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

Avoid Nursing Home Arbitration Agreements

By Brendan Faulkner, Esq. and Mike A. D’Amico, Esq The difficult decision to place a loved one in a nursing home is frequently made under stressful circumstances and is always fraught with emotion. Mandatory arbitration agreements are often overlooked or not given appropriate consideration in the completion of the thicket of admission forms. These provisions, … 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

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