Expert Witness Services

Forensic Speech-Language Pathology for Complex Cases

Erica Thomas, M.S., CCC-SLP | Forensic Speech-Language Pathologist

Licensed in AZ, CA, CO, FL, NM, NY, PA, VA, and WA

Communication, cognition, and swallowing can become important evidence in a case long before anyone recognizes them as such.

I provide independent speech-language pathology expertise to attorneys and legal teams handling traumatic brain injury, dysphagia and aspiration, cognitive-communication impairment, medical malpractice, nursing home care, personal injury, and capacity matters. My role is to make the clinical evidence understandable, defensible, and relevant to the question being litigated.

I don't advocate. I clarify.

Request a Case Consultation → | (410) 929-6401

When the Clinical Record Is More Complicated Than the Diagnosis

A diagnosis does not automatically establish functional impairment. A therapy note does not automatically establish causation. An aspiration event does not automatically establish why it occurred. And a normal CT or MRI does not necessarily answer questions about communication or cognitive-communication function.

My work focuses on what the clinical record actually demonstrates, how the evidence fits together, where documentation is inconsistent, and what conclusions can reasonably be drawn within the scope of speech-language pathology.

Experience & Qualifications

10+ years of clinical speech-language pathology experience across acute care, inpatient and outpatient rehabilitation, skilled nursing, schools, early intervention, telehealth, government contracts, and private practice
Deposition/trial testimony history
M.S., Communication Sciences and Disorders, Emerson College
Certificate of Clinical Competence (CCC-SLP), ASHA
Speak OUT!® Certified Clinician
Dysphagia and MBSS experience
Cognitive-communication assessment experience
Clinical supervision experience
$1M/$3M professional liability coverage
AANLCP article

I am a speech-language pathologist, not a physician. My opinions are limited to the areas within my professional education, training, experience, and scope of practice.

Services

Medical Record Review

I conduct focused and comprehensive reviews of medical, rehabilitation, nursing, therapy, and other relevant records, including:

Speech-language pathology evaluations and treatment notes
Cognitive and communication testing
Dysphagia evaluations and MBSS/VFSS documentation
Nursing documentation, physician records, and care plans
Dietary and supervision orders
Incident reports
Hospital and rehabilitation records
Functional documentation and prior medical history
Deposition testimony and other case materials

The objective is not to summarize thousands of pages. It is to identify the clinically significant evidence, establish the timeline, reconcile conflicting documentation, and determine what the record does and does not support.

Expert Reports & Written Opinions

I prepare written forensic reports addressing speech-language pathology issues supported by the available evidence. Depending on the referral question, opinions may address:

Communication and cognitive-communication impairment
Functional communication
Executive functioning, memory, and attention
Dysphagia and aspiration risk
Dietary and supervision recommendations
Functional consequences of impairment
Clinical consistency or inconsistency across records
Standard clinical considerations

When the evidence does not support a definitive conclusion, I identify that limitation rather than overstate it.

Independent Speech-Language Pathology Evaluations

Where appropriate and permitted by licensure, I conduct independent evaluations of communication, cognitive-communication, language, speech, or swallowing function. In-person evaluations are available in the states where I hold active licensure (AZ, CA, CO, FL, NM, NY, PA, VA, WA; *telehealth availability if applicable*). Each evaluation is designed around the legal referral question rather than a generic clinical treatment plan.

Deposition & Trial Testimony

I provide deposition and trial testimony regarding my records review, evaluation, methodology, clinical interpretation, and professional opinions. My testimony stays within my professional expertise and is grounded in the evidence reviewed.

Attorney Consultation

Not every matter requires a formal report. I also consult with attorneys earlier in the process to determine whether communication, cognition, or swallowing issues are clinically significant to the case, including:

Early case assessment and merit screening
Identification of missing records
Analysis of opposing expert opinions
Deposition preparation
Interpretation of SLP and dysphagia documentation
Consultation on functional implications

My Approach: Evidence First. Clinical Context. Clear Opinions.

My review begins with the clinical question. I then examine the record chronologically and across disciplines, looking at the relationship between documented impairment, functional performance, treatment recommendations, and what actually occurred.

I pay particular attention to inconsistencies. Some apparent contradictions make sense once the clinical context is understood. Others materially change the interpretation of a case. The goal is not to make the record sound more complicated. It is to make the relevant evidence easier to understand.

What I Do Not Do

I do not assume a diagnosis proves impairment.
I do not assume an impairment proves causation.
I do not offer opinions outside my professional expertise.
I do not present clinical speculation as established fact.
I do not change a clinical conclusion because another interpretation would favor a party.

If the evidence is limited, conflicting, or insufficient, I say so.

Why Retain a Forensic SLP?

Speech-language pathology evidence is often distributed across the record rather than located in one obvious place. A cognitive deficit may appear in a therapy note. A swallowing restriction may appear in a diet order. A supervision recommendation may appear in an SLP note while the nursing record documents something different. A functional communication limitation may be described indirectly rather than diagnosed explicitly.

These details become important when the legal question concerns what someone understood, remembered, communicated, was capable of doing, or was instructed to do. My job is to find them and explain their clinical significance.

Request a Case Consultation

Please include a brief description of the matter, the relevant jurisdiction, the primary clinical issue, and the stage of litigation.

Request a Case Consultation →

Erica Thomas, M.S., CCC-SLP
EJT Communication Consultant LLC
Forensic Speech-Language Pathology & Expert Witness Consulting
erica@ejtcommconsult.com | (410) 929-6401
CV available on request.

Core Areas of Expertise

Traumatic Brain Injury

TBI litigation frequently involves impairments that structural imaging does not fully capture. I analyze the speech-language pathology evidence related to memory, attention, executive functioning, processing, language, and functional performance, and the relationship between clinical findings and the functional questions in the case.

Dysphagia & Aspiration

Swallowing-related litigation often turns on details scattered across multiple disciplines. I review swallowing evaluations, diet orders, supervision recommendations, nursing documentation, feeding records, and incident reports, with particular attention to the difference between what was clinically recommended and what the record indicates actually occurred.

Cognitive-Communication & Executive Function

A person can speak fluently and still have significant cognitive-communication impairment. I evaluate documentation related to memory, attention, reasoning, problem-solving, impulsivity, insight, and functional communication. These issues matter in TBI, neurological injury, capacity, disability, personal injury, and institutional care matters.

Capacity & Communication

I provide speech-language pathology expertise on the communication components of capacity-related questions, including comprehension, expression, processing of information, and the ability to communicate decisions. Capacity determinations are interdisciplinary and context-specific, and my opinions are limited to the speech-language pathology issues within my expertise.

Case Types

Traumatic brain injury
Motor vehicle and personal injury
Medical malpractice
Nursing home and long-term care
Dysphagia and aspiration
Wrongful death
Capacity and guardianship
Disability claims
Functional impairment
Cognitive-communication disorders