These free initial zoom video consultations are to help determine if we can provide the proper expert witnessing services for you. The odds are that if it’s restraint-related litigation we will be the best option for these services. We can also assist in cases that are not restraint-related such as educational due process hearings, failure to provide competent behavioral services (behavioral malpractice), and staff/teacher injury due to unsafe work conditions (no crisis management training, no or poor behavioral interventions).
When involved in cases early enough, Dr. Winston can assist attorneys prior to deposition by writing critical interrogatories. With a thorough working knowledge of the kinds of errors made when using restraints with vulnerable populations, he can craft questions that will reveal deficiencies in a number of areas. These areas include but are not limited to, staff training and management, emergency behavioral protocols, facility policies/procedures, and staff knowledge of crisis management and behavior change procedures.
Depending on their experience, some attorneys may not know exactly what kinds of products to ask for and may end up waiting for unnecessary product delivery or they may end up wading through unnecessary documentation. We can help your legal team focus on the kinds of documents that would be most relevant to the case, saving both time and money.
Dr. Winston has over 18 years of experience as an expert witness and has provided numerous depositions. He is also highly skilled at carefully, politely answering questions without getting flustered, sarcastic or defensive, while remaining factual and unwavering in his opinions. It's true that Dr. Winston's trademark is sarcasm, but that's for presentations. Courtroom demeanor is factual/polite/helpful/educational. Always.
Dr. Winston has jury trial experience, and his public speaking background allows him to translate complex concepts confidently and clearly into friendly, easy-to-understand laymen's terms. He then reinforces the jury's understanding of these concepts using everyday examples. Dr. Winston doesn't simply testify about the facts, he uses these facts to both educate and inform juries.
Reviews and summaries are kept as short as possible providing only the information necessary to support the opinion. Additional information can always be given at deposition as Dr. Winston is quite comfortable with impromptu follow-up questions. Digital copies of all documents are highly preferred as it makes document management/note-taking far easier. Dr. Winston's opinions cover areas such as appropriateness of staff training, criteria for restraint use, appropriateness of the form of restraint, and competence in the provision of behavioral services.
Part of what we do is to help educate all attorneys we work with so that they may more skillfully prosecute/defend all cases involving restraint/seclusion and the delivery of behavioral services. Attorneys who better understand the issues can more easily weed out frivolous cases and sharply focus on those with true merit. One of our goals is to help attorneys use the power of the law to make restraint safer for all individuals.
Dr. Winston has experience working with counsel representing defendants, typically schools/facilities/organizations (40%) as well as lawyers representing plaintiffs, typically parents, guardians or advocates (60%). Most of Dr. Winston's cases have involved the inappropriate and/or dangerous use of manual (physical holding) restraint. Cases have included fatalities as well as severe injury (broken bones). For these reasons, Dr. Winston is highly experienced in selecting and synthesizing the relevant information from coroner's reports, law-enforcement, medical records, and incident/injury reports. Other cases involved no physical injuries but instead the complaint contained charges of clinical traumatization as a direct result of restraint. Other cases involved charges of civil rights violations resulting from too many instances of restraint/seclusion, typically as a direct result of poor clinical treatment. Dr. Winston has also provided expert testimony in due process cases in special education.
Dr. Winston served as the senior behavior analyst for a large residential facility for adults with special needs for 10 years and shortly thereafter was the director of program development for an international crisis management organization (PCMA) for over 20 years. He has worked in private family homes, group homes, large state-run residential facilities, secured facilities and has consulted in schools and classrooms nation-wide. Dr. Winston has not only assisted in the design and modification of restraint procedures, but he has also used and taught those same procedures to others. His unique work experiences and knowledge of a variety of populations and settings give him the perspective needed to greatly increase the chances of positive outcomes for your clients.