LESSONS FROM THE TRENCHES

Review some of Dr. Oppenheim’s case histories and medical-legal analysis.

Acquittal on Homicide Charges in Kenai, Alaska:  Science to the Rescue!

Alaska v. D, Kenai AK, Case: 3KN-17-00208CR- 1 December 2017: Acquittal on homicide counts. Def. provided Fentanyl to another person, who died.
by Elliott Oppenheim, MD, JD, LLM Health Law

Clothes Make the Defendant: Dress for Acquittal: Telling a Book By its Cover

There is that saying that you can’t tell a book by its cover. … but in criminal defense work, that is not true.
by Elliott Oppenheim, MD, JD, LLM Health Law

Elliott Oppenheim, MD, JD, LLM Heatlh Law Full Curriculum Vitae

The full CV includes all publications, talks, books and other assets produced by Dr. Oppenheim.

Lessons Learned: the Offensive Use of Medical Evidence in Criminal Defense Cases

In criminal defense, the main goal is to create reasonable doubt…
by Elliott Oppenheim, MD, JD, LLM Health Law

Medical Evidence in Personal Injury Litigation: Daubert’s Ghost©

Medical Presentation at Trial: Scientific Evidence in the 21st Century.
by Elliott Oppenheim, MD, JD, LLM Health Law

The Objective Analysis of the Medical Negligence Case©

What you needs to know to make important decisions by the use of an objective standard in the analysis of medical negligence cases.
by Elliott Oppenheim, MD, JD, LLM Health Law

Before and After: Spoliation of Medical Evidence in Medical Negligence Litigation©

In addition to the important others to whom I also dedicate this thesis, I dedicate this master’s thesis to the memory of that trusting and unknowing man who died in the OR at the hands of a reckless practitioner; to physicians who may learn from these cases and from this analysis; to both plaintiff and defense trial attorneys who may better help their clients and further the search for truth and ethical conduct in medical negligence litigation

A Doctor’s Prespective on What the Law Should Be for End-of-Life Issues©

The right-to-die controversy requires a legal solution and is not amenable to an wholly medical cure.
by Elliott Oppenheim, MD, JD, LLM Health Law

Special Needs Exemption 2001: US Supreme Court Limits Police Meddling in Medical Care

Medical privilege prevents the government from wholesale accessing of medical records.
by Elliott Oppenheim, MD, JD, LLM Health Law

US Court of Appeals (6th Circuit): Theodore Cherukuri, MD. vs. US, Case #97-4464

OON APPEAL FROM A FINAL DECISION ON REVIEW OF AN ADMINISTRATIVE LAW JUDGE DECISION BY THE DEPARTMENTAL APPEALS BOARD OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.

Cherukuri, MD., Petitioner, v. Donna Shalala, Secretary of the Department of Health and Human Services, Respondent.

Cherukuri v. Shalala, 175 F.3d 446 (6th Cir. 1999) (“In our view Dr. Cherukuri acted properly under very trying and difficult circumstances and should be exonerated of any wrongdoing.” 175 F.3d 446, 454. “We respectfully suggest that the Board should review cases like this one closely and should not simply pass them on to a federal appellate court without providing a reasoned disposition of the objections raised by the parties.” 175 F.3d 446, 455).

Fined $100,000 for “dumping” patients he couldn’t treat

When operating on two accident victims proved impossible, this surgeon sent them to a trauma center, and was penalized. A court cleared him—eight years later.
by Brad Burg, Senior Editor of Medical Economics

Getting Scientific Justice for Your Clients

When you confront scientific evidence in criminal defense what is your approach?
by Elliott Oppenheim, MD, JD, LLM Health Law

How do you Challenge an Unfavorable Medical IME?

How do you challenge an opposing doctor’s opinions or is it “the battle of the experts,”?
by Elliott Oppenheim, MD, JD, LLM Health Law

Do You Really Need Your Own Medical Expert?©

In forty-two years of experience in medical negligence and criminal defense litigation, I have learned that often you can use the opposing party’s medical expert witness as your witness.
by Elliott Oppenheim, MD, JD, LLM Health Law

The Negligent Credentialing Claim©

In medical negligence litigation it is important to identify all defendants who caused or created the environment in which the patient sustained injury.
by Elliott Oppenheim, MD, JD, LLM Health Law

Adam Stone, JD, Testimonial

Read a letter from attorney Adam Stone thanking Dr. Oppenheim for his assistance with a case.

The Offensive Use of Medical Record: Winning Techniques in Criminal Defense©

The secrets to specialized evidentiary analysis; the offensive use of medical records in the criminal defense.
by Elliott Oppenheim, MD, JD, LLM Health Law

EMTALA: ITS FIRST DECADE: A Retrospective Analysis of 42 U.S.C. § 1395dd

In general, there is no right to medical care under the American system yet EMTALA created a duty on the part of hospitals, at a minimum, to appropriately treat any person who presented to an emergency room.

The Autopsy as a ‘Dying’ Art

What should the criminal defense lawyer know about forensic autopsy pathology in 2018?” by Evan W. Matshes, MD, and Sam W. Andrews, MD

Defendant’s Motion to Suppress Evidence and Supporting Brief, Exhibit A

State of Montana vs. Amanda Rose Laverdure, 2018

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