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Elliott Bernard Oppenheim,
MD/JD/LL.M. Health Law
Former Physician in Family
Practice**/Emergency Medicine
**Formerly Board Certified in Family Practice by the
AMERICAN BOARD OF FAMILY PRACTICE
Education
| 1965 |
Pennsbury High School, Yardley,
Pennsylvania |
| 1969 B.A. |
Occidental College, Los Angeles,
California 9/65-6/69 |
| 1973 M.D. |
University of California, Irvine, School of
Medicine
Irvine, California 9/69-6/73 [with Clinical Clerkships at Oxford
University (thoracic surgery) Harvard University (general surgery), Stanford University
(cardiovascular surgery)] |
| 1995 J.D. |
Detroit College of Law, Detroit,
Michigan 8/92-6/95
Jurisprudence Prize in Constitutional Law |
| 1993-Summer School |
University of Washington, School of Law-
Seattle Washington |
| 1995-Summer School |
Wayne State University, School of Law-
Detroit Michigan |
| 1996 LL.M. Health Law |
Loyola University School of Law,
Chicago, Illinois |
Thesis: Before and After:
Spoliation of Evidence in Medical Negligence Litigation
Supervising Editor - Journal of the
National Association of Administrative Law Judges
Note, Calvin v Chater: The Right to
Subpoena the Physician in SSA Cases; Conflict in the Circuits over the Interpretation of
20 C.F.R 404.950(d)(l), 15 J. NAT. ASSOC. ADMIN. L. JUDGES 143 (1996).
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Current
CEO/President - coMEDco, Inc. - a national corporation
specializing in medical-legal analysis, expert referral, medical and legal litigation
related research including evidentiary problems, research support, discovery, and trial
consultation in advocacy techniques and strategy.
Medicine
Family Practice and Emergency Medicine - 18 years active practice
(1974-1992); formerly BOARD CERTIFIED American Board of Family Practice,
Diplomat No. 18445; ACLS, APLS, ATLS Certifications Former Member ACEP, AAFP, AMA
- Over 150 medical publications
Major
Medical-Legal Consultation Projects
- State v. Johnson, No. 97-1-01564-9 SEA, SUP. CT. WA. (King
Co., Wa.) (1997) - criminal defense of plastic surgeon charged with multiple counts of
rape involving patients.
- Cherukuri v. Shalala, 1999 WL 257693 (6th Cir. 1999) -
achieved dismissal of charges in defense of physician accused of violation of EMTALA.
(with Mr. Chad Perry, Attorney, before the Departmental States Court of Appeals for the
Sixth Circuit).
Recent
Medical or Law Publications
- Staying out of Court: Cost-Free ways to
Risk-Proof your Practice, HIPPOCRATES 26 (December
1999).
- The Law of Evidence and the Medical Record, 2(2) J.MED.L 167 (1999).
- Released Against Advice, HIPPOCRATES 20 (September 1998).
- The Medical Record: A New Mexico Lawyer's
Litigation Guide, 4(2) BAR J. (NM) 15 (Summer
1998).
- When Doctors Doctor the Doctor's Record:
Spoliation of Evidence, 26 N.M. TRIAL LAWERY 1
(1998).
- A Doctor's Perspective on what the Law Should be
for End-Of Life Issues, 2 (1) J.MED.L. 11 (1997).
- EMTALA: It's First Decade; A Retrospective Analysis of
42 U.S.C. § 1395dd, 43 (4) MED. TRIAL TECH. Q. 77
(1997).
- Scoping Out the Medical Record: The Key to Understanding
Medical Care, 51 WA. ST. B.J. 22 (1997).
- A Review of the Emergency Medical Treatment and Active
Labor Act, 85 ILL.BARJ. 212 (1997).
- The Baseline: Detecting the Doctored Medical Record,
14(1) Medical Malpractice Law & Strategy 1
(November 1996).
- A Trial Lawyer's Guide to the Medical Record, 84 Ill. Bar J. 637 (1996).
- The Risks of Doctoring Records, HIPPOCRATES 34 (September 1996).
- Note, Calvin v. Chater: The Right to Subpoena the
Physician in SSA Cases; Conflict in the Circuits over the Interpretation of 20 C.F.R.
404.950(d)(1), 15 J. NAT. ASSOC.
ADMIN. L. JUDGES 143 (1996).
- Honorable Mention -- National Writing Contest of
International Association of Defense Counsel (1995) for Physicians Against Their own
Patients: What Happened to the
Privilege? 63(2) DEF. COUNSEL J. 254 (1996).
- The Trial Lawyer's EMTALA Manual, 11(4) PROF. NEG. L. REP. 73 (1996).
- EXAMINING MEDICAL RECORDS: How to Know What is Said When
you Read What the Doctor Wrote, 82 ABA J. 88
(1996).
- Keeping it on the Record, 28(2) EMERGENCY MEDICINE 87 (1996).
- Components of a Hospital Medical Record - A Checklist,
10 Prof. Neg. L. Rep. 196 (1995).
- The Medical Record Explained, 6(3) OHIO TRIAL 7-12 (1995).
Quoted:
Brad Burg, Fined $100,000 for Dumping Patients Couldn't
Treat, MEDICAL ECONOMICS 112 (November 22, 1999)
(reporting the Cherukuri case).
* coMEDco,
Inc.TM Briefly Stated Monographs
*EMTALA: It's First Decade -
A Retrospective Analysis of 42 U.S.C. § 1395dd © (Terra Firma,
Santa Fe, NM 1996) 65 pages, 250 footnotes.
*BEFORE AND AFTER: Spoliation of
Evidence in Medical Negligence Litigation © (Terra Firma, Santa Fe, NM
1996) 175 pages, 600+ footnotes
*The Law of Evidence and the Medical
Record © (Terra Firma, Santa Fe, NM 1997) 115+ pages, 325+ footnotes
*Book/Treatise
The Medical Record As Evidence,
900 pages, (Lexis Law Pub. Co., Charlottesville, VA 1998) first book in the field of
medical evidence. To order direct from Lexis Law Publishing: 800-562-1197;
item #66063
Blashfield: Automobile Law and Practice, vv. 9&10 (Medical
Legal Preparation) (approx. 1500 pages) (West Group, Eagan, MN) (in preparation-
Publication date approx. June 2000).
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