It Happens, Things Go Wrong. Need Help with a MedMal case?

Reading Time: 5 minutes

[Original post date: March 29, 2018] Time for a health update blog, a personal one, difficult to write with a mix of questions and a couple stories about medical practice and procedures. The point is my attorney reader, I want you to think about me as a forensic rehabilitation consultant, and how I can help you help your client who is involved in a medical malpractice lawsuit!

Randy’s heart took a detour late last summer, 2017 when the ticker was running really fast.  Randy doesn’t participate in races (I’m the competitive one!), but his heart sure was! He does however donate blood on a regular basis. In fact, he was donating early on a Saturday morning (he’s donated 14 gallons according to the sticker on our front door!) when the nurse at the blood center told Randy she thought his pulse was “strange.” His precious blood was still drawn (double reds)!  

Randy is a popular Type A- donor.  

Questioning here ??? Should the nurse have continued with the blood draw knowing the pulse was “strange?” Well, she did! Luckily, no harm done. When Randy got home (rode his bike at what speed I don’t know! to/from his blood donation date which is common cuz he’s an avid biker!), I took his pulse and in fact, it truly was “not right”.

A couple days later, he had a doctor appointment (I scheduled it out of wifely concern); and sure enough, we got tachycardia…going 144 bpm. This means a cardiologist is needed. BTW, thank you to the nurse at the blood center for catching this.

Following an array of testing, diagnostic procedures, and preparations, he received an ablation early November 2017. Thank God it worked! Randy’s back down to a regular beating heart and a normal pulse (his BP was never a concern.)

His cardiologist did an excellent job and Randy was back riding his bike in a short period of time. He wasn’t happy to be told not to ride! In fact, I know he disobeyed his doctor’s orders one day.

We expect our doctor to always be right. We expect our nurse to always be right. We expect all our health care providers to always be right. We in fact, expect our bodies’ to become “right” whenever we receive treatment in the medical field.

But things can go wrong and a patient can become injured during the course of treatment. That’s why we have attorneys to help, right!?! And yes of course we expect our attorney to always be right, too!

“Dr. NeverWrong”, the cardiologist who performed the ablation on my husband’s heart has this nickname! Charlie the RN, one of Randy’excellent nurses while hospitalized told me of this nickname and the fact that the cardiologist has a fan base (being only one of few docs in town we were told who performs ablations).  Because the doctor was humble, gracious, and ever so respectful, I’m sure he would not want to be called  Dr. NeverWrong! Can you guess who I’m referring to? What? Attorneys don’t guess! 

Okay, now on to me. Recently, I was involved in a medical situation which could be worthy of a claim. How do you help your clients decide whether to file a claim? If there’s been harm done? Here’s the abbreviated personal story. 

Image result for patient gown cartoonWhen preparing for a mammogram last October 2017 (sitting quietly in a heated gown!) and waiting for the machine set up, I informed the technician of an unusual skin issue I was experiencing thinking it was poison ivy. I’ve had my share of poison ivy issues, even a four day hospitalization for a severe case in the past (contacted through an outdoor camp fire.) Watch out when you burn wood, my reaction was horrible. Anyway, the technician dismissed my concern and we went ahead with the mammogram.

To not go into detail  uggh ; [   I ended up with a severe skin condition I believe was spread by the mammography machine.  Let it be known I truly love big machines, (especially cranes), yet this large machine is not one of my favorites following what I experienced.

I was absolutely miserable and the condition lasted too long. I ended up going to the ER once on a Sunday and urgent care twice during the weeks that followed. I made these visits because I couldn’t stand the physical and emotional toil…and my doctor’s office wasn’t open at the time of my needs!  Not until I went back to my personal MD to finally get the correct diagnosis and a prescription did I begin to feel a little better.  

Image result for skin cartoonBut the prescription did NOT help and in fact the condition worsened. I literally had to just wait this one out and deal over time with the largest organ in my system: the skin. I was so distraught I even sought mental health care. I’m okay now, thank you! Whew!

I didn’t file a claim, should’ve/could’ve I? The time, energy, money and definitely my mental health was compromised and consumed in a fashion that I certainly didn’t choose. The only time I have filed a legal claim was when my parents sued the railroad for their negligence leading to my car/train collision and subsequent injuries, hospitalization and rehabilitation (there’s much to this personal story).I think the key into what makes or doesn’t make a person seek a lawyer when they think they’ve been wronged has to do with respect (or lack of) by a medical provider. Of course, everyone makes mistakes. But negligence, followed by covering up issues and not telling the truth is where the wrongs and not the rights come in to play.  That’s not where I come in just yet, that’s where you, the attorney is on the field. I enter the game by sorting out what the plaintiff needs and the costs of those needs.

If you need a life care plan for a client who has filed a medical malpractice claim, please contact me.  Following a needs assessment and subsequent life care plan, my recommendations are grounded in rehabilitation. I’m not saying I’m always right myself.  But I will tell you I care and I will do what I can do to help you help your client.

Please don’t contact me if you will act more like the red devil lawyer on the left. Sorry, I’m not interested in helping. However, if you are a good attorney like the white angel on the right who truly cares about your clients, contact me! I’m here to help!

___________________

My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

 

 

Need A Good Report? Rebut No Matter What!

Reading Time: 5 minutes

I was taught that vocational report writing is a very powerful form of communication and can influence the degree of success for the individual for whom it was written.  I love to communicate through the written word and have written many, many, reports! Blog posts too!

So this blog is to be sure you, my Attorney Reader, know I’m here to help critique and/or rebut a report that may cross your desk.  Image result for report

How many people do you know who really love to write reports? I do! It’s not that the report writing process is easy, it’s a challenge!!

Let me ask: Have you ever read (or tried to decipher) a vocational report that doesn’t make sense?  Is the report ambiguous and difficult to read? Does the person it was written for understand it? Do you understand it? Is it possible the report can be defended? Or should the report be ripped apart, piece by piece to get to its’ nuts and bolts? Need a critique or a rebuttal? I’m here to help!

Rebut No Matter What! 

Bull

This was my husband Randy’s Grandpa Cliff Yearington’s Bull. Cliff knew a lot about Bulls & Bulls*** too. 

Loosen, take apart and re-assemble that poorly prepared report. Will it fall apart or simple wobble on? A poorly prepared report stresses difficulties but doesn’t offer much information about solutions. It talks about weaknesses rather than strengths; deficits and negatives rather than pluses and positives. It seeks to make threats rather than suggest changes. It uses multiple words, unclear statistics, and a slick method to confuse rather than clarify.KeepitSimple

Simply, it’s not helpful to write an entire vocational report about how bad off the person is, especially without mentioning plans to help make a positive impact on the individual’s life.

I love to comb through reports and make all attempts to uncover what the contents say to the reader.  Just because it’s a report doesn’t mean it doesn’t have to make sense! A report still needs to flow, tell a story, describe details and make valid and reasonable conclusions.

Here’s a sentence commonly found in reports from the same vocational person that I’ve been asked to rebut. [Keep in mind this long line comes after results of testing are provided within the report, but they are not explained at all!]

It is important to note that the purpose of all vocational testing done and reported here is to compare an individual’s current performance with their past performance as documented by their education, training, experience, and the standard worker trait factors associated with that history.

Say what? What does this run-on sentence mean?  The writer is using testing to compare performance? Did the evaluee’s past performance have anything to do with the testing administered? Did this person take the same tests throughout their work history? And then the paragraph continues…

 It is NOT correct to confuse an individual’s current test performance with performance in work prior to injury, as current performance is likely affected by the sequelae of disability.

Okay, now who is confused? The test taker? The person administering the test? I’ll tell you who….the reader!Related image The reader is easily confused by a poorly prepared report! 

Don’t be a confused reader! It’ll get you nowhere!

My initial question regarding this vocational report scenario, maybe helping to avoid confusion from the get go, is WHY were EACH of the specific testing instruments administered at all to this specific person? What is the rationalization for administration? The vocational person who wrote the report does not come close to answering these questions. To be ethically sound, administer testing only with a direct and relative reason to do so. 

I’ve written a professional report about my opinion on ethics and use of testing in vocational evaluations. Please contact me for a copy of the report. If you are my contact on LinkedIn, you’ll find it there readily available for now.

The underlying use of testing results to try to prove a person is permanently and totally disabled raises many ethical questions. Would you want that for yourself?

A test, really, a series of tests that I was forced to take, I didn’t understand, and simply put I didn’t want to take…those results determine my fate? Absolutely ridiculous! Results of testing are meant to assist a person for true and valid reasons…..not to paint a picture of “post injury residual vocational potential”

Image result for testing cartoon

Would you like to take ~ 10 tests in a single sitting?  Heck, No!

Without testing, evaluation is merely speculative

Really now? I’ve helped to place literally hundreds of people without administering testing! And many other placement people do too! If you understand the persons skills and match them with jobs in the local labor market, there’s a match!

Yes, of course I use certain standardized tests and self-assessments to help people when it is appropriate for reasons directly related to their placement goals, but that isn’t all I use during a vocational evaluation! I gather knowledge and assess many other areas involving work, interests, skills, aptitudes and lifestyle to help. I do not rely on only the use of test results!

Back to report writing, which is a very specialized skill; and I continuously study, practice and improve upon my own writing skills. As a professional writer, I never stop training! I think I gained natural talent from my Grandpa Jack, a journalist!

Image result for writing

When I’m writing, I get very absorbed! My office cat will testify to that!

Again, do you need a critique or a rebuttal? I’m Your Person to Help!

If your opinion on a case doesn’t mesh at all with the report on your desk, please contact me to help sort out the discrepancies. Keep in mind, I know opinions are just that, opinions.  And reports are meant to answer questions, not raise more!

I also want you to keep in mind that if you believe in the truth, there’s a way to show it. Contact me for expert testimony and witness services, too! Oh, and I definitely can rebut a life care plan (especially if it doesn’t make a lot of sense to you!).

Contact me at 515-778-0634 to discuss your case and how I can help!

 ___________________

My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

Employment Discrimination and Help With a Litigation Fix!

Reading Time: 4 minutes

As a vocational expert, I can help sort out the consequences of employment discrimination cases in many ways and from “both sides of the fence”.  To me, this phrase means I will be fully instrumental to help serve your client without falling off and hurting the case because I have a full grasp of what I’m on to. To accomplish this goal, I balance your case with your client’s story and use all my instincts and brain power…kinda like a cat!

Black Cat on FenceCats’ tails are instrumental in balance!

Cats’ tails serve as a counterbalance when cats walk on narrow spaces, such as fences. However, one of my felines from long ago, (Max 1987 – 2002) was a Manx, henceforth no tail but he was well able to manage cat life with his strong body shape in every way! I asked my vet, and yes, even cats with amputated tails have proven to re-learn how to balance.

Employment discrimination cases need plenty of proof and evidence. Loss of salary, loss of benefits, and lengthy unemployment can be quantified pretty easily. Other qualitative issues are more difficult to assert. For example, if there is a claim the loss of job adversely impacts income and questions surface regarding economic realities, I can help with educating the individual on how to engage in a meaningful and productive job search, or I can assess the extent, quality, and reasonableness of a current job search. It is important to keep employer attitudes towards hiring an individual terminated from previous employment in mind.

Further, I can help to determine the impact on earning potential and perform a beneficial vocational assessment and evaluation that provides data, and offers qualitative detail such as, for example ~

  • results of a labor market survey providing local job availability along with wages and benefits associated with those jobs
  • qualifications for a variety of  jobs in a person’s labor market
  • vocational training options following the discrimination or termination

Image result for meow

I can also help uncover whether or not a good cause for termination of employment existed. That’s why documenting real time employer and/or employee comments proves helpful to sort out the nuances of the case. I’ll take a deep look at a behavior or situation that any reasonable person agrees would or would not warrant discharge. I can help determine the ramifications of ~

  • Attendance
  • Dishonesty
  • Endangerment of health and safety*
  • Illegal conduct
  • Insubordination
  • Personality/attitude problems
  • Poor interaction with subordinates
  • Work performance and productivity
  • Violation of work policies and rules

*If disability is involved in the case, under the employment provisions of the Americans with Disabilities Act (Title I of the ADA), I can assess for qualifications, physical demands and work-related attributes; and identify reasonable accommodation(s). Keep in mind, I believe that for every disability there is some form of assistive technology to allow continued employment. Most times there is more than one way to do a job!

If necessary, I can provide expert testimony to help prove the loss of job was or was not accountable, understandable, or reasonable. Do you have a case where I might help? Give me a call and let’s talk! I hope you’ll find our conversation interesting (I can give you a couple recent case examples). And if you like cats, let me know why, really! And if you don’t like ‘em, I really want to know why!

DudeCats have other unique advantages besides their beloved / not so loved personalities.

If falling (which doesn’t happen much based on my own personal cat ownership research) a cat’s head twists to inform the brain exactly how to restore alignment in a millisecond and a perfect landing is guaranteed!

16 Claws

If a cat falls from a porous surface, 18 hooked claws do their work in an instant!

Do I have you more interested in cats or my work as a vocational expert!?!

Felix Feeling Loving 5-30-2010

Felix (2002 – 2015)

I very much miss my Felix. As mostly a cool outdoor cafe’ kitty, you were quite a lover! Felix shared his feline life with me through many a fix (both his and mine) over the years.  Keep me, Amy Botkin (and Felix with his secret bag of tricks) in mind to help in dubious or even in basic situations involving employment discrimination. I definitely can help your case through a litigation fix! 

Thank you for reading my blog post!

Vocational Resources Plus, LLC * 515-778-0634  * amyebotkin@lcpresourcesplus.com

___________________

 My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

Rights of the Expert Witness ~ I’ll Take a Veggie Slice, Please

Reading Time: 3 minutes

Rights of the Expert Witness

expert

I continually assess and evaluate (there I go again!) my rights, values, professionalism, and of course ethics (which I really enjoy!?!) and am hopeful to write more on these topics and my career in the field of forensic rehabilitation consulting.

As far as rights, I found this great listing online (website is referred to below), and yes I added the graphics! I agree with the following essential considerations for taking on the role of expert witness:

  1. I have the right to be paid for my work.  Dream of Getting Paid
  2. I have the right to be prepped in advance of my testimony.
  3. I have the right to ask questions about the case.
  4. I have the right to work for either side, without fear of retribution.
  5. I have the right to change my opinion from previous testimony, as long as my opinion is evolving (based on new information, science and/or experience) rather than revolving (based on which side I’m working for). 
  6. I have the right to say “I don’t know”, if in fact, I don’t know. Just because I’m the expert doesn’t mean I have all the answers. I am clearly okay to say “I’m sorry, that’s outside my scope of practice”.
  7. I have the right to solicit objective feedback about my testimony from  the attorney who has called (and of course, they have the right to  decline to give it).
  8. I have the right to set limits with counsel about the scope of my testimony. 
  9. I have the right to disagree with another expert’s practices or  conclusions, even when I perceive that expert to be: a.) more educated;  b.) more famous; or c.) more experienced. 
  10. I have the right to disregard the initial instinct to view opposing counsel’s expert as the enemy, but instead recognize everyone’s role in the process and share pizza and a bottle of wine with that expert after trial is over.

Pizza

 Truly, it’s all good work!

I am glad my career continually evolves! I accept responsibility when providing forensic services to be clear, truthful and comprehensive in my evaluation and report products, and in my role as an expert witness. Thank you for reading!

Please contact me Amy Botkin for more information ~ 515-778-0634 or amyebotkin@lcpresourcesplus.com

I’ll take a veggie slice and a glass of Chardonnay please. You?

Source for Rights: http://www.forensichealth.com/2011/07/13/10-things-the-fho-expert-witness-bill-of-rights/

___________________

 My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

Here to Help The Passionate Attorney Help Your Client ~ Life Care Planning Services

Reading Time: 4 minutes

Along with vocational consulting services, I offer you life care planning services. Life Care Planning Services are valuable to passionate attorneys such as yourself: One who works to your fullest potential for your clients; One who truly cares about your client; and One who strives to maximize the best outcome for your client.

A Life Care Plan will help you help you help your client.

cartoon lawyer  Are You a Passionate Attorney?  Image result for woman attorney cartoon

Comprehensive Life Care Planning Services focus on the individual who sustained a personal or catastrophic injury, has a congenital disease or acquired illness, or suffered a traumatic event that altered his or her life leaving them with a disabling condition. The individual and his or her family is in need of planning how to live with these ongoing life changes.

Image result for passionate attorney cartoon   Are You a Passionate Attorney? Image result for group of attorneys cartoon

A Life Care Plan outlines an individualized holistic program that documents your client’s specific healthcare needs and a projection of what it costs for that care over their lifetime. An economist reviews the plan to determine the present value of the costs.

Even more, a Life Care Plan  helps prevent medical complications, enhances community and society participation, considers quality of life issues, and assists in maintaining emotional and psychological health. 

The person’s life now has important healthcare needs and significant costs are associated with those needs. How can you, the person’s caring and passionate attorney prove this, or show this to others, and why would you need to do so?

A Life Care Plan is helpful in many ways, here are three,

  1. to facilitate decision making relating to the individual’s health care, long-term care, and special needs; and perceive the related costs;
  2. to identify and obtain good care in the individual’s community, whether at home, an assisted living facility, or, if necessary, a nursing home; and perceive the related costs;
  3. to help move the litigation process forward, and ultimately to settle or win a case justifiably at the highest level possible using real data!

A Life Care Plan involves a systematic process (I do that part!) of developing a “road map” of the care, goods and services the person will need to ensure optimal health, safety and life satisfaction. A plan also highlights what it is the person will need to restore or improve their life activities to their maximum potential.

Keep in mind that while most Life Care Plans are developed for people who have suffered a traumatic injury, Life Care Plans are increasingly used for older adults with chronic conditions to anticipate their health and financial needs in later years. Do you have a client in this elite category? If so, be prepared for more future that focuses on healthy living! (Hint: Get a Life Care Plan!)

Image result for quality of life

The standard definition of a Life Care Plan is a “dynamic document based upon published standards of practice, comprehensive assessment, data analysis and research, which provides an organized, concise plan for current and future needs with associated costs for individuals who have experienced catastrophic injury or have chronic health care needs. (IALCP – International Academy of Life Care Planners, 2003. Definition established during the 2000 Life Care Planning Summit.)

Please visit Dr. Deutsch’s webpage for much more information on Life Care Planning. Dr. Deutsch was on my training team!


Above is my most recent CRC Certificate and below is my most recent CLCP  Certificate

I am a Certified Rehabilitation Counselor (CRC) and a Certified Life Care Planner (CLCP).  As a professional in rehabilitation, I am able to develop a plan using  advanced knowledge of specific disabilities, established treatment care resources, and a consistent objective approach toward the practical and functional elements involved in providing the treatment of catastrophic injuries and diseases. 

Communication and negotiation skills are essential (so true) while working with patients, families, caregivers and treatment teams. Keep on perusing my website, which is mainly a relationship building blog, and read my writings. I’d be happy if you would truly consider how Life Care Planning Services will help you help your clients.

Contact me ~ Amy Botkin, MS, CRC, CLCP ~ at 515-778-0634 or by email at amyebotkin@lcpresourcesplus.com  so we can start discussing your case.

I’m here to help you help your client!

___________________

 My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

Working on a Litigated Case Involving Work & Disability? A Job Analysis Can Help!

Reading Time: 3 minutes

Are you working on a litigated case involving work and disability? If so, I believe a job analysis can help you and your client, and in many ways!  A job analysis involves the process of gathering and recording objective data about a specific job.  

Image result for data

Capturing what the job is all about helps to evaluate what an employee does, why the work is done, how the work is done, results of the work, the skills, knowledge, and abilities required to perform the work, and the context in which the work fits into the organizational structure.

And, as an analyzing kinda person, I’ll find direct connections to ways of the trade, and possibly record direct comments from incumbents or a worker who knows what’s going on!

JA

A Job Analysis is helpful in many ways. Plus they’re fun to perform!

A complete analysis involves visiting the job site to witness the job being performed and interviewing supervisors and employees  about the accuracy of existing job descriptions. (And that’s a story in itself!) It sure can be an interesting tour and communication experience! 

For me to find out what actually takes place on a pertinent day to day basis (without being there obviously because I have my own job to do), consulting with management and incumbents of the job along with digital video recording (right!), if helpful, allows for a critical analysis of the parameters of performance at a work place, including common physical demands of duties of a job. And trust me, a video can produce some humor too when’s it’s needed  at work! 

Image result for humor job

Once the job analysis describing the critical duties of the job, an evaluation of the work environment is completed, and a report written is prepared and presented, there, hopefully will be a greater understanding of the essential functions of the job. And to each person the job can be functionally different. Right yes, so it just depends on how one goes about doing it!

JA Matrix

This understanding allows me as a vocational expert to make recommendations for reasonable accommodations and to testify to the efforts of the employer to provide reasonable accommodations.

Need help with a litigated case involving disability and work?

I help with plaintiff/claimant and defense cases! I am not one sided

Contact me, Amy E. Botkin, to discuss your client’s claim.

Vocational Resources Plus, LLC * lcpresourcesplus.com * 515-778-0634  * amyebotkin@lcpresourcesplus.com

___________________

My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

Randy and His Perpetual Flip Off! Need an Expert on Your Case Involving Work & Disability?

Reading Time: 3 minutes

The evening before my dad’s funeral in May 2016, my husband Randy walked our dog Bella.  Holding his cell phone in one hand while talking to my mother about his part in the service, the other hand held the leash. Bella’s a big Aussie girl, weighing in around 60 pounds;

and from what I hear, a huge raccoon made an appearance near a sewer opening down the street just as they were walking by. This appearance led Bella to lurch towards the coon…pulling hard on the fingers grasped around the leash, and breaking husband’s finger in the process. Ouch.

Early the next morning, we had to hit the road to make the trip to Iowa Falls and, well, experience what would transpire during my father’s service…and beyond in this world for those of us who loved him and enjoyed his company.  

Here’s one of my favorite photos of my dad!

Randy never saw a doctor for his finger injury. I wish he would’ve though. I performed my version of physical therapy and Healing Touch on him, but to this day…well, Randy has a broken middle finger that sticks up in such a way it resembles the image below!

Get my drift?

The funeral service was nice, and my mom did a great job choosing the readings and what to sing! Randy read the first reading, my sister Julie the second and Father Tony the Gospel, of course! I was a communion minister for dad’s friends!

Many of dad’s church friends were involved in the Mass Mass and he would’ve loved that! In fact, one of his buddies told me my dad was like a brother to him. At that moment, my heart grew stronger knowing my dad was very special to another person. Clearly, that was God’s presence, and one of many experiences I feel during life!

One good thing was my dad was cremated, so no handling of a heavy casket with a broken finger!  Afterwards, we had a nice lunch that my dad would’ve enjoyed as well. Love You Dad!

So, to this day, Randy’s finger exhibits a perpetual flip off! Pretty cool huh?  When certain people, like a friend he hasn’t seen in a while, questions why he’s flipping them off, instead of going into detail, he just says “I dunno”.  Just recently, he came home from his job and remarked one of his fellow teachers wanted to know why he flipped her off.  He smiled and replied ~

 dunno!

A great memory from October of 2016 was of Randy driving into and out of the parking area of the Kansas City Chief’s Arrowhead stadium pre-and post game (they won!).  Soo many people, staffers, and cops too! Well, they all got the flip off! But, no one noticed, which to me made it quite comical! 

It’s a “I do know” factual concept for me to tap into emotional intelligence when I’m being deposed or testifying (I believe it’s okay to flip someone off under a table or in your mind as a form of mental exercise!!). So contact me, my Attorney Reader, if you need an expert and I’ll offer my complete time and attention  as an consultant and an educator for your case.

Keep me in mind as I also offer consulting services to help attorneys come up with good questions to help you prepare for a deposition and/or cross examination in a courtroom on cases involving work and disability.

I’m Here to Help You Help Your Client!

The best way to contact me is by email at  amyebotkin@lcpresourcesplus.com

___________________

 My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

 

Happy 20th Anniversary Vocational Resources Plus! Time to Stop and Smell The Roses!

Reading Time: 4 minutes

Over the years, I’ve received many a rose and enjoy taking pictures of my favorites.  My plan was to find 20 single rose pictures to celebrate the beginning of 20 years in business, which officially is September of 2019, but it became too much work to go through so many photos!

Instead, I changed my mind and decided to come close with my count and not worry about the math, especially when at this time it’s time to

Stop and Smell the Roses!

and be satisfied with my efforts because I gave it my all at this time, as I always do for my work! You too? I’ll bet you do (even though I’m not into betting)! Enjoy the photos that follow and read on!

Tiny Orange Rose
Orange Rose
Beautiful Rose yes

 

 

Ohhhhh!    

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

All beautiful, yes, I agree! Go ahead and vote on your favorite. I wish you could scratch and sniff each to also let know your thoughts on which you believe smells the best! 

And to be totally honest, the next rose picture was not taken by me!  Incredible, isn’t it…would’ve you guessed this was a find (on an internet search) or actually taken by me? I’ve received blue roses in the past, and my pictures are just too blurry…even when editing. My disclaimer explains

I’ve named this beauty Ghost Rose!

Just to summarize this “author special” post, what’s important to point out is my business has developed for over 19 years. Because my work is important it needs to be clear, simple and pass the “smell test”. 

At times, if an answer to a question or a report on a particular individual or issue is not “perfect”, a decision of what to do next can be unnecessarily stressful. My “best bet” is giving my cases my full attention, and be satisfied with the fact that I put forth my best effort. I’m okay with that with other professionals.

That’s worth, in my opinion, every dollar paid for all the roses Randy’s hand  delivered to me over the years! Hey you reader, wouldn’t it be nice to have some rose beauties of your own, or to hand deliver to a great friend? Make a valuable  impression! One last link regarding my forensic services, fyi.

Contact me 515-778-0634 or amyebotkin@lcpresourcesplus.com to discuss your case and how I help attorneys help clients. Thank you for reading my blog. I appreciate the time and the attention!

___________________

 My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

 

 

Emotional Intelligence and Expert Testimony…Stay in the Ship!

Reading Time: 3 minutes

I want to touch a bit more on emotional intelligence from a previous blog on the subject of EQ. Basically, emotional intelligence is the ability to perceive emotions in yourself and sense the emotional needs in others. I study this interpersonal skill and certainly am not an emotional master, but I constantly challenge myself to control any “miffed” (annoying) emotions that are connected to stressful situations.

Miffed?  Mad? Upset? Irritated?  Jittery?  Soft?  Antsy?  Optimistic?  All the Above?!?!

For example, when I’ve been on the witness stand in court (serving as an expert in my field of vocational rehabilitation), I’ve experienced verbal assaults on my work, my credentials, and even my vocation (don’t even go there buddy…), by the opposing attorney. This of course is stressful!

However, because I know myself well and have thee highest regard for what I do for a living, I am able to calmly turn mean and rude statements into mush (metaphorically in my mind where it matters!) You’d be surprised how effective a concerned look and a calm statement or simple facial expression saying, “I hope you realize how that sounded” can be.

 

Mush you say??? Yuck. Get Out of Here. No Way Would I Ever Eat That.

Seriously though, emotions can turn into enemies if they get in your way during certain times in your life (like on the witness stand!). I like to think of emotions as waves. A storm has rushed in, the winds are fierce, and the lake is churning up white caps. THESE ARE THE EMOTIONS – the things that get us disturbed, all riled up and self-absorbed.  We liked the calm…

Emotional waves get in your way!

Now think, the storm will blow over and the lake will calm down. During the slowdown of the storm, the waves are just big, and in fact can be quite beautiful. THESE ARE YOUR THOUGHTS – and now you connect with the outside world….and to other people easily.

Calm those waves down!

Now think of a peaceful lake.  Become aware of your own feelings and realize, hey ~ this is what makes me special, my stuff really is helpful and I am good at stilling the waves. Calm yourself down right when the lake’s current does too. Now there is no distinction between yourself and the environment. You become a part of it. Everything clicks. The world is safe….and you are alive! (yet potentially still on that witness stand!)

“I know that I know that I know!”

Understanding the effects of wind, waves and currents is not an easy subject to master. Waves (humans who may be intent on verbal attacks) behave differently under a large variety of different conditions.

So to be familiar with all, or at least rough water conditions, a professional seaman (or how about an expert witness such as myself?!), uses knowledge and skills to confidently control the ship through to the calm following the storm. That’s what it takes to be a good expert witness. I’m here to help you help your client. 

In another blog, I continue with another element of emotional intelligence ~ EI ~ stay in the ship!

___________________

My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

Intimidators: Tailgaters, Drunken Jerks or Glaring Attorneys? Need an Expert? I’m Here to Help!

Reading Time: 3 minutes

Remember the last time someone tried to intimidate you? How about when a person (for example, that careless tailgater or the drunk in the same beer line as you) may think they can make another person do something or react in some way? Exceed the posted speed limit ~ NOPE! Pay attention to public intoxication ~ NOT INTERESTED! or say something to the drunken jerk ~ NO WAY!uckr cup

Go ahead be one, I don’t care! 

During cross examination in the past, I’ve received a pretty mean looking facial expression/glaring eyes/stare down/stern voice/condescending attitude and a critical tone to the long litany of questions arising from the mouth of an attorney on a workers’ compensation court case. I knew this attorney was trying hard to intimidate me. Go ahead, try!

But, I answered all questions calmly. P.S. ~ I love it when the attorney can’t even remember what was asked and has to refer to the court reporter! I stuck to my guns (aka: my knowledge base) during my testimony, and talked about what I knew about.  I knew what I knew.

mmI know, bring it on!

I’ve never been intimidated much by people (places, things or even animals either for that matter). Okay, okay, I am intimidated by Mother Nature, a force to be feared, and treated with utmost respect e specially when she zoome a mesocyclone or other tornado-like activity my way.  I’ll never forget the evergreen tree in my front yard crash down on the car in my neighbor’s driveway during a mesocyclone many summers ago. The storm was in full fury just as I was peeling away in our minivan to get my two youngest children who were about 1/2 mile away at a park for a daycamp.

Image result for cyclone cartoonI have always been able to speak my mind (ask anyone who knows me) and yes it’s gotten me in a pickle or two from time to time (just like my dad!). I try to express what’s on my mind being mindful of who I’m communicating with, the content of my speech/body language, and the context of how/when my message is delivered.  In other words, I’m not the type of person who “blows up” or “blabs” and I definitely don’t overshare!  

I do tend to speed up my talking and need to watch that so I don’t sound nervous, however that is a natural consequence of my hard wired fight and flight response! I read the “butterflies in your stomach” occur as blood from digestive system is redirected. (So I try to eat healthy before a court date!) 

PeacockThere is truly a difference between a cocky person and a confident person!

When on the witness stand, my role is to explain what I did on a case so the judge understands; and ultimately educate the jury on why what I did was important to the case.  I accept confidence with the work I do. My role  allows me to serve as an expert witness & educator all while consulting within the scope of my practice. I keep a placement, rehabilitation, and quality of life orientation at the forefront of any topic. 

Every day, I learn more about how to help others.  My Attorney Reader, please know I am here to help you help your client.  Give me a call and brief me on your case involving work and disability (or just work, or just disability), whatever it may be I’m interested to hear about it! 

___________________

My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.