Expert Consulting Services, LLC

5 on the ECS panel

Physician and geriatrician expert witness for nursing home cases

In most long-term care cases the physician is the causation witness. Nurses and administrators can establish what the facility failed to do; a physician explains whether that failure caused the fracture, the sepsis, the stroke or the death, and whether earlier action would have changed the outcome.

Physicians with nursing home practice are a narrower group than the directories suggest. A hospitalist or an academic geriatrician may be well qualified in medicine and still be exposed on cross-examination about how a skilled nursing facility actually operates. Look for physicians who have attended residents in facilities or served as medical director.

What this expert addresses

  • Causation, including whether an injury is consistent with the facility's explanation
  • Sepsis and change-in-condition timelines, and what earlier escalation would have changed
  • Medication appropriateness, dosing, interactions and psychotropic use (F757, F605)
  • Medical director responsibilities for clinical policy and oversight (F841)
  • Comorbidity and expected course, including end-of-life decline
  • Wrongful death: cause of death and contribution of the facility's care

Retain this discipline when

  • Causation is disputed, which it usually is
  • The case turns on hours: when the resident changed and when the facility acted
  • Medication choices or physician oversight are at issue

What they will ask you for

  • The full chart and physician orders
  • Vital signs with time stamps
  • Hospital, ED and EMS records
  • Laboratory and imaging results
  • Death certificate and autopsy where applicable
  • Medical director and QAPI materials, subject to privilege

Read: How to choose between an RN, DON, administrator and physician expert

How to vet one

Ask for these with the CV. ECS sends the CV and fee schedule within 24 hours and testimony history on request.

  1. Nursing home or post-acute practice, not only hospital medicine
  2. Medical director experience, where oversight is at issue
  3. Board certification relevant to geriatric care
  4. Testimony history, requested with the CV

Panel members in this discipline

Availability and conflicts are confirmed on the call.

Robert Warren, physician, geriatrician, hospice and palliative medicine, ECS nursing home expert panel

Robert Warren

Physician, Geriatrician, Hospice and palliative medicine

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