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buckyownsmylife · 4 years

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Moral Insanity - Andy Barber smut

The one where you’re Jacob’s friend and Andy fucks you on a balcony.

Warnings: this is divorced! Andy and college! Jacob, so while there’s a definite age gap there, reader is legal. So other warnings go: semi-public sex, a lot of dirty talking, no daddy kink on this one, which came as a surprise even to me, curse words and really rough sex. p in v, porn with little plot, masturbation (f). A/N: Kinktober Day 27 prompts were sex on a balcony or window + “Don’t cum yet”. Hope you guys like this one, I feel like it was a good one, but if I had more time, I could probably make it better. I think that’s kind of the sentiment behind the whole kinktober, actually.

Andy’s P.O.V.

Even the strongest of wills caved when faced with a sweet enough temptation. All it took was one look and I knew she was mine.

Perhaps I should have known better than to let Jacob invite his friends to our beach house, but I was recently divorced and in desperate need to feel cool again, even if I knew that trying to be seen like that by my own kid would only lead me to the opposite direction. And maybe I also forgot just how old he was, ignored that he was now in college and saw the image of his teenage years when I looked at him, because the truth was, when I saw her walking in, I was frozen in my spot.

I didn’t even consider that my son was old enough to have sleepovers with girls now. And when I had to confront my own desire for the much younger girl who he introduced as a friend, in my own eyes, he grew up too.

But I still had to face the reality that she was undeniably young enough to be my daughter.

“Good morning, Mr. B.” My head automatically whipped around to look at the ray of sunshine personified in the body of Jacob’s college best friend. I’d heard about her before, obviously, and even teased him about being embarrassed to admit that he was dating her, but now that I knew the girl I could only acknowledge the fact that she was way out of his league.

Maybe I shouldn’t retroactively feel relieved about their relationship being so innocent, but I was way past denying the attraction I felt for her. My goal now was to keep it hidden, despite just how enticing she was.

“Good morning, Y/N. You do know you’re on spring break, right? There’s no need to keep waking up so early.” I chanced a glance up at her, to find her looking out at the balcony, towards the sea.

“I know,” she nodded, her eyes still focused on a distant point before they suddenly met mine. “I just like to keep you company.” I didn’t know what to say, so I just resumed my previous activity of frying bacon, letting the silence of the morning fill the space between us. Surprisingly enough, it wasn’t uncomfortable. Maybe because in the last few days I’d had the chance of striking up many conversations with her - which only added to my attraction, since she was an incredibly intelligent woman - so I felt like I knew her enough, by now. Enough for what, I didn’t know.

“Well, the eggs are ready. Will you accompany me to breakfast?” We made idle chit chat before two of her friends made their way downstairs, my signal to leave them alone. As much as I liked to view myself as young at heart, I remembered just how weird it was when adults tried to force their presence into a group, and I wasn’t about to do that.

Just before I left, her eyes met mine in a longing stare, and it felt like she wanted to say something, but refrained from doing so. But perhaps it was just my hopeful imagination, wanting her to like my company as much as I enjoyed hers.

The next time I saw her, it was lunch already. Jacob and his friends had spent the day between the beach and the pool, while I remained in the bedroom returning some calls from the office. When I finally joined them downstairs, I was once again shocked by the view of her glistening wet body in what could only be described as a barely there bikini.

She caught me staring, that much I knew and I couldn’t really admonish myself for my lack of restraint, not when I hadn’t seen that much of her body yet and it was driving me crazy. Besides, I definitely wasn’t the only one staring, perhaps just the only who really shouldn’t be doing it.

“Why are you pouting?” Was the first thing I asked her when she approached the kitchen island where I fixed myself a sandwich, making sure to keep my eyes on the bread slices in my hands, instead of on her chest.

“You left me alone with dumb and dumber! In the middle of a conversation about the Supreme Court! You really know how to make a girl feel interesting, Mr. B.” My heartbeat sped up in my chest, my mind racing with the possibility that she was flirting with me. Was she? How could I know?

From my experience being single, I knew the only way was to slowly reciprocate it and hope for the best. Hopefully I’d be able to get out of it if she ever called me out on it. “You are interesting, Y/N. I’m the one who’s a boring old man. Say, what happened to the bathing suits you were wearing until today?”

My question made her look down to her own body, like she didn’t remember what she was wearing until I asked. When she did return her eyes to mine, she was biting her lip, though it was hard to assess if it was due to embarrassment or excitement for my acknowledgement.

“I lost a bet to the other girls. They gave me one of their bikinis to wear for the day, knowing I don’t usually wear them because they make me uncomfortable.” She looked downright adorable, the pout back on her lips at the memory, and I had to shake my head to swipe away the thought of leaning over and kissing it away.

“Well, I think you look great.” That was all I considered safe to say, but I did throw a wink in her direction before picking up my plate and moving to my bedroom, where I still had some work to go through while I ate. I didn’t look back to witness her reaction, but hoped she’d be at least a little intrigued by my sudden expression of interest.

Y/N’s P.O.V.

“You sure you don’t wanna go with us?” I nodded patiently, confirming for the upteenth time that I did in fact desired to stay back at Jacob’s huge beach house instead of following my friends to a noisy, sweaty club. I’d never really liked those environments, so it wasn’t that weird that I ditched them for whatever crime show was on tv for tonight, but in the back of my mind, I knew it was more than that.

I wanted to see Andy again. I wanted to have the opportunity to talk to him without the fear of being interrupted or judged. So really, it wasn’t any surprise to me that after everyone left for the night, I could barely sit still in front of the television, quickly deciding to turn it off and go look for the man that had been plaguing my thoughts for the last few days.

I paced in front of the door to his room for a while before finally gathering the courage to knock, expecting him to open it and follow me downstairs so we could talk. So I was beyond surprised when he simply ordered me to get in without even asking who was there, but I hesitated only for a few seconds before complying.

It was clear by Andy’s expression that he wasn’t expecting to see me, and all at once I realized he must have thought it was Jacob that wanted to speak with him, after all, no one else had probably ventured to this part of the house besides his son and himself. So I was beyond sheepish as I remained by the door when he lifted an eyebrow to ask me what I was doing there. “I thought you guys had gone out to a club or something.”

“I-I decided to stay back here and I was wondering if you wanted to chat.” Now both of his eyebrows were lifted, like he couldn’t believe what he had heard. In the seconds of silence that followed, my mind finally processed the fact that what Andy was wearing weren’t swimsuits, but boxers, and there wasn’t anything else covering his body from my wandering gaze. His hair was wet, too, like he’d just gotten out of a shower, but none of that distracted me from the fact that in those few seconds of silence, his expression changed from incredulous to something entirely different, something I couldn’t really pinpoint, but made my body feel hotter than the sun.

“You wanted to chat?” The question sounded more like an accusation and I found myself giving a step back when I realized that Andy had crossed the room to stand right in front of me, his eyes taking in every inch of skin the bikini exposed. “You wanted to chat,” he repeated, and I gulped before opening my mouth to explain myself, even though I wasn’t entirely sure of what I should be explaining, when his hands found their way to the door behind me and he closed it before settling them in the dark wood, caging me between my escape and himself. “You come into my room when your friends are out and we’re the only two people in the house, dressed like that after spending the last few days driving me absolutely insane, and you tell me you want to chat?”

Andy’s P.O.V.

God fucking damn. This girl had to be completely unaware of her effect over me or absolutely intent on having me going crazy over how badly I wanted her, because it was impossible for her to have waltzed into my room without knowing that this was how I would react.

Still, I had to admit it came half as a surprise even to myself, so maybe I shouldn’t judge her too harshly. Maybe if I hadn’t just tugged one out to the thoughts of her and spilled over myself so badly I had to take a shower, I would be able to ignore the temptation. But as it were, she’d just incited the beast within me, and all I needed was the confirmation that she wanted this just as badly as I did so I could take her exactly like I’d been dreaming about for the last few days.

She heaved as she looked up at me with unmistakable lust-filled eyes, and I felt an insurmountable amount of pride spread through my chest at the knowledge that this desirable young woman was affected by me.

“Well, now that you’re offering me an option, I’ve been wanting your cock in my mouth.” The surprise that hit me over hearing those words fall out of her innocent lips was soon overtook by my desperate need to have her, and with a growl, I pulled her by the back of her head to meet my lips in a furious kiss.

Completely immersed in the taste of cinnamon on her lips, I bit on the lower one to beg her for entrance so I could graze my tongue on hers, taking up the opportunity to finally feel her body against mine. I pressed her up against the door, running my hands over her body before I reached the back of her thighs, pulling her to wrap her legs around my body.

In a few quick strides, we were through the open doors that led to the balcony from where I had a perfect view of the sea, and when I let her go to stand on her own legs, she looked around, clearly confused about my choice of place.

“Did you think you could tease me like that and not get punished? Oh no, you tempted me publicly, I’ll fuck you right here.” It was easy to see that the shiver that ran through her body wasn’t completely due to the wind that was caressing our bodies, she was aroused by the idea. Still, I knew she had a fight in her, so the second she opened her mouth to argue, I lunged at her, capturing her lips with mine again.

The beauty of a bikini. One simple movement and the top piece was on the floor and my hands were full with her breasts, my fingers occupied with circling her hardened nipples as I kept kissing her with all that I had.

“Now, princess…” Leaving her lips to kiss down her jaw, my fingers found their way inside her little bottom piece before they teased her, testing her wetness to find her dripping for me. “I know you said you wanted my cock in your mouth, but I think we can leave that for later, huh? Right now, I really need to have you. So you’re gonna cum real quick, with my fingers deep inside this tight pussy, before I bend you over the rail and rail you.”

I fucked her quickly and harshly, making sure to hit her sweet spot every time when I managed to find her, while I distracted myself from my throbbing cock by nibbling on her earlobe and imprinting her scent in my memory. When she did cum, it was with a breathless gasp as she held tightly onto my biceps, and I groaned just from the feeling of her tightness squeezing my digits.

“I gotta have you now.” That was all the warning I gave before I did just what I promised, bending her over before pushing her bikini bottoms and sliding home. Our moans echoed each other, only fueling my arousal to a point where I couldn’t really wait for her to adjust to my size. So I just started pounding into her, keeping a grip on her hip and another on her hair as I watched her ass slap back against me, her breasts bouncing with the force of my thrusts.

“So fucking tight.” I bit my lip so hard I tasted metal in an effort not to cum too quickly, but it only made me hornier. “C’mon, sweetheart. Tell me how much you love being ruined by me. Don’t you wish your friends would get back sooner, so they’d see just how great you are at taking my cock?”

She cried out at my words, her legs shaking with the effort to keep herself up, but the sight before me was too fucking pretty to let her go. “Been dreaming about my cock deep inside this pretty pussy, haven’t you? Just like I’ve been jerking off to the thought of these pretty little lips wrapped around it.” Having pulled her against my chest by her hair, I rubbed her lower lip before pushing my thumb inside her mouth, where she eagerly started to suck just like I imagined.

“Won’t have to think about it anymore, will I? Because you’ll let me fuck you any time I want. Every time I get hard thinking about you, you’ll bend over for me to take you and I won’t have to say a single word.” I could feel her pussy clenching periodically because of my words, but I wasn’t quite there yet. I still needed a few more minutes of fucking this tight young pussy and I wanted her to cum with me, so I ordered, “Don’t cum yet,” giving a quick slap over her clit before holding her by her throat so I could kiss her cheek.

“Tell me, baby. Tell me how badly you wanted my cock, how much you want my cum and I’ll let you have it. I’ll let you milk me dry inside this pretty little pussy until it’s dripping out of you.”

I knew she was having a hard time trying to contain her orgasm, but she still managed to beg me while holding the hand that was pawing at her breast. “Please, Andy, Mr. Barber. I need your cum inside of me, sir. ‘Ve been thinking about it for so long. Please, let me cum with you.”

The sir did it for me. With one last command for her to cum, I allowed myself to release deep inside of her, sliding my hand to her lower stomach so I could feel myself and making her clench again at the feeling.

We stayed like that for a few minutes, catching our breath while staring out into the ocean, until my softened cock slipped out of her, and I gave her a quick kiss on the shoulder. “It’s a pretty view,” she murmured, and I chuckled before turning her to look at me.

“Not as pretty as you. And hey, as great as this was, I want you to know that I really want to get to know you better, Y/N. Talking to you every morning has been the highlight of my day and I’m in desperate need of something like that.”

She smiled before standing up on her tiptoes to deposit a quick kiss on my lips. “Sounds good to me, Mr. Barber. Now, have you ever gone skinny dipping?”

#kinktober 2020 #kinktober #andy barber smut #andy barber #smut #my fics #andy barber fic #andy barber fics #andy barber reader #andy barber fanfiction #andy barber oneshot #andy barber ff #andy barber fiction #andy barber writing #andy barber writings

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ayeshintheclouds · 3 years

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I don’t really have a platform or any sort of public voice, I know. But there’s something that I want to talk about anyways because it’s really important to me and if even one person understands it or even sees it and keeps it at the back of their mind, it would make a difference in my opinion.

I want to talk about one of my best friends’ dads, Dr Hasan Gokal. You may have seen him all over the news, labeled “thief” by our lovely sensationalist media. I was really hesitant if I want to include him being my friend’s dad because I know it adds an element of bias to my argument. But I think it adds another perspective, another angle that the media can’t cover- I’m far enough that I have no obligation or pressure to go out of my way to support his cause. I’m close enough that I truly do see his side of it- the whole story unfold from before it ever hit the media: the struggle, the confusion, the misunderstanding and the pain that family is going through. My point is- I wouldn’t be writing this unless I truly believed him to be innocent.

Dr Hasan Gokal is accused of stealing vaccines. But he didn’t. Not really. He used up the remaining doses that were about to expire because he was ordered from higher ups to simply ‘find arms’ and use them all up because there was a shortage and we couldn’t afford to waste any. He filed all the appropriate paperwork, he asked permission from the highest higher-up available at the time. The word stealing implies the worst image: someone breaking in and stashing them in their bag and running. Which I know, is a technicality and it might technically be ‘stealing’ legally- but the way the media took that phrase and ran with it is extremely harmful to someone’s career. It is slander and deceitful, fueled by the media’s obsession with sensationalizing and demonizing people of color, especially Muslims. Especially someone who did something heroic and brave where he absolutely didn’t have to.

Dr Gokal was looking at the bigger picture, what truly mattered at that time, which was saving as many lives as possible as fast as possible. Each of those vials in his hands could have been someone’s life. Every arm out there was another person who could have caused another chain of infection. How could he bear to toss them in the trash? And I know- I know very well that protocol is important. The government, the healthcare system, they claim to take care of the bigger picture, “just do what we tell you, don’t think too much, too hard”

And I also know if everyone applied their own morals and ethics and ignored the system in place, there would be chaos. But in healthcare, you have to admit that there is a clear, clear grey area for unexpected situations such as these. These are unprecedented times, times with barely any frame of reference to look back on. All the protocol, all the rules, seem hastily made and vague and self contradicting. There’s orders from superiors to “find arms, waste nothing” And there’s orders from superiors saying to waste nine out of ten vaccines. Which are you supposed to follow? Dr Gokal was in an extremely grey area, and he made the best judgement call he possibly could have, given his time limit and his situation. He literally called and reported it to his superiors and filed all the necessary paperwork the next day. A ‘thief’ or anyone who believed what they did was wrong would not have done that.

Legality should not determine morality- wildly inhumane things were once determined legal by our country such as literal slavery.

This is not to say abandon all sense of propriety and do what your heart says- but I think Dr Gokal did an excellent job of balancing legality and morality. He did what he believed was right despite it being unconventional AND he followed all protocol- asking permission first as well as filing it in immediately after.

Admittedly, it may have been not the smartest thing to remove the vaccines from the site and administer them at people’s houses. Even so, it’s something that could have been cleared up with a fine or strict warnings. A court case and firing is very extreme for someone who was only going above and beyond to only do what the government and the hospitals were encouraging in the first place, to not waste.

Some aspect of racism definitely applies here, especially with the comment about “too many Indian names” brought up in court. The only reason he vaccinated many people from his cultural community was simply because they were the first ones he could reach. He called as many people as possible, his only goal was to just find arms. This would not have been brought up at all if the doctor were white and he vaccinated his friends Debby and Charles and Linda and Bob. No one would’ve raised an eyebrow and said “wow an awful lot of white people you vaccinated there.”

Well obviously? Maybe he was white and he knew many white people or lived in a white area? The sad truth is, that if it were a white man, he would be celebrated as a hero, not a criminal.

The racist comments I’ve seen are literally insane. I’ve seen people say Dr Gokal must be mailing vaccines to middle eastern terrorists- Please what?? I believe all logic goes out the window when some Americans see someone a few shades darker than themselves.

The biggest argument I’ve seen by far is- it’s not fair. But. How? These vaccines were being trashed. Wasted. They were not going to someone who could’ve deserved them more. They were being crushed when they were most needed, most precious. And most importantly- every person who got that vaccine was one hundred percent eligible. As in, if Dr Gokal hadn’t given his friends and family the about-to-be-trashed vaccines, they’d be in line within that next week anyways, consuming another entire set of vials. He could’ve gotten his people fresh new ones, but he didn’t because he felt it would be a waste of resources when there was already such short supply. This man prioritized you all’s health over his own family and community’s. He gave his people, his ‘inDiaN nAmEs’ the almost expired ones so there would be enough for the rest of the city. For all of you.

For every person he vaccinated that night, there opened up an empty spot in line the next day. A spot for your grandmother maybe, for your sick child maybe.

Someone could be alive today from his actions.

Dr Gokal helped conserve vaccines and he’s being labeled a thief. This is how our country rewards heroes. This is what our healthcare system prioritizes- petty legal formalities above human life. In a time when people are dying left and right, this is what they chose to focus their attention on. Hunting down a man who went above and beyond with zero regard for himself or his own gain and blasting him on social media and news as a criminal.

I’ve seen what it’s been doing to their family. They are so so tired of the stress, of the pressure. They don’t deserve this.

He is not a vaccine stealer. He is not some strange man from another country. He is American, just like all of you out there. He texts his daughter to please study and he plays hide-and-seek with Mikey the cat and he fixes our bikes when they break. He did the right thing and our blasted system is making him pay for it because we are so caught up in the details we hardly know right from wrong anymore. We are willing to let people die- as long as all the precious paperwork is filed, as long as our maze of systems remain perfectly in place.

Justice for Dr Hasan Gokal because he did what no one else could- care for his people. And maybe if our country cared half as much as he did, billions of people wouldn’t be dead today.

Please please sign this to help his cause

https://www.change.org/p/harris-county-district-attorney-kim-ogg-the-prosecution-of-dr-gokal-is-unjust-and-da-kim-ogg-should-stop-his-prosecution?utm_content=cl_sharecopy_27323511_en-US%3A4&recruiter=826836508&recruited_by_id=6d273550-c08c-11e7-8bf0-510c1cf8213e&utm_source=share_petition&utm_medium=copylink&utm_campaign=psf_combo_share_initial

For the full story of what actually happened that night in detail:

https://www.nytimes.com/2021/02/10/us/houston-doctor-fired-covid-vaccine.html

Thank you for reading it means a lot🤍

#vaccine #news #social media #houston #localheroes

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slash-em-up · 4 years

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In-Flight Entertainment Pt. 1: ChromeSkull x Reader

This was supposed to be a one-shot; but then it started creeping up on 2k words and I figured I better chop it up. Part 2 will be up soon and 90% smut.

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You were not ashamed to say that you hated airports. Absolutely hated them. The bustle, the smell, the overpriced coffee… There was nothing about them that inspired less then complete loathing in you. So when your boss gave you a heads-up that you’d be traveling to LA for a company meeting, you could only groan internally.

Nothing ever seemed to go right when you flew - a belief further cemented by the unexpected snowstorm that had caused your current situation: A ten-hour layover in Denver.

You were going to be so late for your meeting.

Your carry-on seemed to weigh a ton as you lugged it off the plane, cursing yourself for not fixing the loose wheel before you left as it swerved and pulled your case back and forth behind you.

Sighing heavily, you adjusted the barley-hull pillow wrapped loosely around your neck so it wasn’t pulling on your hair quite as uncomfortably, and searched for the sign to direct you towards your next gate.

On the other side of the airport. Great. At least you didn’t have to worry about being late for take-off.

Passing through the airport, you couldn’t help but glance around at the multitude of shops and small restaurants that peppered the space. It almost looked like a mall, if you discounted the weary look your fellow travelers all seemed to be sporting and the cases trailing behind them like colorful dogs.

You’d have to stop somewhere to eat. The small package of pretzels and soda you’d consumed on your first flight had done little to tide you over, and now you were feeling more than a little peckish. And thirsty. And stressed. You’d kill a man for a decent Old Fashioned.

Arriving at your gate, you plopped down onto one of the barely padded seats with a sigh. Nine hours and twenty-three minutes until takeoff. A family of six sat next to you, immediately starting in on a very loud and expressive argument. It was definitely time to go find that airport bar - but first, you needed a quick refresh in the ladies room.

Dropping your carry-on with the rest of the luggage you trotted across the large hallway, having extricated your makeup bag from your case before leaving it with the desk-steward. There were a pair of eye-masks in there calling your name.

It was insane how enjoyable leaning up against a hard wall with your eyes closed could be after five hours cramped in Coach. You stretched up and down on the balls of your feet as your muscles slowly relaxed, leaving you feeling a bit better than when you’d arrived. Now you just needed food.

That was the only thing on your mind as you shuffled back to the desk and snagged your case from the luggage corral.

Even your case felt lighter. Maybe this wouldn’t be such a horrible layover after all.

“Excuse me Ma’am. I’m going to have to ask you to come with us.”

Aaaannnddd you’d spoken too soon.

You spun quickly, taking in the very large, very serious looking men in suits standing shoulder to shoulder behind you.

“…Me? Me, Ma’am?”

The suit-twins eyes narrowed.

“Yes, you Ma’am. Don’t try to run, we’ve already got security on alert.”

You gaped in shock.

“Why would I try to run? I haven’t done anything!”

One of the men sneered as the other looked at you like you were an idiot.

“So that’s your bag, is it Ma’am?”

You blinked.

“Uh, yeah it’s my…”

Your voice trailed off as you took a closer look at the bag you were holding.

Sharp corners, no scratched metallic paint, a gleaming ‘RIMOWA’ screeching up at you from the side…

Well that explained the wheel…

The silver hard-sided case was definitely not yours.

“Oh my god, I’m so sorry. I must have grabbed this one by mistake. I’ll take it back, I’m so -”

“I’m afraid it’s not that simple ma’am. You’ll still need to come with us.”

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You were getting the distinct feeling that you were fucked. Or, were about to be.

What the hell was in that suitcase?

The suited men had ushered you quickly to a side-elevator, punching a code into a keypad before pushing a button labeled ‘P’.

They’d yanked the case from you the first moment you were out of public view and now seemed intently focused on making sure you stayed still and quiet.

Even minutely adjusting the pillow still draped across your shoulders had made them both twitch like they were expecting a fight.

The elevator ding sounded ominous as you were quickly led down a gleaming, white hall - each side covered from floor to ceiling in magnificently large windows, offering a spectacular view of the departing planes and the snow-covered Rockies far behind.

The only break in-between were what looked like small sitting rooms. It dawned on you that these must be the VIP lounges. Like, the VIP-est of the VIPs. Shit, who’s luggage had you stolen, Lady Gaga’s??

You were brought to an abrupt stop at one of the closed doors, pausing outside as one suited man knocked quietly, entering after some unknown signal, bag in-tow; as the second man stayed outside - never removing his eyes from you.

“I can apologize in person if that’s what you’re after. I’m a big girl, I can own up to having grabbed the wrong bag - I just think the whole secret service thing is a little over the top…”

The guard didn’t blink.

Ok, this was getting ridiculous.

“I’m SORRY MR. OBAMA, I DIDN’T MEAN TO STEAL YOUR CASE!”

Your arm was grasped firmly as the suit dragged you a little closer to the door.

“BEYONCE? I PROMISE I WON’T DO IT AGAIN!”

The grasp on your arm turned into a solid shake, nearly knocking you against the wall.

“Shut up!” the guard hissed.

You sneered up at him.

“COME ON SNOOP DOGG, I THOUGHT YOU’D BE COOLER THAN THIS!”

The door opened, allowing the other guard to exit with a look at you like you’d just signed your own death certificate.

“He wants to see her.”

“He, who?!”

The man grasping your arm pulled you quickly, spinning you into the room and closing the door firmly behind you.

You blinked, trying to get your eyes to adjust to the sudden dim lighting of the small room; taking in the plush modern couches lining the walls, the two-person dining table, the open pair of suitcases on the glass coffee-table, and then finally, to the man sitting casually behind the luggage, inspecting a pair of underwear from your case.

“Ah… Pitbull. You were going to be my next guess…”

A single brown eye flicked up to meet yours, followed by a loud snort and a half-smirk.

His head tilted as he examined you, and you did the same.

Gaze wandering from his black dress shoes, up his long black-clad legs, over his broad torso - dress shirt uncuffed and sleeves rolled up to expose fully tattooed forearms - then finally to his face. You weren’t an expert by any means; but even to you it was pretty clear he’d undergone some extensive reconstructive surgery at some point. His entire face, all the way up to his bald head looked… off… The black leather eyepatch was also a little bit of a give-away.

He allowed you a few more moments to take him in before reaching down and pulling a phone out of his pocket.

You jumped slightly as an electronic voice sounded through the room.

“I’ll have to address security with the airport. You’re either an exceptional thief, or they really suck at their jobs.”

Now it was your turn to snort.

“Believe me, of the two, they’re definitely more likely to just suck at their jobs.”

His gaze never left you as he reached down and plucked out the romance novel you’d stuffed into your bag for the flight, waving it teasingly.

“I almost believe you.” He typed.

You looked down, starting to feel embarrassed.

“Look, I’m really sorry for this mix-up. I swear I didn’t know it was your bag.”

Without commenting, the man rose from his seat.

Holy shit, he was tall.

He walked slowly, like he had all the time in the world and knew you weren’t going anywhere.

He stopped as he reached the small dining table, leaning down to open a mini-bar placed inconspicuously against the wall and grasp two small bottles of alcohol.

He shook them in your direction and raised his visible brow in question.

“God, yes.”

He snorted again and made short work of pouring the libation into a set of non-descript glasses; offering you one before motioning for you to take a seat.

You relaxed back into the pale leather, pausing for a moment to quickly (and hopefully discreetly) remove the pillow from around your shoulders.

The glint in the man’s eye told you he’d noticed and was once again amused by you.

You took a large gulp of the liquid in your glass and almost immediately started choking on it.

“FUCK!” you hacked out “What *cough* the fuck is this?!”

A broad grin and shaking shoulders met your watery eyes as the man reached over to type something into his phone.

“I understand ASL, unless *hng* you’re just some wacko who doesn’t like to talk.”

The man nodded before setting his phone back down.

‘It’s Lagavulin. Not exactly something you try to shoot.’

You took another - much smaller - sip and nodded.

“I’m sure under different circumstances it would be wonderful.”

‘Different circumstances?’

“Yeah, well it’s kind of hard to enjoy something so nice when you’re being accused of stealing and are more or less imprisoned.”

The man leaned back in his seat.

‘I know you didn’t take my case… at least, not for any reason I’m concerned about.’

You blinked.

“You do?”

He nodded succinctly before signing.

‘If you knew who I was and were trying to take my case, you wouldn’t have drunk something I gave you so readily.’

Again, you were feeling more than a little dumbfounded.

“So… I can go?”

A long arm motioned towards the white door.

‘Anytime you like; do you have somewhere pressing you need to be?’

You thought sadly about the uncomfortable chairs and family of six waiting for you back at your gate.

“… Not really.”

‘Layover to LA?’

“Yeah! You too?”

The man nodded, looking at you sympathetically.

‘Guessing you’re not business class.’

You laughed out loud at that.

“Ha! No way, who’s got the -… well I guess you do.”

He answered with a shrug.

‘I’d like to buy you dinner, by way of an apology for all the hassle today.’

A small smile crossed your lips as you thought about it.

On one hand, he’d kind of had you kidnapped and implied that if you’d known who he was you would have expected him to poison you or something… But on the other hand, this was definitely the most interesting trip you’d taken, and it was largely in part to do with this guy…

Eh what the hell.

“I’m Y/N.”

The man grinned widely, showing off his perfectly straight, white teeth.

‘Call me Jesse.’

#jessica writes #jesse cromeans #jesse cromeans x reader #chromeskull #chromeskull x reader #laid to rest (2009)#chromeskull: laid to rest 2 #horror movies #slasher fiction

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muertaheux · 4 years

Text

Post J call (19/05) [diary sub.]

4 days of no sleep has meant unblocking+subsequently spending a lot of time thinking about or talking to J the past couple days. but damage done & now that I know that this man has stopped doing all the things he was supposed to do continue doing once we were completely over; ensuring that he does those things again feels like my responsibility!!

-SO! An attempt at digesting some of the most jarring things he said since instantaneous reflection/clarity was impossible !! -

“when you first wanted to end things there was no doubt that you’d be coming back out here”

like there’s a pandemic and i have no reason i need to go back to the bay as it’s alll online now ??

“see I’m not even in LA!! I chose not to be for you!!”

We’ve had no contact for months and I had no idea he still mainly lived in Oakland?? So that cannot be put on me?? ALSO literally one of the last things I had said to him was about how at least now he can live in LA & something to the effect of how he should try + actually enjoy the lifestyle now?? LA bitches always made me feel a way & a lot of the LA guys he worked with or just at different events were just a lot???

“How can you act like this is the way its supposed to be with us?? If you just decided that there’s not even a chance anymore than that’s fucked up that you gave me false hope”

WHAT THE FUCK. It’s certainly not healthy to entertain possibility of reconciliation, for plenty of reasons but especially as he’s not risen to the occasion of doing what he needs to do! I didnt leave him high and dry as he has the blueprints, tools, and resources now. Literally last night he was texting acknowledging how we’re both not “whole” and it seemed he got that we must be separate but I guess not?? I didn’t give him false hope???

Damn like I was still balancing my own academic + professional + personal obligations and mental health ?? I will do basically anything for someone I love and as his gf ended up taking on quite a bit . But I was 21/22 w. a rigorous course+research load,demanding job, & my own traumas & mental illness to manage??? I loved tf out of him but I am too young & too shaky myself for the dynamic we had to have been sustainable?? I don’t regret putting him onto therapy+psychiatry & the business/financial resources/techniques but being his buffer for the industry stuff in LA was exhausting & fucked w me. I hate almost everything about LA& I get that he’s more introverted than me + has wild imposter syndrome but he was the one who had a right to be there I’m not even remotely connected to that field and again I despise most of the LA bitches- I’m in my early 20’s obviously I would still have wild self esteem issues etc?? I would literally be crying for a good portion of the drive or flight down there almost every time after the first one. But as he would literally run every single business decision or interaction by me & even once the money started coming + he had validation regarding his skill set, for awhile he still would be second guessing the creative aspect of it; and he only really trusts & is out of his shell completely with his Oakland friends, people in LA/anyone he works with he views strictly as clients/collaborators - he wouldn’t go to anything he needed to in LA if I wouldn’t come with him. Okkk yes he was ode loyal/ attentive to me as well as supportive + invested in my stuff & we really protected/looked out for one another in different ways, so it’s not that he was undeserving.. I just can’t be or do everything for someone!!! I also would not even have chance of being close to happy if I stayed in states now that I am completely disillusioned with medicine ??

“That’s insane that you’ve been able to move on like this that’s so fucking ode [my name redacted]. I bet you were fucking other people when were together”

What. the . fuck. I WAS NOTHING BUT LOYAL WHEN WE WERE TOGETHER AND UNLESS I WAS IN CLASSES OR WORKING WE WERE TOGETHER!! I actually have never spent so much time with one person (and didn’t even mind it) before or after him. He knows I never cheated on him smfh he hurled this same accusation back in the winter after I started hooking up with someone again. So I don’t really get why he’s even acting like this is brand new information because the inciting incident for me to cut him off completely a few months ago was how he was handling me hooking up with someone. Don’t ask questions you don’t want the answer to tbh??

Also if it wasn’t for pandemic or if he was IN LA as a single man, I’m sure he would’ve ended up with at least someone ?? Yeah he’s not a hookup kinda guy but if he was taking the same drgz but Im not there than Im sure he’d have plenty of bodies, he’s objectively gorgeous to the point that people are wild confused by his personality & mannerisms.

ALSO we’ve been broken up technically since the fall!! I’ve hooked up with TWO people, which is my prerogative?? I could hookup with a ton of people and it would still be well within my rights as in no way are he and I together ?? It doesn’t mean I don’t care or love him at all but it’s literally mid- May?? I get that he’s mainly upset that the person I most recently was with is the guy from Feb. What I didn’t count on or realize was that I had given J enough info that combined with his naturally sharp memory he’d piece together that the Feb/recent guy is the last person I was in love with before the relationship w J. Once he figured that out he was pressing for more info but I never give out names from situations anyways & I actually had to aggressively ask him if he enjoyed being hurt or something because there’s no reason he needs to fixate on this ??

“this is so fucked up youre not gonna give us a chance to say goodbye for real?? you promised me that it wouldn’t be the last time we saw each other , was this your plan all along ? i can’t believe i really thought you were gonna come back . i’m so fucking stupid. when i heard about schools, even graduations, going online i convinced myself that you still had to come back here or that you’d find a reason. what the fuck rachel! what am i supposed to do?”

Ok he started off yelling (for him) there but once it was just crying i got that his abandonment issues are triggered & that’s definitely valid but he can’t guilt me into coming out to Oakland & based off the past couple days he is not in a place that I can trust myself around. We’d definitely end up fucking & probably doing drgz & there would be no closure we’d just have intense /cinematic experiences that will make separation that much harder AGAIN. We can bring out the best in one another but we also bring out the absolute worst!! We can’t forget the truly fucking horrible parts of our relationship and how out of control it was. Love is not enough!!! The way we loved one another was all consuming & that doesn’t work when there’s soooo much individual healing+ growth that needs to happen.

of course i still love him as well , but i can’t even remind him of that as it’ll then be “so you’ll come back?” fuck like people can love people and know not to be with them!! if i was in a better place maybe i’d think about it; but i’m so far from where I need to be. ofc I miss a lot about him and the relationship but it’s more detrimental than it is beneficial!! it’s not like he didn’t have his grievances too he just doesn’t keep them in perspective in this type of situation . like yeah we coexisted extraordinarily well & never had little arguments over dumb shit/ needed a break from one another; but when we would fight it would be a massive aggressive blowout. ok great we didn’t find one another annoying but also we were respectively v fucking triggered by some deep rooted behavior (i.e our respective parents +trust issues, ptsd and psychosis manifested completely differently; bc of our constant proximity to one another - my BP was on full display multiple times; i accepted he was set on carrying but it was ultimately more like stockpiling ; we both at times did reckless things which made us obsess over the other’s safety [mine mainly in mixed or manic states] ; different attitudes/approaches to drgz) . the codependency was in some lights eventually p unhealthy , especially as eventually down the road itd be impossible to accommodate that degree of attachment to one another!!

ok in some way it’s romantic or w/e that we literally couldn’t be w/o one another at night but also we made it way harder on ourselves when we’d focus on making sure we could be with the other at their obligation instead of our respective responsibilities(i.e me always in LA with him, he ended up coming overseas 3x (EU&Middle East) when I was there for work/conference( for countries he wouldn’t be able to get into he waited at w/e neighboring one would be safe for him), based his UK work trip around my exams schedule so he could bring me, brought me to PFW, etc. ) even considering taking space at any point was never a real conversation.. we were genuinely best friends but just bounced back from w/e dysfunctional argument we had vs solving it and we’re both mad paranoid people & we need someone to physically be there to feel reassured;on the surface and in actuality in some ways the dynamic was ideal- (regardless tho having someone be your primary safety is hardly fail-safe ).

Both of us are insomniacs & deal w night terrors; but from v. early on we figured out how to handle these things in each other to the point that both of us stopped our respective nighttime vices & could sleep naturally; in the case of night terrors the other person would soothe them back. His overwhelming need to protect found a match with my overwhelming longing for safety even before we knew a ton about one another&the respective back stories. Because of Chantel Miller’s assault case that had gone viral(re:the SU Swimmer case) years before, J was convince su at night was dangerous & always picked me up+ put pepper spray canister in my bag literally a week after we first met. When he learned my history/some of the traumas (mainly nyc r**** & parts i shared re:tr********* abroad) etc he was especially ode about my overall safety. (Tbf he has seen a lot in his life but he mistook my taking risks at times as being completely oblivious when most of the times it was because I had assessed the situation and compared to other experiences and I knew I could handle it; ofc for some of the episodic instances it was way more precarious of a situation. )When it was clear that it wasn’t just some over controlling maneuver, it was just easier to try and listen to him about which areas and times to avoid tbh& spared the details of my ~pickups~. He didn’t need protection in the same way; besides the support/‘protection’ for LA/industry stuff, he needed emotional support/validation, reassurance, and to be nurtured & encouraged.

#mheuxarchives

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boyf-canons · 7 years

Text

I Can’t Believe You!

Ship: Evan Hansen x Reader

Warnings: Panic attack, swearing, brief online bullying, talk of suicide.

A/N: Requested for the sentence prompt, “I can’t believe you!” I really hope this is what you meant. In this, you take Zoe’s place. I switched around the lyrics to words fail and took some dialogue from this scene in the show, because I felt that the words they already spoke/sang were so important. I don’t know how I feel about this, and I still don’t know how to end things but regardless I hope you enjoy. I’m thinking of making a pt2 where they meet up in the future to talk this over, but I’m not sure. Let me know if anybody wants that!

-Mod Rae

It's funny how everything can change in a moment.

Your phone rang. Grabbing it and seeing a blocked number, you swiped to answer.

"Who is it? Who is it, (y/n)?" Larry questioned.

You ignored your dad. You just wanted to see what the person on the other line had to say to you.

"Connor said all of his hope was pinned on you," the voice spat. "You're a stuck up bitch; I hope you feel what Connor felt."

"Have fun with your miserable life, bye." You mumbled, hanging up.

Honestly, you were expecting any phone call or text to be some form of harassment at this point, but that didn't mean it didn't hurt you.

It all happened so fast.

Everything was going so well for your family. Evan had given your family your brother back, started a successfully inspirational project in his honor, helped all of you grieve, and most recently become your perfect boyfriend. You couldn't ask for more, if you were telling the truth. It was like this was how things were meant to be. But all good things come to an end, right?

You came home from school one day. It had been odd; maybe it was your imagination, but it seemed like people were ignoring you all day. Some flashing nasty looks at you, even. Tired out from paranoid thoughts running through your mind for 8 hours, you flopped down onto your bed and groaned. After staring at the ceiling for a few minutes, you felt your phone ping.

New message from Evan <3: Are you okay?

Furrowing your brows in confusion, you unlocked your phone and typed back a quick, "yeah why?"

New message from Evan <3: Are you sure?.. If you don't want to talk about it I won't make you but I want you to know I am here for you..

To Evan <3: Huh? Evan, what are u talking about?

New message from Evan <3: You don't know?...

To Evan <3: What? Did something happen? Call me please

Moments later, you saw Evan's contact pop up on your phone as it rang. You picked up immediately.

"Ev?"

He was silent.

"Evan, what's going on? Is everything okay?" You asked nervously.

"(Y/n).. I think, um.. You need to check your social media, (y/n)." He muttered, clearly distraught.

He was too quiet for you to be comfortable. You felt your stomach churn. Pulling up your Instagram first, you saw 9 different new tagged photos of you along with 19 comments. What? That couldn't be right. Pressing on the tagged photos first, you noticed screenshots of what appeared to be a letter. Out of nervous curiosity, you pressed on one to read it. Mumbling it out to yourself, you read the first sentence.

"Dear Evan Hansen, turns out today wasn't an amazing day after all."

Your blood ran cold. You knew these words. This was the letter Connor had in his back pocket when he took his life. How did people get this? You flipped back to your notifications page and began reading through the new comments.

Fuck the murphy's.

Connor deserved better than you heartless god-awful people. I hope you burn.

Connor wrote his suicide note to evan hansen cause he knew his family didn't give a shit.

(Y/n)'s parents, by the way, are insanely rich. maybe they should have spent their money on helping their son.

You're a disgusting excuse for a sister.

You closed out of the app quickly, not able to look at anything else.

You were too engulfed in your own confusion and panic to hear Evan calling to you through the phone. He hung up without you realizing. Feeling as if the world was crashing down around you, you felt hot tears begin to fall and leaned over your bed, breathing faster. Before you could even fully process what was going on, Evan burst through your door.

He ran to you, taking you in his arms and pushing hair away from your face. "(Y/n)? God, I- I'm so sorry. Listen to me, okay? Please listen to me." He begged. Your breathing stayed fast and tears remain in your eyes, but you looked up at Evan.

"How did people get this?" You asked. You thought you saw something inside of him crumple, but you didn't point it out. When he didn't say anything, you abruptly stood up. "We have to show my parents."

"O-okay." Evan stuttered. You took his hand and lead him to the kitchen table, calling out for your parents. They joined you both, and you explained your social media and they checked theirs as well. Unsurprisingly, their Facebook notifications were flooding with the same brutal remarks. So here you were, your family gathered around the table yelling and arguing over a computer, while Evan stood nervously by the wall. You'd hung up your phone and went back to screaming with your family.

Your dad grabbed your cell, shutting it off. "You don't take more calls from blocked numbers, do you understand me?" He ordered. You didn't answer.

"Maybe right now the best thing to do is to wait and see if this blows over." Larry advised.

Cynthia laughed bitterly. "That's always your solution isn't it; just do nothing?"

"Is that what i said?"

"Wait and see. Right, Larry?"

"Can you guys just stop?!" You chimed, begging.

"I had to beg you," Cynthia started, "every step of the way."

"Okay, hold on."

Evan spoke up just quiet enough where nobody noticed him. "I'm sure the comments will stop-"

"I had to plead with you for therapy. For rehab." Cynthia continued.

She and Larry started yelling over top of each other to a point where their words were blended together.

Cynthia raised her voice. "All you cared about was picking apart everything that I did!"

"What I cared about was picking out a program, and sticking to it." Larry objected.

"No, you wanted to punish him!" You announced.

"Listen to your daughter, Larry!""

"You treated him like a criminal!" You accused.

"Are you listening?"

"You think you were any better? You let him do whatever he wanted." You shot back at your mom.

Cynthia ignored that and went back to firing at Larry. "When he threatened to kill himself the first time, do you remember what you said?"

"Oh, for christ's sake!"

"He just. Wants. Attention?!"

"I'm not gonna sit here and-"

Cynthia interrupted him. "He was getting better! Ask Evan. Tell him, Evan."

Evan spoke softly. "Oh, I shouldn't-"

"Evan was in denial!"

They began screaming over each other once again, hardly stopping for breathes.

"Read the note, Larry! Read what he said. God knows the world is reading it."

"Actually-" Evan chimed.

"I did the best I could."

"I wish everything was different." Cynthia quoted.

"That's not-" Evan was interrupted again.

"I tried to help him." Larry boomed.

Cynthia went on. "He wanted to get better. He was TRYING to be better!"

"I don't know what to tell you!"

"He was trying!"

"And he was failing!"

"WE failed him!"

"No you didn't, you didn't fail him!" Evan yelled for the first time.

"Look at what he wrote!" Cynthia challenged.

"HE DIDN'T WRITE IT!" Evan screamed. He stared at the ground, taking a sharp breathe in before he yelled again. "I wrote it!"

He three of you gaped at him for what felt like forever before Cynthia spoke up. "You didn't write Connor's suicide note, Evan." She said in a weary tone.

"It wasn't a s-ugh. It was an assignment, um, from my therapist. Write a letter to yourself; a pep talk. Dear Evan Hansen, today's gonna be a good day and here's why. I was supposed to bring it to my appointment, but Connor took it from me. And I guess that he must have had it with him, um, when they found him." He spilled, speaking quickly.

"What are you talking about?" You asked, not processing a word.

Evan broke down, beginning to cry. "We weren't friends."

"Evan.. Evan, no. No, no, no!" Cynthia cried.

"I never meant to make such a mess of things. I never.." He choked. "I never thought it'd end up going so, um, so far." Evan continued, putting his head in his hands.

"There were emails. You showed us the emails!" Cynthia reminded him, refusing to believe what was happening.

Evan ignored her. "So, I- I'm just... Here, trying to find something... Something to say."

"But you knew about the orchard. He took you the orchard." Larry chimed in.

"That's where you broke your arm." Cynthia added.

Evan took his hands off of his face and wrapped them around himself. "I broke my arm in the park by myself."

"No, no, no! that day at the orchard, you and Connor at the orchard!" Cynthia continued to object.

"There's nothing I can say. I'm-god, there are..." he hiccuped, "there are no words."

Cynthia sat down, unable to stand anymore and began sobbing, reality setting in. Her son never even had a friend. He really was alone.

After sitting quiet, you finally spoke up. "But you told me that you.. that you would talk about me, and that you would.. how could you do this?" You questioned.

"I never had this kind of thing before." You noticed Evan had begun sweating. "Nobody's ever-no, um... I've never had that perfect girl in my life who saw past my flaws, and chose to see the good side of me. I've never had a dad who stuck it out; mine left when I was-when I was 8. You all know that. My mom was never there just b-because that's who she was supposed to be, she's..." He cried into his hands again. "She's never around."

Cynthia ran out, not being able to stomach the situation unfolding before her. Shortly after, Larry followed and it was just the two of you.

"That is not a... a worthy explanation. There is absolutely none, I know that." Evan explained, his cries echoing through the air. "Nothing could p-possibly make sense of all these.... these things that I've done."

It was this moment that everything hit you. Evan, the one person in the world that you thought you could trust... The person you told everything to, and who told everything to you, or so you thought... He had lied to you about everything. The entire basis of your relationship was a lie. Everything was a lie. Connor never cared. He never had friends. He never wanted to reach out to you or fix anything. He never cared about the orchard, or you, or your family or anything. None of this was real.

It felt as if you had been standing knee-deep in the ocean, and everything was still. Everything was still, and everything was calm; but before you could so much as turn around, a tidal wave crashed down over your head and kicked your feet out from underneath you, knocking the breath right out of your lungs.

You had never felt this blindsided or betrayed in your entire life.

As you took your own hands into your hands just as Evan had done, you cried. "I don't... I don't understand." You said. Anger began to slip into your voice. "What made you think this was okay, Evan?" You broke.

"I never-"

You interrupted him. "What made you think you could just come into my life and give me false hope about everything I've ever known, and then just take it all away in a heartbeat? You made me let you in, only for me to figure out all of this was a lie! I can't believe you! Was any of this true, Evan? Do you even love me?" You demanded.

He looked you straight in the eyes, his face contorting in pain as body-racking sobs took over him. "This wasn't- I didn't... Oh, god." He doubled over, clutching himself. "Imsorryimsorryimsorry." He sputtered, slowly letting himself fall to his knees. He began crying so hard that he could hardly catch a breath. He tried to speak, but it ended up coming out more like mumbles and groans, as if he was choking over every word. He trembled, putting his hands on the ground to keep himself from completely falling over.

You knew exactly what this was. You had been with Evan long enough to know what his panic attacks looked like when they were forming, and he was obviously headed into one. Despite how desperately shattered you were feeling, you knew you couldn't just leave him to fight this himself. You ignored the twinge in your heart and the aching you could feel in your chest, and headed over to Evan.

You would deal with your confusion and broken heart later.

You sat down on your knees directly in front of him, pulling him into your chest as tight as you could and beginning to softly rub his back with your right hand. As you had discovered, calming physical touch could normally bring Evan down when he got this worked up.

He let out a wail, sobbing "I'm sorry" into your shoulder over and over again. You felt your own eyes continue to pour, but you ignored it. Hearing him let out long, body-raking cries into your t-shirt and just physically feeling his body quaking, you squeezed your eyes shut, trying your best not to begin completely sobbing again yourself.

You stared at the floor to keep yourself grounded.

45 minutes later, you found yourself still clutching him in your arms and softly running your right hand through his hair as you felt him slowly breathe in and out. The both of you were silent; you knew if either of you spoke it would mean it was truly the end.

So as you sat, feeling so small in the eerily quiet house that seemed to engulf you, your eyes remained trained on the floor and your mind remained blank. You didn't want to think. Thinking meant that you had to come to terms with this immense feeling of desolation, and in the meantime you wanted to push that as far out of your head as you possibly could. But you knew you couldn't stay like this.

"Evan..." You took a breathe in and paused for a second, but spoke once more. "I think you should go.

"I know."

"I think you should go, and you shouldn't come back. Please."

"(Y/n).."

"Please." You repeated.

Evan gulped, but then he stood up. He didn't say anything. Maybe it was because he knew there was nothing left to say, or maybe he just couldn't think of anything.

Regardless, he stood up and he walked to your doorway. He walked through, and he didn't look back.

You sat on the floor, staring at where he had been moments before. You didn't know how you felt. Part of you felt empty, but another part of you felt all of the broken pieces of you shattering all at once. You pushed that part out. Either way, Evan was gone. And so was everything you had come to know.

It's funny how everything can change in a moment.

Isn't it?

#dear evan hansen #evan hansen #evan hansen x reader #deh #deh x reader #connor murphy #connor murphy x reader #jared kleinman #jared kleinman x reader #cynthia murphy #larry murphy #musicals #musical theatre #fanfiction #fanfic #musical fandom #musical fanfiction #mod rae #angst

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arkhamarchitecture · 7 years

Note

ok so "The Ioun Post You Knew Was Coming" is A+, but it is just Insane to me how many people are replying to it with absolutely groundless counter-arguments. SO many skewed interpretations, SO much mischaracterization of Percy I don't even know where to start. I just.....I imagine you must be frustrated :P

I’m ignoring most of them tbh. I wrote it based on my opinion and the reasons why I personally don’t like it (tl;dr: because it was a decision on Matt’s part based more on the out-of-game logistics of needing a god for scanlan and none of the other gods fitting scanlan at all, rather than scanlan actually being a better choice for ioun than percy). No part of that post was intended to change other people’s minds.

I’ve seen multiple responses along the lines of “Well at least Scanlan only keeps secrets about personal stuff instead of world changing dangers,” which misses the point so badly its in another area code entirely.

I also just had someone accuse Percy of mass producing guns and keeping them for Whitestone, which - nope, he did not do that. All the guns used by the riflemen are the ones picked up from Ripley. Percy has not made a new gun since Bad News. Percy also started teaching soldiers in Whitestone how to use them when the city was under potential threat of being attacked by several ancient dragons and he would have thus been a complete idiot for throwing away something that could help defend his city.

He has since maintained their training because there’s no reason not to. The secret of guns is out there in the world. There’s nothing Percy can do about it. Ripley spread that shit far and wide. But it’s insane to argue that “Well since people out there in the world know about it, Percy should spread it even more.”

What world do you live in where “More Guns” has ever been the solution to “Guns?”

#my crit role stuff #fuckin ioun discourse #Anonymous

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reptilerach · 7 years

Text

“Rejection”; Chapter Eight

NOTES: Sorry sorry sorry! This chapter was delayed to freaking WiFi issues down here in FL. April vacation will give me a lot of time to work on my Disbelief! comic, so… that should be out sooner than I’d originally thought. The only reason why it’s taking so long is because I dread all the shading… Ah, well. Enjoy this cute lil’ chapter! (Is sure that it will make the Reader blush)

…

Oh, and go check out this great, brand-spankin’-new comic AU, Pastfell, created by the one and only @vanessagirl286! For the title page and beginning of her awesome comic series, click here.

______________________________________________________________

A peaceful silence rested between you, and it felt like an eternity. The heat rushing off your face probably made you look like a tomato, but you didn’t care. This was Sans you were in front of; a guy who didn’t care for little things like this. You squint your eyes just to check that he wouldn’t be able to notice. For a second, you thought he had blue dusted cheekbones. A slam erupted within the abyss of noise, causing you and the skeleton to glare at the door.

Papyrus stood there with a few grocery bags, and huffed heavily. He looked worn out, but upon seeing you he cheered right back up again. “I HAVE RETURNED, HUMAN! WHAT WAS MY TIME?” You gulped, and looked to your side for Sans’ help. He’d already teleported back to his seat, and was leaning back nonchalantly like nothing ever happened. He opened an eye lazily at you, and winked with a devilish grin. You silently plead for his help with your facial expression, but he simply turned a nose up to the air. You could tell what he was trying to get across; “you’re on your own. this is payback from earlier.”

Stammering, your face grew hotter than it had already been from the sudden embrace moments before. “WELL?!” Papyrus demanded, and dropped the bags onto the floor. He fold his arms impatiently, and stood a few feet in front of you. You looked up at him, and came up with a random number. “P-paps, your t-time was, um… 2 minutes and 32 seconds.” You cringed, and Papyrus just stared blankly. Then he cheered, and punched the ceiling. Sans laughed at his brother’s happiness, and smiled wider when Papyrus picked you up once again and spun you around.

“OH, THANK YOU DEAR HUMAN! I BEAT MY RECORD BY 3 SECONDS!! TO CELEBRATE, THIS PASTA WILL HAVE TO BE THE ABSOLUTE BEST!! LET’S CONTINUE.” He settled you down after another twirl, leaving you feeling dizzy as hell. Sans snickered from across the room, and you put your hands on your knees from the overwhelming vertigo.

You glanced over at him, out of breath; he wiggled his eyebrows playfully (but still somewhat modestly) upon seeing your distress. You knew that was just Papyrus’s way of hugging people, but to be honest it was unbearably rough. You blushed, and plastered a frown one would make when they pretended to be dead.

Sans clicked his teeth, and pointed an index finger at you. Then, without a thought, he fell asleep. You rolled your eyes at his incompetence, and laid a hand on your crimson cheek. Papyrus jumped beside you, and lift your body up unexpectedly. “SAY, HUMAN… YOU SEEM AWFULLY RED. DID YOU AND SANS TALK ABOUT ANYTHING WHILE I WAS GONE?” You flinched, and bit your lip. “…No.” You said simply, but for once, the tall skeleton saw right through you. Heh, I should make that into a pun for Sans later, you thought with a giggle.

Papyrus frowned, and continued with his accusation. “ARE YOU SURE? BECAUSE IN THE TIME YOU’VE BEEN LEFT ALONE WITH MY BROTHER, WHICH IS VERY LITTLE, YOU SEEM REALLY FLUSTERED WHENEVER I COME BACK.” You gasped, and blushed harder. You raised your hands to cover his mouth, and whipped your head to Sans. Thankfully, the short skeleton was still snoring away on the table. Once you made sure he wasn’t eavesdropping, you let go of Paps and played it off as casually as you could.

“Nah, we’re cool. Sans just makes me laugh really hard when you’re gone; because we don’t want to aggravate you when you’re here, we save the bad puns for later. And when I laugh hard, my face turns red.” You sweat nervously, but fortunately Papyrus seemed to buy it. “THANK YOU FOR YOUR MERCY, (Nickname). IF SANS CANNOT CONTROL HIS COMEDIC ACTIONS AROUND YOU ALREADY, THAT MUST MEAN HE REALLY LIKES YOU.” You froze, but remained calm.

“Heh, how sweet.” You replied sarcastically, but on the inside you meant it; you just wanted the nosy skeleton off your case before Sans woke up and heard any of your embarrassing conversation. “HE CAN BE, WHEN HE WANTS TO. AH…DON’T TELL HIM I SAID THAT.” Papyrus set you down, and hand you a spare apron. It was a tad bit large, but you eventually figured out a way to make it work. “OKEY-DOKEY! LET’S FINISH WHAT WE STARTED!” Papyrus called loudly, and an urge to wince arose. However, you rolled it off quickly with a care-free chuckle.

You hummed happily, forgetting your sorrows temporarily and remembering how Frisk went on a cooking show with Mettaton and nearly got killed. Instead of growing remorseful over the memory, you chortled under your breath at the thought of the wacky robot. There was no way I would get hurt here in the skelebros’ home, as Papyrus is always looking out for my safety and Sans… Well, you didn’t know how Sans would react yet if you were in danger. He did just say you were friends, and that he knows the two of you might grow into real great ones, but that didn’t mean that he would protect you.

Maybe, just maybe, if he let himself grow attached towards you, then he would. But that takes time. You can’t just be best friends with someone over night; you have to know them like the back of your hand and share many experiences with them. Well, I guess I already got that wagon rolling. You thought to yourself as Papyrus gave you a sudden order to stir the pot.

Hugging the guy as soon as I meet him, sharing some pain through a sympathetic mourning fest… those times may have not been special to him, but they meant everything to me. You agreed with your conscience, and smiled under your breath. Those times were moments where you used more than just your sense of sight to interact with your favorite character; and that was because you weren’t behind a computer screen anymore.

You sighed, and finished cutting your set of vegetables. Sans doesn’t forget things easily. I’m sure he’ll remember our first meeting for the rest of his life, or this timeline rather. Your mind drifted elsewhere, and you gazed up at Papyrus with awe. The speed and accuracy of his chopping was insane; probably because he had a skele-ton of practice, while you did not.

I wonder when Frisk is going to reset, and what it’s going to be like for me when they do. The consequences of the idea flooded your mind, and you grimaced. Hopefully that doesn’t happen soon, since Frisk may not know what they’re doing and mess the game up. This timeline is special, since I’m here, and starting everything over might effect me in some unpleasant ways. You sang a familiar tune, completely forgetting your dislike of singing in front of new people.

Papyrus hummed along too, minding his own business and finishing his work. He sang along to a peppy beat, one that sounded awfully familiar. Little did he or (Y/N) know that Sans was awake the entire time; listening in on their “private conversation”, and how (Y/N) hummed delightfully under her breath.

Receiving a genuine hug of empathy? Check. Getting a rare compliment from his brother? Check. Listening in on a oddly calming tune that relaxed every nerve in his bones? Check. Boy, Sans was having quite the good day.

When Papyrus pointed out (Y/N)’s habit of being flustered around his older brother, the short skeleton smiled shyly underneath his arms (of which were covering his face). For a dramatic effect, Sans continued to snore and convince (Y/N) that he was asleep. The tone in Papyrus’s voice felt similar to one implying something; like he knew something that the human and comedian didn’t (or rather just Sans; (Y/N) apparently knows everything). But Sans brushed it off; Paps tended to jump to conclusions about many things, and 50% of the time he was wrong.

As for when the tall skeleton said that his brother already seemed to be growing fond of (Y/N), Sans tensed immensely under his arms. Well, Paps wasn’t exactly wrong; no one, not one person ever, had a soul like (Y/N)’s. It was the most magnificent Sans had ever seen, but it’s not like he was ever going to admit that out loud. He’d just told her that they were friends, for Pete’s sake! That’s more than enough emotional stress for one day. But, however, being considered “friends” with (Y/N) automatically felt…right. Like it was meant to be that way. Perhaps (Y/N) was just that kind of human anyone could get along with.

The same did not go for the Surface’s humans, based on the cruel insults that she’d said the jerks told about her when she had to wear her brace for 4 years. four years… damn. that’s a really long time, now that i think about it. Sans thought, and frowned under his hood. (y/n) said it was like being stabbed constantly 24/7… that’s a shit-load of pain. not to mention all the emotional stress by interacting with society. Sans furrowed a non-existent eyebrow, and pondered deeply.

how could people be so cruel to her? she’s so freaking smart, and funny, pretty- Sans flinched at his own thoughts, and pushed them away immediately from embarrassment. His bones shifted uncomfortably, and he adjusted his position on the table carefully to not give away his act. the point is that i said i was willing to get to know her better. as a supportive friend. is that already considered getting attached? if it is, i mean, how could i not? the girl freaking tackled me with a bear hug when she first met me! normal people don’t do that. but she isn’t normal…not at all…

Sans thought back to her soul again; how it changed colors frequently to all the different spectrums in a rainbow based on what she was feeling at the moment. He didn’t care that he was technically dreaming slightly perverted dreams, as in the monster society thinking about one’s soul was like thinking about boobs. He was just so fascinated by that specific aspect about her; no other monster would really understand him for that, as he was the lone Judgement Monster. He had abilities that no one else in the Underground could ever imagine, such as the ability to see into one’s soul and determine how much LOVE they’ve gained or how much EXP they’ve earned.

And with (Y/N) particularly, that was none. Although she had no “LOVE” within her, Sans didn’t realize that she was slowing receiving “love” from him every time she shared a laugh to one of his terrible puns, or made one of her own. Every time she cooked with Papyrus or made the tall skeleton happy, every time she brushed back a strand of hair reflexively, and even when she tested Sans’ patience to show that she wasn’t a complete wimp was very slowly but steadily increasing her “love”. It was just as the subconscious within Sans had feared; the more time that (Y/N) spent in the Underground making new friends with monsters, the more she was wrapping everyone’s emotions around her little finger.

And what scared him even more was the fact that he was already thinking these thoughts after only meeting her once and communicating with her here within his private sanctuary for a solid three hours. He couldn’t imagine what he’d be like after a week.

if the timeline doesn’t reset by then, he thought sourly. It was always around that time that Frisk did, and as depressing as it was, Sans had gotten used to it by now. Not being able to share any of his feelings with anyone, he locked himself up in his room. Away from where Papyrus, or anyone for that matter, would see him in his time of weakness.

But now he could show those emotions. Because (Y/N) was here; the human from outside the game, who knew everything there is to know about Sans’s issues. Who knew and understood what he was going through, and how to deal with them perfectly. For that, he was extremely grateful.

As much as Sans hated making promises, when he saw how big of a wreck the poor girl had been earlier, and how she let him comfort her during her times of heartache, he promised to himself inside his heart that he would not stop until all of her issues were resolved right alongside his.

Because a human like (Y/N) didn’t deserve to be unhappy.

For the first time in a couple of hundred timelines, Sans was determined to protect a human from all emotional and physical conflicts. Deep down inside of his beating soul, a force emerged from never before. Sans didn’t know it, but this force was festering into something bigger and stronger every moment he was around the human he now considered a friend.

And that wasn’t Frisk.

FIRST

Chapter Ten (Where all the chapters before that are.)

Chapter Twenty (Links for Chapters 11 --> 19)

Chapter Thirty (Links for Chapters 21 --> 29)

59 notes · View notes

legalseat · 6 years

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The Medical Expert Witness: A Litigation Guide

Whether your client is a plaintiff or a defendant in a case related to the complex field of medicine, the testimony of an experienced expert witness is absolutely necessary. A medical expert witness must be able to examine the material facts of the case, such as medical records and lay witness testimony. As well as prepare written statements, create models and other visual aids to explain their theories, prepare written reports, and of course, provide expert testimony before the court.

Depending on the jurisdiction, the opinions of a medical expert may be based on their personal experience working in the medical field as well as academic studies and other medical publications. The expert should be able to break down the scientific, technical language and terminology so that someone without any medical training can understand the key issues of a case. In order to be afforded “expert” status, the medical expert witness must be able to state opinions with “reasonable medical certainty”. They must also aid the judge or jury in reaching a more valid conclusion about the facts of the case than they would have without the expert’s testimony. The opinion of a medical expert witness testimony can be useful in a wide variety of cases.

Table of Contents

1 | Medical Malpractice Claims

2 | Personal Injury Claims

3 | Toxic Tort & Workers Compensation Claims

4 | Criminal & Insanity Defense

5 | Sexual Assault & Domestic Abuse Claims

6 | Addiction Evaluations & Care

7 | Elder Abuse Claims

8 | Prisoner Abuse Claims

9 | Determining Cause of Death

1) Medical Malpractice Claims

The list of professionals that could serve as medical expert witnesses is nearly endless. An expert who has extensive medical training and experience in a hospital, private practice, laboratory, or other setting relevant to your case will be able to opine on the standard of care and bolster the credibility of your argument in the eyes of the judge and jury. Sometimes, a case requires a medical expert witness who has experience in a particular segment of the medical industry, such as a hospital administrator, department chief, medical school professor, physicians assistant, nurse, or hospice care professional. Depending on the case, you may need to hire several experts who belong to a variety of highly-specialized medical subspecialties.

When litigating a medical malpractice claim, proving physician negligence depends on comparing what the accused physician did (or failed to do) against the standard of care within the medical specialty. The duty of care to which a physician is held in a malpractice action is “that degree of care, skill and diligence which physicians in the same general neighborhood, and the same line of practice ordinarily possess and exercise in such cases.” Snyder v. Pantaleo, 143 Conn. 290, 292 (1956). Essentially, if a reasonable and competent doctor under the same conditions would have provided different care that could have altered the patient’s circumstances, then the treating physician has likely committed malpractice.

Misdiagnosis, Delayed Diagnosis, and Failure to Diagnose

Misdiagnosis, delayed diagnosis, and failure to diagnose account for a large percentage of medical malpractice complaints. According to a Mayo Clinic research study, more than 20% of patients with serious conditions are misdiagnosed by their primary care providers. Some of the most frequently misdiagnosed conditions are cancer, heart attack, stroke, celiac disease, fibromyalgia, and thyroid conditions. When a physician misdiagnoses, or fails to diagnose, a condition, the patient is at a high risk for missing critical treatment opportunities that can prevent devastating consequences, serious harm, or death.

Diagnostic Specialties: Primary Care, Family Medicine, Oncology, Cardiology, Pediatrics, Ophthalmology, Hospitalist, Emergency Medicine

Case Example: Rhodes v. U.S., 2013 WL 4780095 (D.D.C. Sept. 9, 2013)

The plaintiff, Shilisa Rhodes, brought a medical malpractice action against the United States under the Federal Tort Claims Act alleging the defendants, Unity Health Care and her doctor, Dr. Jamie Hill–Daniel, failed to refer her for diagnostic breast testing in a timely manner and failed to take the appropriate steps to diagnose her breast cancer.

To establish that the defendants breached the standard of care owed to the plaintiff, Ms. Rhodes called multiple expert witnesses to establish the elements of her delayed diagnosis claim. The experts who testified included one in pathology, one in oncology, one in the psychology of loss and grief, one in end of life costs, and one in economics.

Finding the expert witness testimony to be convincing, the court held that the plaintiff met the burden of proof required to find that the defendant breached the applicable national standard of care. The court awarded the plaintiff nearly $4.5 million in damages.

Surgical Errors

Surgical errors are another common medical malpractice claim and generally occur as a result of poor or missed communication. These claims can run the gamut from leaving medical instruments inside the body, or causing infection by using contaminated surgical instruments, to catastrophic mistakes such as puncturing internal organs, operating on the wrong side of the body, or amputating the wrong limb.

Transplant surgeries are tricky procedures that require precise research, planning, timing, and execution. Although transplant surgeries have never been more successful, about 25% of kidney recipients and 40% of heart recipients experience organ rejection in the first year after transplant, making transplant physicians prime subjects for malpractice lawsuits.

Additionally, due to breakthroughs in medical science, the number of elective, preventative, and rehabilitative cosmetic surgeries has increased. When these surgeries are unsuccessful, the results can range from mere disappointment to serious medical complications – up to and including death. Claims stemming from plastic surgery complications are usually related to professional negligence, breach of contract, or lack of informed consent.

Surgical Specialties: General Surgery, Oral Surgery, Maxillofacial Surgery, Pediatric Surgery, Plastic Surgery, Thoracic Surgery, Transplant Surgery, Vascular Surgery, Surgical Nursing, Neurosurgery, Hematology, Rheumatology, Gastroenterology, Dermatology, Pulmonology, Orthopedic Surgery, Urology, Internal Medicine, Biochemical Genetics, Immunology

Case Example: Surgical Nurse Leaves Catheter Behind in Patient’s Pelvis

Several months after a patient had an intrauterine pressure catheter (IUPC) inserted, she began to experience stabbing pain in her pelvic region. An ultrasound and x-ray later revealed that the foreign object was an 11.3–centimeter portion of the IUPC that the surgical team nurse had failed to properly remove. This case required a legal nurse consultant to opine on the standard of care for nurses assisting in surgery.

Sometimes referred to as a forensic nurse, a legal nurse consultant engages in the application of clinical and scientific knowledge to questions of law. Legal nurse consultants participate in client interviews, identify and organize pertinent medical records, evaluate case strengths and weaknesses, identify plaintiffs’ future medical needs and associated costs, and attend independent medical examinations.

In this case, the legal nurse consultant provided critical expert witness testimony regarding the traumatic injury caused by negligent patient care.

Childbirth Errors and Birth Defects

Nearly 20% of all medical malpractice cases are filed against obstetricians, gynecologists, OBGYNs, and maternal fetal medicine physicians. Both a mother and an infant can be victims of medical malpractice during pregnancy or childbirth. There are a few types of childbirth-related medical malpractice claims:

Childbirth Injuries — this includes injuries to the child or mother. There are many fetal injuries that can be caused by an obstetrics or maternal fetal medicine physician’s negligence during childbirth. For the infant, these can include nerve damage, brain injuries, fractured bones, shoulder dystocia, spinal cord injuries, umbilical cord injuries, and cephalohematoma. For the mother, these can include postmortem hemorrhage, unnecessary cesarean section, and more.

Prenatal Negligence — this includes a physician’s failure to recognize critical complications during the patient’s pregnancy. Complications can include ectopic pregnancy, medical conditions or contagious diseases that could affect delivery, the baby’s size, and fetal distress, among others.

Wrongful Birth — this occurs when parents are not made aware of birth defects that would lead them to avoid or terminate the pregnancy.

Wrongful Pregnancy — when an attempted termination fails. This could be a result of an incompetent use of forceps or vacuum extractor.

To successfully litigate a birth injury case, you will need to prove that the damages were directly caused by the physician’s negligence and not previous health conditions or unavoidable circumstances of the pregnancy or birth itself.

Childbirth Specialties: Obstetrics & Gynecology, OBGYN, Maternal-Fetal Medicine, Neonatology, Reproductive Endocrinology, Labor & Delivery Nursing, Obstetrics Nursing, Midwifery

Case Example: Infant Dies After Obstructed Labor And Delivery Complications

A patient diagnosed with gestational diabetes went into labor at 34 weeks gestation. The patient requested Cesarean section delivery, but the nurse ignored the request. During delivery, the baby developed shoulder dystocia and was delivered with a subgaleal hemorrhage. The expert reviewed the patient’s risk profile and discussed the obligations of the obstetrics/gynecology nurse when a patient requests delivery by Cesarean section.

Anesthesia Errors

Anesthesia can interact with the body in unexpected ways. Even a small error by an anesthesiologist can cause a patient permanent injury, brain damage, or death. Mistakes in anesthesia generally happen when an anesthesiologist fails to thoroughly read a patient’s medical history. Anesthesiologist negligence could include prescribing anesthesia that the patient is allergic to, administering too much or too little anesthesia, failing to monitor a patient’s vital signs, using defective equipment, or improperly intubating the patient. Informed consent is also critical in anesthesiology. An anesthesiologist may also be liable for failing to warn patients to properly follow preoperative instructions.

Anesthesia Specialties: Anesthesiology, Certified Registered Nurse Anesthetist (CRNA)

Case Example: Patient With Systemic Complications Dies After Being Cleared For Surgery

An elderly patient with a complicated medical history underwent elective lumbar discectomy for radicular pain. In the hospital, the patient was mistakenly deemed a mild systemic disease risk when his records indicated that he was at severe risk. During surgery, the patient experienced multiple hypotensive episodes and coded. An expert anesthesiologist discusses means of assessing a patient’s preoperative risk before surgery and instances when an anesthesiologist may benefit from additional information supplied by the primary care physician.

Medication Errors

Medication errors, or adverse drug events, account for more than 3.5 million physician office visits and 1 million emergency department visits each year. In an outpatient setting, negligence by the physician or pharmacist can lead to patient errors, as can errors in communication. In an inpatient setting, negligence can stem from the attending physician or hospital nurse responsible for administering the medication, as well as a miscommunication between them.

Failure to properly review a patient’s medical history is often the source of medication errors. These errors can include prescribing the wrong medication or dose, administering the wrong medication or dose, failing to account for potential prescription drug interactions, and failure to warn patients of side effects.

Medication Specialties: Pharmacy/Pharmacist, Pharmacology, Clinical Pharmacology, Pharmacoepidemiology, Psychopharmacology, Pain Medicine Physician, Drug Safety Specialist, Compounding Pharmacy, Neuropharmacology, Pharmaceutical Industry, Pharmacotherapy

Case Example: Pharmacy Mistakenly Administers Rheumatoid Arthritis Medication To Healthy Patient

A postmenopausal patient was prescribed the hormone supplement medroxyprogesterone to prevent overgrowth of her uterine lining. When the patient went to the pharmacy to pick up her medication, she was accidentally dispensed a high dosage of methotrexate, an immunosuppressive used to treat rheumatoid arthritis. This pharmacy error caused methotrexate poisoning, which lead to irreparable kidney damage in the patient. She would eventually require a kidney transplant.

Administrative Errors

Facility administrators manage hospitals, outpatient clinics, hospices, and drug-abuse treatment centers. Administrators ensure facilities operate efficiently and provide adequate medical care to patients. They act as liaisons between medical staff and department heads and coordinate all facility activities.

Administrative errors or malpractice can involve the negligent hiring or supervision of employees, communication errors that affect the outcome of a patient’s treatment course, or failure to follow facility policies established by governing boards.

Administrative Specialties: Hospital Administrator, Department Chief, Medical School Professor, Physicians Assistant, Director of Nursing, Hospice Care Professional, Electronic Health Record (EHR) Administrator

Case Example: Hospital Administration Expert Discusses Failure to Prevent Self-Harm in Patient

A self-injurious autistic patient living in a long-term care facility had been identified as a risk to her own well-being. The facility’s staff was aware of her condition, but there were allegedly no precautions taken to prevent the patient from harming herself. The patient later flung herself down the stairs and suffered a fatal head wound.

A seasoned hospital administrator with years of experience treating patients with intellectual and developmental disabilities was called to review whether the standard of care was adhered to. The expert discussed the necessity of creating effective care plans and behavioral support plans. As per the expert’s assessment, data should be collected and an individualized treatment plan should have been developed for the patient.

2) Personal Injury Claims

Personal injury is an umbrella term that can refer to any injury sustained to the body, mind, or emotions due to an accident caused by the fault of another party.

Traumatic Brain Injury

Cases of life-altering injuries, such as traumatic brain injury (TBI) are common personal injury claims that require medical expertise during the litigation process. According to the CDC, approximately 1.5 million people in the U.S. suffer from a TBI each year, 50,000 people die from TBI each year, and 85,000 people suffer long-term disabilities. The top three causes of TBI are car accidents, firearms, and falls.

When litigating a traumatic brain injury case, experts that may be useful include neurologists and neuropsychologists, who can assess the extent of the patient’s TBI and discuss the cognitive impairments that can occur as a result. Depending on the severity of the injury, a life care planning expert may also be useful in projecting the cost of ongoing care throughout the patient’s life.

TBI Specialties: Neuropsychology, Neurology, Psychology, Clinical Psychology, Behavioral Psychology, Life Care Planning, Vocational Rehabilitation

Case Example: Man Suffers Permanent Neurological Damage From Multi-Car Crash

A plaintiff involved in a car crash hit his head on the windshield of his vehicle, causing a traumatic brain injury. The extent of his neurological injuries prevented him from returning to work, and he remained on disability. Experts in neuropsychology conducted independent medical evaluations of the patient’s cognitive impairments and identified the necessary ongoing treatment methods that the patient would require — including medical treatments, psychotherapy/behavior management, and psycho-education.

Pain and Suffering Evaluations

Certain personal injury claims may require the perspective of a medical expert witness to discuss pain and suffering. These witnesses will most frequently be called to discuss the life-long implications of any injuries sustained by the plaintiff. The two types of pain and suffering include:

Physical Pain and Suffering — bodily injuries sustained as a result of the incident that affect the plaintiff’s quality of life.

Mental/Emotional Pain and Suffering — any emotional trauma that a plaintiff experiences as a result of the incident including emotional distress, PTSD, depression, fear, anger, humiliation, and anxiety, among others.

Pain & Suffering Specialties: Independent Medical Examiner, Psychology, Psychiatry, Pain Management, Sleep Specialists, Physical Therapy, Occupational Therapy, Nursing

Disability Claims & Life Care Planning

Although the majority patients only require medical care for a short time, some patients who have suffered debilitating illnesses or injuries may require round-the-clock care throughout their lives. Permanent disability means more than pain and suffering; it also comes with difficulty finding work and income loss over the course of the victim’s life.

This amount of care often requires a great deal of planning. The two primary experts that victims of permanent disability can consult are life care planners and vocational rehabilitation counselors.

Life Care Planner — a type of case management nurse responsible for creating a care plan for the rest of a patient’s life. Life care planners must be able to understand the necessary treatments for different medical problems while also taking their patients’ wants, needs, and abilities into consideration.

Vocational Rehabilitation Counselor — Vocational rehabilitation counselors assist disabled clients that have experienced career-related difficulties find gainful employment.

Case Example: Life Care Planner Discusses Lifetime Care Requirements for Brain Damaged Infant

A week-old infant was diagnosed with jaundice and admitted for a transfusion but an MRI showed severe brain damage. The child required a lifetime of ongoing care, and was assessed by a life care planner in order to project the expense of this care throughout his life.

Case Example: Vocational Rehabilitation Expert Assesses Damages For Paralyzed Nanny

A slip and fall accident left a nanny permanently paraplegic and unable to find work in her profession. A vocational rehabilitation expert evaluated how the injury would impact the plaintiff’s work-life expectancy, and completed a rehabilitation assessment and assessment of her loss of earnings.

3) Toxic Tort & Workers Compensation Claims

Toxic tort and workers compensation cases involve the detrimental medical effects, and often, wrongful death, as a result of workplace contamination, toxin exposure, mold infestation, environmental pollution, or factory/power plant runoff. In these such litigation matters, toxicologists and epidemiologists can provide critical insight and expertise.

Toxicology is the branch of biology, chemistry, and medicine concerned with the study of the adverse effects of chemicals on living organisms. A toxicologist can use their academic and clinical background to assess the adverse effects of chemical exposure. Epidemiology is the study of diseases in populations of humans or other animals, specifically how, when, and where they occur. An epidemiologist can use statistics to establish and quantify the relationships between risk factors and disease.

Toxic Tort Specialties: Toxicology, Forensic Toxicology, Epidemiology, Pharmacoepidemiology, Environmental Medicine, Emergency Medicine, Microbiology

Case Example: Re: Asbestos Litigation C.A. No.77C-ASB-2

This case called the question of whether plaintiffs in asbestos litigation can reliably establish a medical or scientific link between exposure to so-called automotive friction products and asbestos-related disease — specifically mesothelioma and lung cancer.

One of the defendant companies being sued for an asbestos-related disease challenged the methodology used by one of the plaintiff’s expert witnesses. The plaintiff’s expert, an epidemiologist, concluded that each and every exposure to asbestos was a substantial factor in causing the plaintiff’s disease, saying, “a positive association does exist with respect to exposure to friction products and the development of mesothelioma and, perhaps, asbestosis.” However, the court noted that the case studies the expert was relying on did not mention a control group in order to measure the occurrence of disease. As such, the court barred the expert’s testimony proclaiming that while the plaintiffs “presented a maze of evidence in an attempt to support their experts’ opinions . . . within this maze no recognizable methodology was found.”

This case illustrates the importance of hiring an expert witness who is adequately qualified and experienced. Experts must be able to provide a detailed explanation as to how they arrived at their conclusions and whether such methodology is generally accepted within the scientific community.

4) Criminal & Insanity Defense

A forensic psychologist or psychiatrist might be called as an expert witness to weigh in on pivotal questions in criminal defense cases, such as whether a criminal defendant is legally competent to stand trial or, in extreme instances, receive capital punishment. A psychiatrist expert’s testimony can also be critical in assessing whether a criminal defendant meets the standard necessary to enter an insanity defense.

In addition to evaluating defendants, a forensic psychologist can also highlight the factors that may have contributed to the defendant’s actions and opine on the risk that the defendant will reoffend or still poses a risk to their own well-being. This expert insights can provide sentencing and treatment recommendations to the judge.

Criminal & Insanity Defense Specialties: Psychiatry, Forensic Psychiatry, Psychology, Forensic Psychology,

Case Example: Ford v. Wainwright No. 85-5542

In this landmark case, an inmate who had been sentenced to death for murder appealed to the Supreme Court based on the idea that his mental health had deteriorated so rapidly since he stood for trial that his execution would constitute “cruel and unusual punishment,” prohibited by the Eighth Amendment. 477 U.S. 399 (1986).

Ford’s counsel requested that a psychiatrist who had treated him in the past evaluate his mental state and recommend appropriate treatment. At the conclusion of 14 months of observation and numerous interviews, the defendant’s psychiatrist determined that Ford suffered from severe delusions and schizophrenia. Disregarding the opinion of the expert, Florida’s governor signed a bill for Ford’s execution.

However, the Supreme Court held that “the first deficiency in Florida’s procedure lies in its failure to include the prisoner in the truth-seeking process…psychiatrists disagree widely and frequently on what constitutes mental illness…the fact-finder must resolve differences in opinion within the psychiatric profession on the basis of evidence offered by each party.” Id. at 414. The Court noted that expert evaluation was especially useful after the defendant had stood trial. The expert time to develop his opinion decreasing the chance of an “erroneous decision.”

5) Sexual Assault & Domestic Abuse Claims

Any litigation dealing with sexual abuse or domestic abuse may require a expertise from a number of different medical experts. Depending on the fact pattern of the case and the age or gender of the parties involved, the court may call experts in psychology (behavioral, clinical, etc), child psychiatry, child abuse/neglect, nursing, pediatrics, OBGYN, forensic examination, among others. These types of experts can discuss behaviors such as recantation and delayed reporting. Expert opinions in such cases are especially helpful as sexual-based crimes rarely have eyewitnesses.

Adult Specialties: Clinical Psychology, Psychiatry, Forensic Examiner, Family Nursing, Gender & Sexual Violence Professional, Domestic Violence & Abuse Specialist, Legal Nurse Consultant

Child Specialties: Child Abuse & Neglect Specialist, Pediatrics, Pediatric Nursing, Licensed Clinical Social Worker, Child & Adolescent Psychiatry, Diplomat Child Forensic Interviewer

Case Example: Michael Goddard, Appellant, v. State of Missouri, Respondent, Missouri Court of Appeals, Southern District. (August 10, 2004).

Defendant Michael Goddard challenged the use of expert testimony in his criminal trial for sexual assault. Goddard pled guilty to sexual abuse of a child and was sentenced to four years suspension and probation. Goddard violated his probation by molesting the children of his then-girlfriend and refusing sex offenders’ treatment. Through the use of expert testimony, the court ruled that Goddard was a sexually violent predator and was ordered confined by the Department of Mental Health (DMH).

Expert Witness: The State of Missouri sought the expert opinion of a licensed medical professional, Dr. Rintu Khan. The state sought to use Dr. Khan’s medical expertise in establishing the elements of the Goddard’s mental abnormality. Based on his experience in clinical psychology and actuarial evidence, Dr. Khan testified that Goddard should be deemed a sexually violent predator, claiming that Goddard was, “more likely than not to engage in future predatory acts of sexual violence” if not confined for treatment.

After reviewing the trial court’s evidentiary ruling, the Court held that Khan’s methods were consistent with Daubert.

6) Addiction Evaluation & Care

Addiction care experts are often called upon to evaluate a patient’s status and determine the necessary treatment. They may be involved in constructing a short or long-term care plan or referring the patient to the proper facility or specialist for care.

Addiction malpractice claims can occur for a variety of reasons, including negligent or overprescription of medication, failure to diagnose or treat a high-risk patient, incorrectly evaluating a patient’s condition, and more.

Addiction Specialties: Addiction Medicine, Substance Abuse Professional, Mental Health Administration, Forensic Psychiatry, Alternative Remedies, Psychiatric Nurse, Psychopathology, Psychiatric Nurse

Case Example: Suicide Risk Patient Is Prematurely Discharged From Psychiatric Hospital

A victim of human trafficking with a history of psychosis and multiple suicide attempts was admitted to a hospital after overdosing on antidepressants. The attending physician intended to keep the patient at a psychiatric facility for a minimum of 4 weeks. After one week of treatment, however, the patient was discharged, allegedly showing remarkable improvement. The night the patient arrived home, he hung himself in his bathroom.

An expert forensic psychiatrist reviewed the case files and opined that the patient should have been seen by a psychiatric consultant immediately upon arrival to the hospital. The expert claimed that based on the risk for suicide, this patient should have been recommended psychiatric hospitalization. He claimed that if the patient had refused, the psychiatrist or primary provider should have filed for involuntary commitment for inpatient treatment.

7) Elder Abuse Claims

Elder abuse cases involve any form of physical, emotional, sexual abuse, or neglect at the hands of a nursing home facility or other caretakers. The court will consider three factors when pursuing an elder abuse lawsuit:

Duty of care: Does the law require the facility to meet a certain standard of care?

Breach of duty: Can it be proven that the facility did (or failed to do) something that caused the patient harm?

Suffered harm: Did the patient suffer some form of physical, mental, or financial harm as the result of the abuse or neglect?

Elder Care Specialties: Nursing Home Administration, Hospice Care Professional, Geriatric Medicine, Geriatric Psychology, Gerontology, Dementia and Alzheimer’s Specialist, Long-Term Care Specialist

Case Example: Geriatric Physician Evaluates Fall Risk Prevention Protocol at Assisted Living Facility

An elderly dementia patient a history of frequent falls suffered a fatal fall while in an assisted living facility. Although the patient required round-the-clock supervision, the nurse assigned to the patient left him alone for several minutes after feeding him lunch. In the time that the patient was alone, he wandered down the hallway and fell. An expert geriatric physician was called to discuss what preventive measures should have been taken to mitigate the fall risk for this patient. The expert ultimately called for increased supervision and protective measures for patients that do not have the capacity or judgment to exercise the necessary caution.

8) Prisoner Abuse Claims

According to the Constitution, state prisoners are entitled to healthcare benefits and prisons are obligated to provide their prisoners with adequate medical care. Prisoner abuse claims occur when facility staff refuse or delay a prisoner’s access to medical attention, rely on non-medical factors when making treatment decisions, fail to follow a diagnosing physician’s treatment plan for a patient, use excessive force against sick prisoners, and more.

Prison Care Specialties: Correctional Medicine, Correctional Mental Health Professional

Case Example: Correctional Physician Fails To Diagnose Brain Abscess In Symptomatic Inmate

An incarcerated woman with headaches was seen by a correctional physician and diagnosed with a chronic pain disorder. Within a few weeks, the patient was complaining of severe headaches. She was seen by the same correctional physician who prescribed an over-the-counter anti-inflammatory. The patient continued to complain of debilitating headaches to the correctional nurses every other day but no blood work, cultures, or imaging studies were ever performed. The patient eventually suffered a seizure in her cell and died. It was later discovered that the patient had a large brain abscess.

The chief medical officer of a county sheriff’s department was called as an expert for the case. According to his assessment, if a headache is persistent, further imaging is recommended. A complete workup would include a head CT, lumbar puncture, and labs. The expert concluded that it is out of the scope of nursing staff to make a diagnosis and form a treatment plan without knowledge of a supervising physician.

9) Determining Cause of Death

In cases of wrongful death, homicide, and the unexplained death of a child, a forensic pathologist may be called upon to determine the cause of death. Pathology involves the study and diagnosis of disease through autopsy and gene marker assessments. Pathologists specialize in a wide range of diseases, including cancer.

Cause of Death Specialties: Pathology, Forensic Pathology

Case Example: Forensic Pathologist Reviews Autopsy Of Patient With Chest Abscess

An otherwise healthy woman who suddenly died after being discharged from her local hospital. She was seen by an emergency room physician who requested an EKG and a CXR. Both tests showed no abnormalities, and the patient was discharged with no diagnosis. Two weeks later, the patient collapsed while at work and died.

A board-certified anatomic and forensic pathologist was called to examine the body and determine the cause of death. The autopsy revealed a mediastinal abscess, a bacterial infection in the lung, and fat build-up on the artery walls. According to the expert, the issue of highest importance contributing to the cause of death was the abscess location and the expansion into a disseminated infection.

Selecting A Medical Expert Witnesses

When selecting experts to testify, attorneys must be cognizant of the particular specialty of their medical expert in order to make the strongest case. Medical care almost always involves input from multiple practitioners at different stages of treatment. As a result, litigating medical malpractice cases, or any case with a medical component, may require more than one medical expert witness.

The best medical experts are the ones who can clearly articulate the medical treatment process to a judge and jury without intimidating or confusing them. When first discussing your case with a prospective medical expert witness, ask them pointed questions to gauge how effective of an expert they could be. Make sure to select an expert who breaks down technical jargon and simplifies complex topics. Keep in mind that the success of a medical case often hinges on the expert testimony. That being said, how an expert details errors that may have been committed and conveys their analysis can indicate how successfully they will perform in front of a jury.

This post has been updated as of September 26, 2018.

The post The Medical Expert Witness: A Litigation Guide appeared first on The Expert Institute.

The Medical Expert Witness: A Litigation Guide published first on https://divorcelawyermumbai.tumblr.com/

0 notes

fayeburnsus · 6 years

Text

The Medical Expert Witness: A Litigation Guide

Table of Contents

1 | Medical Malpractice Claims

2 | Personal Injury Claims

3 | Toxic Tort & Workers Compensation Claims

4 | Criminal & Insanity Defense

5 | Sexual Assault & Domestic Abuse Claims

6 | Addiction Evaluations & Care

7 | Elder Abuse Claims

8 | Prisoner Abuse Claims

9 | Determining Cause of Death

1) Medical Malpractice Claims

Misdiagnosis, Delayed Diagnosis, and Failure to Diagnose

Diagnostic Specialties: Primary Care, Family Medicine, Oncology, Cardiology, Pediatrics, Ophthalmology, Hospitalist, Emergency Medicine

Case Example: Rhodes v. U.S., 2013 WL 4780095 (D.D.C. Sept. 9, 2013)

Surgical Errors

Case Example: Surgical Nurse Leaves Catheter Behind in Patient’s Pelvis

In this case, the legal nurse consultant provided critical expert witness testimony regarding the traumatic injury caused by negligent patient care.

Childbirth Errors and Birth Defects

Wrongful Birth — this occurs when parents are not made aware of birth defects that would lead them to avoid or terminate the pregnancy.

Wrongful Pregnancy — when an attempted termination fails. This could be a result of an incompetent use of forceps or vacuum extractor.

Childbirth Specialties: Obstetrics & Gynecology, OBGYN, Maternal-Fetal Medicine, Neonatology, Reproductive Endocrinology, Labor & Delivery Nursing, Obstetrics Nursing, Midwifery

Case Example: Infant Dies After Obstructed Labor And Delivery Complications

Anesthesia Errors

Anesthesia Specialties: Anesthesiology, Certified Registered Nurse Anesthetist (CRNA)

Case Example: Patient With Systemic Complications Dies After Being Cleared For Surgery

Medication Errors

Case Example: Pharmacy Mistakenly Administers Rheumatoid Arthritis Medication To Healthy Patient

Administrative Errors

Case Example: Hospital Administration Expert Discusses Failure to Prevent Self-Harm in Patient

2) Personal Injury Claims

Personal injury is an umbrella term that can refer to any injury sustained to the body, mind, or emotions due to an accident caused by the fault of another party.

Traumatic Brain Injury

TBI Specialties: Neuropsychology, Neurology, Psychology, Clinical Psychology, Behavioral Psychology, Life Care Planning, Vocational Rehabilitation

Case Example: Man Suffers Permanent Neurological Damage From Multi-Car Crash

Pain and Suffering Evaluations

Physical Pain and Suffering — bodily injuries sustained as a result of the incident that affect the plaintiff’s quality of life.

Pain & Suffering Specialties: Independent Medical Examiner, Psychology, Psychiatry, Pain Management, Sleep Specialists, Physical Therapy, Occupational Therapy, Nursing

Disability Claims & Life Care Planning

This amount of care often requires a great deal of planning. The two primary experts that victims of permanent disability can consult are life care planners and vocational rehabilitation counselors.

Vocational Rehabilitation Counselor — Vocational rehabilitation counselors assist disabled clients that have experienced career-related difficulties find gainful employment.

Case Example: Life Care Planner Discusses Lifetime Care Requirements for Brain Damaged Infant

Case Example: Vocational Rehabilitation Expert Assesses Damages For Paralyzed Nanny

3) Toxic Tort & Workers Compensation Claims

Toxic Tort Specialties: Toxicology, Forensic Toxicology, Epidemiology, Pharmacoepidemiology, Environmental Medicine, Emergency Medicine, Microbiology

Case Example: Re: Asbestos Litigation C.A. No.77C-ASB-2

4) Criminal & Insanity Defense

Criminal & Insanity Defense Specialties: Psychiatry, Forensic Psychiatry, Psychology, Forensic Psychology,

Case Example: Ford v. Wainwright No. 85-5542

5) Sexual Assault & Domestic Abuse Claims

Adult Specialties: Clinical Psychology, Psychiatry, Forensic Examiner, Family Nursing, Gender & Sexual Violence Professional, Domestic Violence & Abuse Specialist, Legal Nurse Consultant

Child Specialties: Child Abuse & Neglect Specialist, Pediatrics, Pediatric Nursing, Licensed Clinical Social Worker, Child & Adolescent Psychiatry, Diplomat Child Forensic Interviewer

Case Example: Michael Goddard, Appellant, v. State of Missouri, Respondent, Missouri Court of Appeals, Southern District. (August 10, 2004).

After reviewing the trial court’s evidentiary ruling, the Court held that Khan’s methods were consistent with Daubert.

6) Addiction Evaluation & Care

Addiction Specialties: Addiction Medicine, Substance Abuse Professional, Mental Health Administration, Forensic Psychiatry, Alternative Remedies, Psychiatric Nurse, Psychopathology, Psychiatric Nurse

Case Example: Suicide Risk Patient Is Prematurely Discharged From Psychiatric Hospital

7) Elder Abuse Claims

Duty of care: Does the law require the facility to meet a certain standard of care?

Breach of duty: Can it be proven that the facility did (or failed to do) something that caused the patient harm?

Suffered harm: Did the patient suffer some form of physical, mental, or financial harm as the result of the abuse or neglect?

Elder Care Specialties: Nursing Home Administration, Hospice Care Professional, Geriatric Medicine, Geriatric Psychology, Gerontology, Dementia and Alzheimer’s Specialist, Long-Term Care Specialist

Case Example: Geriatric Physician Evaluates Fall Risk Prevention Protocol at Assisted Living Facility

8) Prisoner Abuse Claims

Prison Care Specialties: Correctional Medicine, Correctional Mental Health Professional

Case Example: Correctional Physician Fails To Diagnose Brain Abscess In Symptomatic Inmate

9) Determining Cause of Death

Cause of Death Specialties: Pathology, Forensic Pathology

Case Example: Forensic Pathologist Reviews Autopsy Of Patient With Chest Abscess

Selecting A Medical Expert Witnesses

This post has been updated as of September 26, 2018.

The post The Medical Expert Witness: A Litigation Guide appeared first on The Expert Institute.

from Legal News And Updates https://www.theexpertinstitute.com/the-medical-expert-witness-a-litigation-guide/

0 notes

legalroll · 6 years

Text

The Medical Expert Witness: A Litigation Guide

Table of Contents

1 | Medical Malpractice Claims

2 | Personal Injury Claims

3 | Toxic Tort & Workers Compensation Claims

4 | Criminal & Insanity Defense

5 | Sexual Assault & Domestic Abuse Claims

6 | Addiction Evaluations & Care

7 | Elder Abuse Claims

8 | Prisoner Abuse Claims

9 | Determining Cause of Death

1) Medical Malpractice Claims

Misdiagnosis, Delayed Diagnosis, and Failure to Diagnose

Diagnostic Specialties: Primary Care, Family Medicine, Oncology, Cardiology, Pediatrics, Ophthalmology, Hospitalist, Emergency Medicine

Case Example: Rhodes v. U.S., 2013 WL 4780095 (D.D.C. Sept. 9, 2013)

Surgical Errors

Case Example: Surgical Nurse Leaves Catheter Behind in Patient’s Pelvis

In this case, the legal nurse consultant provided critical expert witness testimony regarding the traumatic injury caused by negligent patient care.

Childbirth Errors and Birth Defects

Wrongful Birth�� — this occurs when parents are not made aware of birth defects that would lead them to avoid or terminate the pregnancy.

Wrongful Pregnancy — when an attempted termination fails. This could be a result of an incompetent use of forceps or vacuum extractor.

Childbirth Specialties: Obstetrics & Gynecology, OBGYN, Maternal-Fetal Medicine, Neonatology, Reproductive Endocrinology, Labor & Delivery Nursing, Obstetrics Nursing, Midwifery

Case Example: Infant Dies After Obstructed Labor And Delivery Complications

Anesthesia Errors

Anesthesia Specialties: Anesthesiology, Certified Registered Nurse Anesthetist (CRNA)

Case Example: Patient With Systemic Complications Dies After Being Cleared For Surgery

Medication Errors

Case Example: Pharmacy Mistakenly Administers Rheumatoid Arthritis Medication To Healthy Patient

Administrative Errors

Case Example: Hospital Administration Expert Discusses Failure to Prevent Self-Harm in Patient

2) Personal Injury Claims

Personal injury is an umbrella term that can refer to any injury sustained to the body, mind, or emotions due to an accident caused by the fault of another party.

Traumatic Brain Injury

TBI Specialties: Neuropsychology, Neurology, Psychology, Clinical Psychology, Behavioral Psychology, Life Care Planning, Vocational Rehabilitation

Case Example: Man Suffers Permanent Neurological Damage From Multi-Car Crash

Pain and Suffering Evaluations

Physical Pain and Suffering — bodily injuries sustained as a result of the incident that affect the plaintiff’s quality of life.

Pain & Suffering Specialties: Independent Medical Examiner, Psychology, Psychiatry, Pain Management, Sleep Specialists, Physical Therapy, Occupational Therapy, Nursing

Disability Claims & Life Care Planning

This amount of care often requires a great deal of planning. The two primary experts that victims of permanent disability can consult are life care planners and vocational rehabilitation counselors.

Vocational Rehabilitation Counselor — Vocational rehabilitation counselors assist disabled clients that have experienced career-related difficulties find gainful employment.

Case Example: Life Care Planner Discusses Lifetime Care Requirements for Brain Damaged Infant

Case Example: Vocational Rehabilitation Expert Assesses Damages For Paralyzed Nanny

3) Toxic Tort & Workers Compensation Claims

Toxic Tort Specialties: Toxicology, Forensic Toxicology, Epidemiology, Pharmacoepidemiology, Environmental Medicine, Emergency Medicine, Microbiology

Case Example: Re: Asbestos Litigation C.A. No.77C-ASB-2

4) Criminal & Insanity Defense

Criminal & Insanity Defense Specialties: Psychiatry, Forensic Psychiatry, Psychology, Forensic Psychology,

Case Example: Ford v. Wainwright No. 85-5542

5) Sexual Assault & Domestic Abuse Claims

Adult Specialties: Clinical Psychology, Psychiatry, Forensic Examiner, Family Nursing, Gender & Sexual Violence Professional, Domestic Violence & Abuse Specialist, Legal Nurse Consultant

Child Specialties: Child Abuse & Neglect Specialist, Pediatrics, Pediatric Nursing, Licensed Clinical Social Worker, Child & Adolescent Psychiatry, Diplomat Child Forensic Interviewer

Case Example: Michael Goddard, Appellant, v. State of Missouri, Respondent, Missouri Court of Appeals, Southern District. (August 10, 2004).

After reviewing the trial court’s evidentiary ruling, the Court held that Khan’s methods were consistent with Daubert.

6) Addiction Evaluation & Care

Addiction Specialties: Addiction Medicine, Substance Abuse Professional, Mental Health Administration, Forensic Psychiatry, Alternative Remedies, Psychiatric Nurse, Psychopathology, Psychiatric Nurse

Case Example: Suicide Risk Patient Is Prematurely Discharged From Psychiatric Hospital

7) Elder Abuse Claims

Duty of care: Does the law require the facility to meet a certain standard of care?

Breach of duty: Can it be proven that the facility did (or failed to do) something that caused the patient harm?

Suffered harm: Did the patient suffer some form of physical, mental, or financial harm as the result of the abuse or neglect?

Elder Care Specialties: Nursing Home Administration, Hospice Care Professional, Geriatric Medicine, Geriatric Psychology, Gerontology, Dementia and Alzheimer’s Specialist, Long-Term Care Specialist

Case Example: Geriatric Physician Evaluates Fall Risk Prevention Protocol at Assisted Living Facility

8) Prisoner Abuse Claims

Prison Care Specialties: Correctional Medicine, Correctional Mental Health Professional

Case Example: Correctional Physician Fails To Diagnose Brain Abscess In Symptomatic Inmate

9) Determining Cause of Death

Cause of Death Specialties: Pathology, Forensic Pathology

Case Example: Forensic Pathologist Reviews Autopsy Of Patient With Chest Abscess

Selecting A Medical Expert Witnesses

This post has been updated as of September 26, 2018.

The post The Medical Expert Witness: A Litigation Guide appeared first on The Expert Institute.

The Medical Expert Witness: A Litigation Guide published first on https://medium.com/@SanAntonioAttorney

0 notes

duaneodavila · 6 years

Text

Schools Have Rules: Pig Party

What to do when a gay, bi-racial 17-year-old girl offers to portray in class a fictional corrupt cop in a play and refers to the character as “pig”? Throw a federal civil rights action.

Sometimes the best move is to let something go. Kids will be kids, as the saying go. Thing is, kids may also be litigants, especially if you think your school administration position grants you the power to violate students’ rights.

The mother of the 17-year-old girl filed the federal lawsuit this past February against the Hackettstown School District; teacher Kathleen Matlack; assistant principal Kevin O’Leary; and Jennifer Spukes, a Harassment, Intimidation, and Bullying specialist at the high school.

The suit contends the girl was discriminated against and her constitutional rights violated as the district accused the girl of bullying and then issued a one day in-school suspension while she attended the school in the 2016-2017 school year.

That’s the tidied-up summary of the lawsuit, as composed by Lehigh Valley Live, which covered the case but couldn’t be bothered to post the judge’s ruling. So, here’s the missing paperwork [PDF] and we’ll get into the story behind this via the details contained in the federal judge’s order.

Tim Cushing performs yeoman’s service at Techdirt, making sense of the ridiculously convoluted sequence of events leading to this train wreck of a scenario. But after you’ve finished reading Tim’s entire post, as you should, let’s focus on one, and only one, aspect of this god-forsaken mess: the inane belief that the vicissitudes of human experience can be socially engineered into oblivion.

Where do you even start? The bullshit “bullying” accusation? Well, the lawsuit states the student supposedly offended by this wasn’t even in the room when the “pig” comment was made. K.C. apologized for referring to a fictional cop character as a “pig,” even though there was no reason for her to do so.

From there, it’s just an embarrassment of richly embarrassing — if not downright insulting — conversational tactics by a bunch of disciplinarians who apparently felt compelled to straighten out a gay, multiracial student by [checks notes] using the words “nigger” and “fag” in an entirely abhorrent analogy that presumes “cop” is a race or sexual orientation.

In an earlier, more liberal time, it was not merely possible, but likely, that a teacher would reply to the student’s use of the word “pig” to refer to a cop by saying, “how about we don’t call him that,” and move on. But that completely reasonable way of addressing a petty problem, if it’s a problem at all, would be a problem in its own right today.

Not only are the expectations of feelings, embodied by the fact that the school had its very own “Harassment, Intimidation, and Bullying specialist” on staff, putting the putative grownups in an untenable position of having to do something, lest they be legitimately accused of ignoring, or complicity, in whatever perceived evil of the moment prevails.

There was, reportedly, a student in the class whose father was a police officer. That student, it appears, wasn’t present when the P-word was uttered, but the student might have been offended had the student been present. Indeed, merely learning of its utterance second hand might have been sufficient to give rise to permanent trauma, if enough adjectives were applied. And despite the student’s absence, what of the complicity of the students present who could not simply sit there and allow a student to say such horrifying words.

But there was a teacher in the room, and there are rules, mandatory reporting rules, about such matters, which is what the Harassment, Intimidation, and Bullying specialist spends her day addressing, lest she be forced to find a real job.

It’s not that there aren’t arguments, repeated with extreme passion whenever some oldster fails to grasp that “words are violence” and that the most pragmatic way of dealing with anything that strikes a reasonable person as inappropriate fails to protect the little darlings’ sensitivities.

There were plenty of opportunities to handle this non-issue in a way that would have eliminated the possibility of a civil rights lawsuit. Anything from “doing nothing” to “doing anything but what was done” would have sufficed. But it sounds like these administrators have something against minorities and people who don’t automatically assume cops are saints. And that might cost them in the long run.

Are the administrators to blame? Of course, but then, what are they to do when faced with the plethora of rules, the specter of social condemnation, the irrational and conflicting demands of the parents, the students and their respective mobs? None of this excuses what they actually did, the absolutely insane words and analogies drawn which defy any explanation whatsoever. But even if they were more circumspect, and less outrageously offensive, would there still not be a party to be offended?

It’s unlikely the word “pig” appears on any woke list of hate speech words, absent a particular concern for the welfare of actual swine. Yet, the definition of words that are forbidden would include it, since it certainly has the capacity to offend. What word doesn’t, given the right person under the right circumstances? And who can blame admins for recognizing that the duty to intervene as proxy for the potentially offended has been drilled into the malleable minds of youth? The scenario, having been created, dictates that offense must be presumed and offense must be addressed. It’s the rules.

There is no way to win the battle of socially engineered Utopia, but there are a wealth of ways to lose. Here, the crash was spectacular, a failure of fabulous proportions. But as Tim says, the best solution ranged from “do nothing” to a mild admonition to be nice. These are no longer options in our zeal to achieve a perfectly inoffensive world.

Schools Have Rules: Pig Party republished via Simple Justice

0 notes

legalseat · 6 years

Text

The Medical Expert Witness: A Litigation Guide

Table of Contents

1 | Medical Malpractice Claims

2 | Personal Injury Claims

3 | Toxic Tort & Workers Compensation Claims

4 | Criminal & Insanity Defense

5 | Sexual Assault & Domestic Abuse Claims

6 | Addiction Evaluations & Care

7 | Elder Abuse Claims

8 | Prisoner Abuse Claims

9 | Determining Cause of Death

1) Medical Malpractice Claims

Misdiagnosis, Delayed Diagnosis, and Failure to Diagnose

Diagnostic Specialties: Primary Care, Family Medicine, Oncology, Cardiology, Pediatrics, Ophthalmology, Hospitalist, Emergency Medicine

Case Example: Rhodes v. U.S., 2013 WL 4780095 (D.D.C. Sept. 9, 2013)

Surgical Errors

Case Example: Surgical Nurse Leaves Catheter Behind in Patient’s Pelvis

In this case, the legal nurse consultant provided critical expert witness testimony regarding the traumatic injury caused by negligent patient care.

Childbirth Errors and Birth Defects

Wrongful Birth — this occurs when parents are not made aware of birth defects that would lead them to avoid or terminate the pregnancy.

Wrongful Pregnancy — when an attempted termination fails. This could be a result of an incompetent use of forceps or vacuum extractor.

Childbirth Specialties: Obstetrics & Gynecology, OBGYN, Maternal-Fetal Medicine, Neonatology, Reproductive Endocrinology, Labor & Delivery Nursing, Obstetrics Nursing, Midwifery

Case Example: Infant Dies After Obstructed Labor And Delivery Complications

Anesthesia Errors

Anesthesia Specialties: Anesthesiology, Certified Registered Nurse Anesthetist (CRNA)

Case Example: Patient With Systemic Complications Dies After Being Cleared For Surgery

Medication Errors

Case Example: Pharmacy Mistakenly Administers Rheumatoid Arthritis Medication To Healthy Patient

Administrative Errors

Case Example: Hospital Administration Expert Discusses Failure to Prevent Self-Harm in Patient

2) Personal Injury Claims

Personal injury is an umbrella term that can refer to any injury sustained to the body, mind, or emotions due to an accident caused by the fault of another party.

Traumatic Brain Injury

TBI Specialties: Neuropsychology, Neurology, Psychology, Clinical Psychology, Behavioral Psychology, Life Care Planning, Vocational Rehabilitation

Case Example: Man Suffers Permanent Neurological Damage From Multi-Car Crash

Pain and Suffering Evaluations

Physical Pain and Suffering — bodily injuries sustained as a result of the incident that affect the plaintiff’s quality of life.

Pain & Suffering Specialties: Independent Medical Examiner, Psychology, Psychiatry, Pain Management, Sleep Specialists, Physical Therapy, Occupational Therapy, Nursing

Disability Claims & Life Care Planning

This amount of care often requires a great deal of planning. The two primary experts that victims of permanent disability can consult are life care planners and vocational rehabilitation counselors.

Vocational Rehabilitation Counselor — Vocational rehabilitation counselors assist disabled clients that have experienced career-related difficulties find gainful employment.

Case Example: Life Care Planner Discusses Lifetime Care Requirements for Brain Damaged Infant

Case Example: Vocational Rehabilitation Expert Assesses Damages For Paralyzed Nanny

3) Toxic Tort & Workers Compensation Claims

Toxic Tort Specialties: Toxicology, Forensic Toxicology, Epidemiology, Pharmacoepidemiology, Environmental Medicine, Emergency Medicine, Microbiology

Case Example: Re: Asbestos Litigation C.A. No.77C-ASB-2

4) Criminal & Insanity Defense

Criminal & Insanity Defense Specialties: Psychiatry, Forensic Psychiatry, Psychology, Forensic Psychology,

Case Example: Ford v. Wainwright No. 85-5542

5) Sexual Assault & Domestic Abuse Claims

Adult Specialties: Clinical Psychology, Psychiatry, Forensic Examiner, Family Nursing, Gender & Sexual Violence Professional, Domestic Violence & Abuse Specialist, Legal Nurse Consultant

Child Specialties: Child Abuse & Neglect Specialist, Pediatrics, Pediatric Nursing, Licensed Clinical Social Worker, Child & Adolescent Psychiatry, Diplomat Child Forensic Interviewer

Case Example: Michael Goddard, Appellant, v. State of Missouri, Respondent, Missouri Court of Appeals, Southern District. (August 10, 2004).

After reviewing the trial court’s evidentiary ruling, the Court held that Khan’s methods were consistent with Daubert.

6) Addiction Evaluation & Care

Addiction Specialties: Addiction Medicine, Substance Abuse Professional, Mental Health Administration, Forensic Psychiatry, Alternative Remedies, Psychiatric Nurse, Psychopathology, Psychiatric Nurse

Case Example: Suicide Risk Patient Is Prematurely Discharged From Psychiatric Hospital

7) Elder Abuse Claims

Duty of care: Does the law require the facility to meet a certain standard of care?

Breach of duty: Can it be proven that the facility did (or failed to do) something that caused the patient harm?

Suffered harm: Did the patient suffer some form of physical, mental, or financial harm as the result of the abuse or neglect?

Elder Care Specialties: Nursing Home Administration, Hospice Care Professional, Geriatric Medicine, Geriatric Psychology, Gerontology, Dementia and Alzheimer’s Specialist, Long-Term Care Specialist

Case Example: Geriatric Physician Evaluates Fall Risk Prevention Protocol at Assisted Living Facility

8) Prisoner Abuse Claims

Prison Care Specialties: Correctional Medicine, Correctional Mental Health Professional

Case Example: Correctional Physician Fails To Diagnose Brain Abscess In Symptomatic Inmate

9) Determining Cause of Death

Cause of Death Specialties: Pathology, Forensic Pathology

Case Example: Forensic Pathologist Reviews Autopsy Of Patient With Chest Abscess

Selecting A Medical Expert Witnesses

This post has been updated as of September 26, 2018.

The post The Medical Expert Witness: A Litigation Guide appeared first on The Expert Institute.

The Medical Expert Witness: A Litigation Guide published first on https://divorcelawyermumbai.tumblr.com/

0 notes

legalseat · 6 years

Text

The Medical Expert Witness: A Litigation Guide

Table of Contents

1 | Medical Malpractice Claims

2 | Personal Injury Claims

3 | Toxic Tort & Workers Compensation Claims

4 | Criminal & Insanity Defense

5 | Sexual Assault & Domestic Abuse Claims

6 | Addiction Evaluations & Care

7 | Elder Abuse Claims

8 | Prisoner Abuse Claims

9 | Determining Cause of Death

1) Medical Malpractice Claims

Misdiagnosis, Delayed Diagnosis, and Failure to Diagnose

Diagnostic Specialties: Primary Care, Family Medicine, Oncology, Cardiology, Pediatrics, Ophthalmology, Hospitalist, Emergency Medicine

Case Example: Rhodes v. U.S., 2013 WL 4780095 (D.D.C. Sept. 9, 2013)

Surgical Errors

Case Example: Surgical Nurse Leaves Catheter Behind in Patient’s Pelvis

In this case, the legal nurse consultant provided critical expert witness testimony regarding the traumatic injury caused by negligent patient care.

Childbirth Errors and Birth Defects

Wrongful Birth — this occurs when parents are not made aware of birth defects that would lead them to avoid or terminate the pregnancy.

Wrongful Pregnancy — when an attempted termination fails. This could be a result of an incompetent use of forceps or vacuum extractor.

Childbirth Specialties: Obstetrics & Gynecology, OBGYN, Maternal-Fetal Medicine, Neonatology, Reproductive Endocrinology, Labor & Delivery Nursing, Obstetrics Nursing, Midwifery

Case Example: Infant Dies After Obstructed Labor And Delivery Complications

Anesthesia Errors

Anesthesia Specialties: Anesthesiology, Certified Registered Nurse Anesthetist (CRNA)

Case Example: Patient With Systemic Complications Dies After Being Cleared For Surgery

Medication Errors

Case Example: Pharmacy Mistakenly Administers Rheumatoid Arthritis Medication To Healthy Patient

Administrative Errors

Case Example: Hospital Administration Expert Discusses Failure to Prevent Self-Harm in Patient

2) Personal Injury Claims

Personal injury is an umbrella term that can refer to any injury sustained to the body, mind, or emotions due to an accident caused by the fault of another party.

Traumatic Brain Injury

TBI Specialties: Neuropsychology, Neurology, Psychology, Clinical Psychology, Behavioral Psychology, Life Care Planning, Vocational Rehabilitation

Case Example: Man Suffers Permanent Neurological Damage From Multi-Car Crash

Pain and Suffering Evaluations

Physical Pain and Suffering — bodily injuries sustained as a result of the incident that affect the plaintiff’s quality of life.

Pain & Suffering Specialties: Independent Medical Examiner, Psychology, Psychiatry, Pain Management, Sleep Specialists, Physical Therapy, Occupational Therapy, Nursing

Disability Claims & Life Care Planning

This amount of care often requires a great deal of planning. The two primary experts that victims of permanent disability can consult are life care planners and vocational rehabilitation counselors.

Vocational Rehabilitation Counselor — Vocational rehabilitation counselors assist disabled clients that have experienced career-related difficulties find gainful employment.

Case Example: Life Care Planner Discusses Lifetime Care Requirements for Brain Damaged Infant

Case Example: Vocational Rehabilitation Expert Assesses Damages For Paralyzed Nanny

3) Toxic Tort & Workers Compensation Claims

Toxic Tort Specialties: Toxicology, Forensic Toxicology, Epidemiology, Pharmacoepidemiology, Environmental Medicine, Emergency Medicine, Microbiology

Case Example: Re: Asbestos Litigation C.A. No.77C-ASB-2

4) Criminal & Insanity Defense

Criminal & Insanity Defense Specialties: Psychiatry, Forensic Psychiatry, Psychology, Forensic Psychology,

Case Example: Ford v. Wainwright No. 85-5542

5) Sexual Assault & Domestic Abuse Claims

Adult Specialties: Clinical Psychology, Psychiatry, Forensic Examiner, Family Nursing, Gender & Sexual Violence Professional, Domestic Violence & Abuse Specialist, Legal Nurse Consultant

Child Specialties: Child Abuse & Neglect Specialist, Pediatrics, Pediatric Nursing, Licensed Clinical Social Worker, Child & Adolescent Psychiatry, Diplomat Child Forensic Interviewer

Case Example: Michael Goddard, Appellant, v. State of Missouri, Respondent, Missouri Court of Appeals, Southern District. (August 10, 2004).

After reviewing the trial court’s evidentiary ruling, the Court held that Khan’s methods were consistent with Daubert.

6) Addiction Evaluation & Care

Addiction Specialties: Addiction Medicine, Substance Abuse Professional, Mental Health Administration, Forensic Psychiatry, Alternative Remedies, Psychiatric Nurse, Psychopathology, Psychiatric Nurse

Case Example: Suicide Risk Patient Is Prematurely Discharged From Psychiatric Hospital

7) Elder Abuse Claims

Duty of care: Does the law require the facility to meet a certain standard of care?

Breach of duty: Can it be proven that the facility did (or failed to do) something that caused the patient harm?

Suffered harm: Did the patient suffer some form of physical, mental, or financial harm as the result of the abuse or neglect?

Elder Care Specialties: Nursing Home Administration, Hospice Care Professional, Geriatric Medicine, Geriatric Psychology, Gerontology, Dementia and Alzheimer’s Specialist, Long-Term Care Specialist

Case Example: Geriatric Physician Evaluates Fall Risk Prevention Protocol at Assisted Living Facility

8) Prisoner Abuse Claims

Prison Care Specialties: Correctional Medicine, Correctional Mental Health Professional

Case Example: Correctional Physician Fails To Diagnose Brain Abscess In Symptomatic Inmate

9) Determining Cause of Death

Cause of Death Specialties: Pathology, Forensic Pathology

Case Example: Forensic Pathologist Reviews Autopsy Of Patient With Chest Abscess

Selecting A Medical Expert Witnesses

This post has been updated as of September 26, 2018.

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