Medical Expert Witness 

Swallowing Disorders / Dysphagia Expert Witness

 

SwallowStudy & Associates, LLC: Leaders in Medical Speech-Language Pathology

At SwallowStudy & Associates, LLC, we provide dysphagia expert witness services specializing in medical speech-language pathology (i.e., medical SLP). Specifically, our SLPs are board certified specialists in swallowing and swallowing disorders (dysphagia). We are highly qualified to assist in both defense and plaintiff cases, involving choking (airway blockage or asphyxiation), swallowing disorders, airway protection, vocal cord/laryngeal issues, aspiration, aspiration pneumonia, and related complications.

We support attorneys, families, judges, and juries by explaining the standard of care, best practices, anatomy/physiology, technical nuances, and evidence derived from comprehensive medical record reviews and depositions.

Medical Expert Witness and throat expert Karen Sheffler working at a computer

Our Expert Witness Approach

Comprehensive Testimony in Medical Malpractice

Our expert witness services address critical questions in medical malpractice cases. We evaluate:

Standard of Care

What would a reasonable, prudent, and competent speech-language pathologist do in a similar situation and setting?

Evaluation & Treatment Protocols

Were appropriate assessments, treatments, documentation, and communication efforts made to mitigate risks such as aspiration and choking?

Causal Links

While we cannot opine directly on causation, we can outline key factors surrounding the event(s) in question. Did substandard care directly contribute to negative outcomes, such as suspected choking events, health decline, or even death?

Our Experts Increase Understanding

  • We provide clear, concise opinions and conclusions—drawn to a high degree of medical speech pathology certainty—that help the court understand complex clinical issues.
  • We delineate details while holding the big picture and key points in view.
  • We explain complex health and dysphagia issues—such as factors that increase risks for aspiration, aspiration pneumonia, and choking—in understandable terms for judges, juries, and attorneys.

Clear, Detailed Analysis

Our team excels in summarizing the key points of a case. We offer detailed timelines and reports that highlight:

  • The standard diagnostic and treatment processes for swallowing disorders.
  • Technical issues specific to dysphagia screening, evaluation, and management.
  • Critical evidence from medical records and expert depositions that inform fair litigation outcomes.

Meet Our Experts

Swallow disorder expert Karen Sheffler

Karen Sheffler, MS, CCC-SLP, BCS-S

Founder/Owner of Swallowstudy.com & SwallowStudy & Associates, LLC

Extensive Clinical Experience

Began her career as a certified medical speech-language pathologist in 1996.

Worked in diverse settings: home health, sub-acute skilled nursing facilities, long-term care, rehabilitation centers, and in small community hospitals to large city teaching hospitals, specializing in the videofluoroscopic swallow study (aka, modified barium swallow study) since 1999.

Advocacy, Education & Mentorship

Founded SwallowStudy.com in 2014 to provide open access to thorough evidence-based content and resources.

Trains speech-language pathologists in one-on-one through webinar settings, ensuring clinicians are well-prepared.

Leads and collaborates in national and international organizations that seek to advance the science of dysphagia, improve the skill level, and support implementation of standardized practices.

Board Certification & Advanced Training

Board-certified as a Specialist in Swallowing and Swallowing Disorders since 2012.

Recipient of 10 ASHA ACE awards for exceeding continuing education requirements.

Expert Witness & Litigation Support since 2016

Over 55 expert witness cases supporting both defense and plaintiff litigation.

Known for thorough review of medical records and detailed expert reports, as well as clear and persuasive testimony.

 

George Barnes, MS, CCC-SLP, BCS-S

George Barnes, MS, CCC-SLP, BCS-S

Innovative Dysphagia Specialist & Dysphagia Expert Witness Associate since 2023

Solid Clinical Experience

Began his career as a certified medical speech-language pathologist in 2013.

Works in rehabilitation and acute care, performing instrumental swallowing evaluations, training colleagues, and collaborating in interdisciplinary teams for weaning people off feeding tubes and tracheostomy tubes/ventilator support.

Pioneering Leadership in Mobile SLP Services

Founder and CEO of a mobile SLP company serving New York, New Jersey, and Pennsylvania.

Provides innovative mobile endoscopic swallowing tests for accessible, high-quality care in diverse clinical settings.

Board Certification & Advanced Training

Achieved Board Certification as a Specialist in Swallowing and Swallowing Disorders in 2022.
Recipient of 7 ASHA ACE awards for exceeding continuing education requirements.

Education, Mentorship & Research

Actively engaged in research and academic endeavors, authoring articles for ASHA and other reputable platforms.

Regularly shares expertise through seminars and webinars.

Our Services & Support

Expert Witness Services

Litigation & Deposition Support

Assistance with discovery requests and expert testimony.

Forensic Analysis

Evaluation of medical records and deposition evidence to determine if care met accepted professional standards

Case Strategy

Helping counsel, judges, and juries understand the complexities of a case with our comprehensive dysphagia expertise.

Comprehensive Dysphagia Expertise

  • Normal swallowing and anatomy / physiology of the full aerodigestive tract, vocal cord and laryngeal function, vocal cords, and airway protection
  • Assessment and treatment of oropharyngeal and pharyngoesophageal dysphagia with Bedside Swallow Evaluation, Videofluoroscopic Swallow Study (aka, Modified Barium Swallow Study), Fiberoptic Endoscopic Evaluation of Swallowing (aka, FEES)
  • Choking, asphyxiation, hypoxia, anoxia, leading to intubation and/or death
  • Medical complexity and geriatrics
  • Nursing swallow screening (aka, dysphagia screen)
  • Eating and swallowing issues and safety concerns from diseases, disorders, structural changes, cognitive decline, delirium, behavioral issues, impulsivity, and iatrogenic factors (e.g., intensive care, intubation, medications that cause trouble swallowing)
  • Exploring when and why the aspiration occurred to a reasonable degree of certainty. For example, prandial aspiration, which occurs during a meal versus post-prandial aspiration, which occurs after a meal from reflux or regurgitation.
  • Aspiration precautions, reflux precautions, and safer swallowing strategies with levels of supervision
  • Diet modifications or diet texture modifications (aka, dysphagia diets) and thickened liquids
  • Use of compensatory strategies versus rehabilitative approaches to dysphagia management
  • Making appropriate referrals
  • Communicating/training person, caregivers & medical team
  • Complex decision-making around alternative nutrition/hydration (e.g, feeding tubes)

Additional Advanced Expertise

  • End-of-life decision-making, quality of life, person-centered care, and comprehensive care planning across the continuum from curative through palliative care
  • Post-stroke dysphagia management
  • Intensive care and medical complexity
  • Older adults/geriatrics
  • Acute and progressive neurological conditions (e.g., stroke, Parkinson’s Disease, Dementia, Multiple Sclerosis, and more)
  • Head and neck cancer
  • Instrumental examinations (e.g., videofluoroscopic swallow study, aka modified barium swallow study; fiberoptic endoscopic evaluation of swallowing/FEES)
  • Aspiration pneumonia prevention or risk mitigation
  • Choking risk mitigation
  • Oral infection control (aka, oral hygiene or oral care protocols)
  • International Dysphagia Diet Standardisation Initiative (IDDSI.org)

Frequently Asked Questions (FAQ)

What is a Medical Expert Witness in Speech-Language Pathology?

A medical expert witness in this field is a highly qualified medical Speech-Language Pathologist (SLP) with advanced expertise in diagnosing and treating swallowing disorders (dysphagia) and related issues across settings (i.e., healthcare facilities through home settings).

The expert witness provides expert opinion, reports, and testimony in litigation by explaining best practices and clinical standards in the screening, evaluation, and treatment of swallowing and swallowing disorders (dysphagia). It is important to note that swallowing function cannot be viewed in isolation. Safe and efficient oral intake is closely tied with other aspects within the scope of practice of a speech-language pathologist, such as: cognitive abilities, behavioral and mental health issues, voice disorders, speech-language difficulties. 

Other titles are: dysphagia expert witness, speech pathology expert witness, medical speech-language pathology expert witness.

What is Dysphagia, and Why Is It Important in Litigation?

Dysphagia refers to difficulties in swallowing across the oral (mouth), pharyngeal (throat), and esophageal phases, which can lead to serious complications such as aspiration pneumonia, choking, and other adverse outcomes.

Often, prevention of these negative outcomes requires adequate screening, testing, therapy, communication, care planning, and determining the level of assistance and/or supervision required to keep the person safer in all eating and drinking situations. We say “safer,” as one cannot expect that all interventions will be the safest options to prevent negative sequelae 100% of the time. In litigation, it is critical to understand whether the care provided was reasonable and met the appropriate standards to mitigate risks.

What Types of Cases Do You Handle?

Our services cover a broad spectrum of cases involving swallowing disorders, including medical malpractice claims, personal injury cases, and disputes over the standard of care in dysphagia evaluation and treatment. We support both defense and plaintiff cases.

How Do You Evaluate the Standard of Care?

We review the diagnostic and treatment practices in the medical record, comparing them against the accepted practices of competent, reasonably prudent speech-language pathologists. Our evaluation includes a detailed analysis of medical records, documentation, depositions, and the communications among healthcare providers.

We review these records first to determine if we can accept the case. We know it is important to initially form our expert opinions regarding the standard of care prior to reviewing any summary documents created by the plaintiff or defense lawyers.

What Type of Diagnoses and Conditions do You Work With?

We cover a wide variety, but to name a few: Neurological events, disorders & diseases (e.g., stroke, dementia/Alzheimer’s Disease, Parkinson’s Disease, etc.); delirium; post-extubation dysphagia; medication-induced dysphagia; radiation-associated dysphagia; sarcopenia; iatrogenic factors (i.e., those cause from the intensive care, intubation, medications, and more).

Often, cases involve multifactorial and complex medical issues, and we specialize in helping the law team and laypeople understand these factors.

In What Location or Setting was the Care Performed for Your Cases?

The individuals were often in group homes, skilled nursing facilities, rehabilitation centers, and acute care hospitals at the time of the event.

Our dysphagia expert witnesses can assist a case even when a speech-language pathologist was not directly involved at that facility.

What Qualifications Do Your Experts Have?

Karen Sheffler has been practicing clinically since 1996 and has been board-certified in swallowing and swallowing disorders (BCS-S) since 2012. She has extensive expert witness experience since 2016.

George Barnes started training with Ms. Sheffler as an expert witness associate in 2023. He has been board-certified since 2022 and brings a strong background in dysphagia evaluation, management, and clinical research.

How Can Your Expert Witness Services Help My Case?

Our experts help by offering clear, evidence-based opinions that simplify complex medical issues for juries, judges, and attorneys. We are thorough and very prompt, offering one-on-one meetings to discuss the case.

We then provide comprehensive reports and testimony that clarify the standard of care, evaluate the effectiveness and appropriateness of the evaluations and treatment provided, and determine if any deviations led to negative outcomes.

How Do I Get Started?

If you require expert testimony or consultation regarding swallowing disorders, please Contact Us to discuss your case. Our team is ready to provide the support and clarity needed for your litigation process.

More Services Offered by Karen Sheffler and SwallowStudy & Associates

Stay up to date in the dysphagia field. Read, comment, and ask questions on my latest collection of blogs.

Learn More

Medical Blog Writing

With her world leading expertise and witty humor, Karen will enrich your next conference, lecture and training series or webinar.

Learn More

Webinar & Training

Expert-opinion on dysphagia products for industry & collaboration with organizations.

Learn More

Industry & Organization Support

Ready to Discuss Your Case?

If you need a dysphagia expert witness (aka, expert medical witness services in speech-language pathology and dysphagia), please Contact Us today. Our experienced team is ready to support your litigation needs and help clarify the complexities of medical care in swallowing disorders.