS, Stark and the Bankruptcy Code

Hospital Outpatient Services: New CMS Supervision Requirements Complying With the New Rules to Protect Medicare Reimbursement

Medical Staff Credentialing: Minimizing Liability Arising From Negligent Credentialing and Physician Lawsuits

Strategies for Presenting Closing Arguments: Plaintiff s Case

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION

Structuring Comprehensive Care for Joint Replacements Collaborator Agreements

Medical Staff Bylaws: Compliance Challenges Updating Bylaws to Comply with Joint Commission Standards

Forming Urgent Care Centers: Addressing Complex Legal Challenges

ACUTE BURN SURGERY ROTATION - PGY-2 Resident. 1. Fulfill all the objectives of the PGY1 Burn Rotation

Pressure Ulcers ecourse

Complying With Corporate Practice of Medicine Laws, State Licensure Requirements, EMTALA Mandates and Reimbursement Laws

Construction Financing: Utilizing Tax Credits, Tax Increment Financing, EB-5 Visa Program and Crowdfunding Websites

Medical malpractice: Beyond the discovery "three step"

15. Legal and Regulatory Issues. 1. Laws governing medicine and medical ethics complement and overlap each other.

Urgent Care Centers: Corporate Practice of Medicine, State Licensure, EMTALA, Reimbursement Compliance

GLOBALMEET GLOBALMEET USER GUIDE

NURSING HOME LITIGATION: CASE SELECTION AND LITIGATION ISSUES-A WEBINAR

15. Legal and Regulatory Issues. 1. Laws governing medicine and medical ethics complement and overlap each other.

A 21 st Century System of Patient Safety and Medical Injury Compensation

Troubleshooting Audio

Hospice Clinical Orientation (HCO) October, 2016 Events are subject to change as necessary.

Video Course Evaluation Form. My Name is: Name of Course: My Street address: Address:

OASIS Complete Webinar Series

Genesis Touch Video Conferencing Customer Training. Honeywell HomMed

Troubleshooting Audio

CONGRATULATIONS on your VICTORY at ST. JOE S!

ELECTRONIC FETAL MONITORING IN BIRTH INJURY CASES Kimpton Hotel Palomar Philadelphia, PA March 1-2, 2018 PARTICIPANT AGENDA

Troubleshooting Audio

Android Guide January 2017

Connecting Therapy to Outcome and Process Measures: Moving from Concept to Reality

OSHRC RULING ON BBP STANDARD

How Managed Long-Term Services and Supports Can Help Family Caregivers

Legal Issues facing Healthcare Employees. Medical Therapeutics Gibson County High School

Florida Medicaid Qualified Hospital (QH) Presumptive Eligibility. November 2016

Welcome! Today s Call Will Begin Shortly. Before we begin, please dial in from a telephone (not through your computer).

Business Safety Leadership. Part 2: Incident and Root Cause Analysis

Suicide Prevention Resource Center

MILITARY COMMISSIONS TRIAL JUDICIARY GUANTANAMO BAY

Conversation Starters: Research Insights from Clinicians and Patients on Conversations About End-of-Life Care and Wishes

Presenting a live 90 minute webinar with interactive Q&A. Td Today s faculty features:

IHI Expedition. Expedition: Preparing Care Teams for Bundled Payments Session 5: Care Team Redesign

Troubleshooting Audio

Mountain View Fire Protection District Job Description

2018 Access for Athletes Grant Step By Step Guide

Personal Accident Claim - Doctor s Statement

Troubleshooting Audio

Ross Tilley Burn Centre. Patient & Family Information

BERGEN COMMUNITY COLLEGE DIVISION OF BUSINESS, ARTS & SOCIAL SCIENCE DEPARTMENT OF LEGAL STUDIES. LGN-105 Principles of Legal Nurse Consulting

2015 Florida Laws and Rules

SOUL INJURY: LIBERATING UNMOURNED LOSS AND UNFORGIVEN GUILT

"Stepping Forward Into the Journey of Growth" Call for Program Proposals Concurrent Presentation. Deadline Date: MONDAY, JULY 17, 2017 at 11:00PM PT

EMvision Talks Speaker Submission Guidance

Creating, Handling, and Terminating Patient Relationships

Troubleshooting Audio

Military Veteran Peer Network Brochure

Troubleshooting Audio

IHI Expedition Expedition: Making Mental Health Care Safer in the Hospital Setting Session 6: Being Proactive and Avoiding Crises

GENERAL ORDER 427 BODY WORN CAMERAS

CALL. CLICK. CONNECT.

Military OneSource. Connecting You to Your Best MilLife

Military OneSource. Connecting You to Your Best MilLife

SafetyFirst: The Journey to High Reliability

Medical Appraisal Portfolio

Health Literacy, Communication, & Self-Management: Critical Pathways to Adulthood

SCOPE OF PRACTICE PGY 1-6

Troubleshooting Audio

Welcome: The webinar will begin shortly

CALL. CLICK. CONNECT.

ACCIDENT PREVENTION POLICY August 2018

REQUEST FOR PROPOSALS

Maintaining Your Social Media Audio is only available by conference call

Welcome to the ACEND Accreditation Webinar for Program Directors.

Legal Medical Institute. Introduction to Nurse Paralegal

Investing in Disruptive Science, for Non-Scientists

Understanding the Legal System and Infusion Nurse Liability

FRRR Grants Gateway How-To Guide

Telecommunications Program Webinar March 12, 2015

OUTPATIENT SERVICES CONTRACT 2018

Troubleshooting Audio

GLOBALMEET GLOBALMEET WEB & AUDIO USER GUIDE

Fall Liability in Long Term Care Facilities by Roger S. Weinberg, May

PSYCHIATRY SERVICES: MD FOCUSED

Microloan Portfolio Management. October 26, 2017

The New York Life Foundation Aim High RFP Grant Program: Tips to Apply

GLOBALMEET USER GUIDE

Troubleshooting Audio

Topics in Risk Management 5 th Edition Overview Information. Format. Time to Complete. Released. Expires MAXIMUM CREDITS ACCREDITED PROVIDER PRODUCER

FAQ New to BostonSight PROSE

Heart Walk Coach Guide

Page 1 of 5 SOUTH AFRICAN QUALIFICATIONS AUTHORITY REGISTERED QUALIFICATION: National Certificate: Medical Equipment Maintenance

Transcription:

Presenting a live 90-minute webinar with interactive Q&A Catastrophic Burn Injury Cases: Assessing Claims, Litigating, Negotiating Settlements TUESDAY, JANUARY 30, 2018 1pm Eastern 12pm Central 11am Mountain 10am Pacific Today s faculty features: David M. Schmid, Esq., Stark & Stark, Lawrenceville, N.J. Kenneth A. Solomon, PH.D., P.E., POST PH.D., Chief Scientist and Technical Director, IRSA, Los Angeles The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions emailed to registrants for additional information. If you have any questions, please contact Customer Service at 1-800-926-7926 ext. 1.

Tips for Optimal Quality FOR LIVE EVENT ONLY Sound Quality If you are listening via your computer speakers, please note that the quality of your sound will vary depending on the speed and quality of your internet connection. If the sound quality is not satisfactory, you may listen via the phone: dial 1-866-871-8924 and enter your PIN when prompted. Otherwise, please send us a chat or e-mail sound@straffordpub.com immediately so we can address the problem. If you dialed in and have any difficulties during the call, press *0 for assistance. Viewing Quality To maximize your screen, press the F11 key on your keyboard. To exit full screen, press the F11 key again.

Continuing Education Credits FOR LIVE EVENT ONLY In order for us to process your continuing education credit, you must confirm your participation in this webinar by completing and submitting the Attendance Affirmation/Evaluation after the webinar. A link to the Attendance Affirmation/Evaluation will be in the thank you email that you will receive immediately following the program. For additional information about continuing education, call us at 1-800-926-7926 ext. 2.

Program Materials FOR LIVE EVENT ONLY If you have not printed the conference materials for this program, please complete the following steps: Click on the ^ symbol next to Conference Materials in the middle of the lefthand column on your screen. Click on the tab labeled Handouts that appears, and there you will see a PDF of the slides for today's program. Double click on the PDF and a separate page will open. Print the slides by clicking on the printer icon.

Catastrophic Burn Injury Cases: Assessing Claims, Litigating, Negotiating Settlements David M. Schmid, Esq. Stark & Stark, P.C. dschmid@stark-stark.com

Assessing Cases 6

Interviewing Clients Building Trust and Understanding Make sure your client and his/her family is getting the proper care and information ABA: certified burn centers Social workers & nurses at the hospital have information to help families Accommodations for family Get client s master provider agreement for his/her health insurance carrier. 7

Know your resources for help: Phoenix Society for Burn Survivors American Association for Justice American Burn Association National Fire Protection Association Regional burn survivor and prevention groups 8

Move quickly to preserve evidence and interview witnesses Consider damages Burn cases can be costly to prove. What degree are the burns? Body surface area? ABA considers a burn patient to be severely burned when she has 2nd or 3rd degree burns over 20% or more of her body surface area. Reviewing insurance coverage 9

Reviewing Insurance Coverage Work Injury? Negligence claim? Health Insurance? Get master provider agreement 10

Proving Liability 11

Theories of Liability Negligence Products liability You will be arguing the product was not reasonably safe for its intended purpose because of: Manufacturing defect; Failure to adequately warn or instruct; or Design defect. Workers Comp Know your state s WC statute. Benefits will generally include wage replacement and medical expense coverage. Disfigurement benefits may only be available where burn injury was to the face, head or neck. 12

Establishing or challenging causation Get good experts! Have defective products inspected and tested immediately and then preserve it in the same condition so the other side can test. NFPA 921 = peer reviewed document that establishes guidelines and recommendations for the safe and systematic investigation or analysis of fire and explosion incidents. Common Defenses No forensic proof. Burn was Plaintiff s fault. Plaintiff assumed the risk and knew burns could result. No generally accepted industry standards. i.e., coffee temps range from 170-205. Plaintiff spoliated evidence. 13

Evidentiary Challenges 14

Daubert v. Merrell Dow Pharmaceuticals, Inc. 509 U.S. 579 (1993) F.R.E. 702 Testimony by Experts A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if: Spoliation Expert s scientific, technical or other specialized knowledge will help the trier of fact to understand the evidence or determine a fact in issue; Testimony is based on sufficient facts or data; Testimony is the product of reliable principles and methods; and Expert has reliably applied the principles and methods to facts of the case. 15

Calculating Damages 16

Plaintiff strategies Physical injuries: External physical injuries? VIDEOS & PHOTOS Smoke inhalation injuries? Organ damage? Surgeries? Joints fused? Nerve damage? Amputations? Skin grafting? Donor site pain = 2nd degree burn. Medical personnel will be focusing on saving the patient s life not on documenting her pain. Family should keep journals and take photos to document pain. Have an experienced burn nurse review the records to explain the pain the patient would have suffered during the hospital stay. Wound dressing changes? Itching? Skin contractures? Infections to wounds? Loss of motion? Pressure garments? 17

Psychological damage? General guideline is that psychological care should start 3 months after injury. Symptoms to look out for: Fear Anxiety Intrusive memories Difficulty concentrating Uncooperative with treatment PTSD Life care plan? Prosthetics? In-home assistive devices? Loss of Consortium Spouse may move closer to burn center, leaving children at home. Spouse may have to stop working. When discharged from care, spouse is the nurse. Intimacy Economic damage? Wages? Vocational evaluator? 18

Defense Strategies Burn was self-inflicted. 2nd degree burns often take time to show. Doesn t take long to feel them, though. Comparative negligence Plaintiff knew he or she could get burned. Minimize or devalue hidden burns. Prior psychological problems. Marriage on the rocks before injury. Plaintiff can still work. Plaintiff overstated economic loss and life care plan. Third-party practice the damage would not have been as severe if not for the doctor s mistake. 19

Negotiating with Insurance Adjusters 20

Find your winning strategy Be strategic Be visual Be confident Be polite Be prepared to go to trial 21

CATASTROPHIC BURN INJURY CASES Kenneth A. Solomon, PH.D., P.E., POST PH.D. Chief Scientist and Technical Director IRSA 22

23

24

25

26