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[Dysphagia] "The Forensic Aspects of Dysphagia"



I have served as expert witness and it was essential to have an objective
swallowing study completed =the MBS is the gold standard.


> From: <sorriso@adelphia.net>
> Date: Sun, 12 Feb 2006 16:58:47 -0500
> To: dysphagia listserv <dysphagia@b9.com>
> Cc: <eripley@yahoo.com>
> Subject: [Dysphagia] "The Forensic Aspects of Dysphagia"
> 
> The ASHA Leader of February 7, 2006 contained the above-referenced article.  I
> would like to discuss the quote, "Neglecting to conduct an instrumental
> evaluation of the swallow in cases of suspected dysphagia is analogous to
> refusing to X-ray a leg for suspect fractures" (Tanner, 2003, p. 86--that's it
> for the note, I can't find the full reference in the text).  The author states
> that "juries rely on visual evidence of swallowing disorders as opposed to
> bedside evaluation clinical 'assumptions'."  (Quotes around "assumptions" are
> mine.)
> 
> Quoting the biography at the end of the article, the author is Dennis C.
> Tanner, "professor of health sciences in the Speech-Language Sciences and
> Technology Program at Northern Arizona University in Flagstaff.  He has served
> as an expert witness in several cases involving dysphagia malpractice."
> 
> Irene, as our resident expert witness on the list, and others who may have
> also been similarly involved, do you find the above quote to be true?
> 
> The article does discuss the need for good clinical documentation but seems to
> place emphasis on the MBS/VFSS (i.e. "Do the records show that you
> recommended, in a timely and clear manner, a video swallow study" and that if
> the study showed aspiration or the potential for aspiration "did your
> treatment contribute to the patient suffering negative dysphagia management
> outcomes," "did you recommend follow-up video swallow studies to confirm the
> results of the treatment?") in order to validate any dysphagia treatment.
> 
> Thank you,
> Linda A. Zanchi MA CCC-SLP
> 
> 
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