The Electronic Medical Record, Audit Logs and Revision History

By Christine Antonellis Norton, Esq. and Mike A D’Amico, Esq.November 2014 Electronic medical records (EMR)/electronic health records (EHR) (hereinafter EMR) have largely replaced paper medical records since the passage of the Health Information Technology for Economic and Clinical Health (HITECH) Act in 2009. Previously, when alterations were made to a paper medical record, the same health care … Read More

Medical Errors are the Third Leading Cause of Death in the U.S.

By Brendan FaulknerAugust 2016 The Center for Disease Control publishes an annual list of the most common causes of death in the United States. “Medical errors” (i.e. mistakes in diagnosis, poor discharge instructions, and preventable complications such as infections picked up in the facility) is not one of the causes listed, but should be according to a new study by patient safety … Read More

All Clinical Practice Guidelines Are Not Created Equal

By Brendan Faulkner, Esq. and Mike A. D’Amico, Esq The standard of care pertinent to a medical malpractice claim in Connecticut is defined by Conn. Gen. Stat. 52-184(c) as a breach of the prevailing professional standard of care-that level of care, skill and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate … Read More

A Brief Guide to Pre-Existing Conditions and Pre-Existing Disabilities And How to Craft a Proper Jury Instruction

By Jeremy H. D’Amico and Michael A. D’AmicoJanuary 2019 What is the difference between a pre-existing “condition” and pre-existing “disability”? The distinction has significant implications for your client when improperly lumped into the pre-existing disability category when she actually suffers from a pre-existing condition. Often the terms are mistakenly used interchangeably. Civil Guide Jury Instruction … Read More

Watch Your Step! How to Avoid the Statute of Limitations Trap When Your Private Doctor is a De Jure Federal Employee

By Jeremy D’Amico and Michael A. D’AmicoNovember 2016 Plaintiffs can be caught off-guard by discovering that a physician of a private health center is considered a federal employee because the health center receives federal grants. If this discovery occurs beyond the Federal Tort Claim Act statute of limitations, the claim is time-barred.  This article explains … Read More

Experts Should Not be Allowed to Lie Under Oath

By Michael D’Amico and Brendan Faulkner November 2015 Lying under oath is a crime against justice and undermines the authority of our courts. There can be no greater blight to the pursuit of justice. Unfortunately, it is apparent that some witnesses do not take the obligation of an oath seriously. Denying knowledge of a known … Read More

Eliminate Unnecessary Delays in Discovery and Trial

By Brendan Faulkner, Esq. and Mike A. D’Amico, Esq.July 2013 How many times have you had to brief a Motion for Protective Order filed by a defendant arguing that the defendant must not be deposed until after the plaintiff? And how many times have you had to wait for the defense disclosure of an expert … Read More

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