Resolving a Malpractice Case

Malpractices happen.  Fortunately, they can be defended, overcame and resolved.  Whether found accountable or not, there are critical steps in any defense of a malpractice case.  A good law firm with legal nurse consultants can help defend the case and analyze evidence and even be an expert witnesses.  There are various steps within a malpractice case.  The response phase, the collection of evidence and case preparation phase, the case itself and the resolution of all parties.  It is critical to be precise and accountable to all phases if one is to successfully deal with a possible case.

Legal Nurses on from a legal team can play a key role in resolving a malpractice case.


The article, “Overcoming Medical Malpractice Claims: Strategies For Success” from the European Business Review takes a closer look at overcoming and defending against a malpractice claim.  The article discusses the nature and definition of malpractice before divulging into overcoming it.  The author stresses the importance of response time and finding a strong firm to help defend a case.  Within this, there is a collection and analyzation of evidence, sometimes by legal nurse consultants.  Building a strong defense is pivotal.  In addition to building a case, the article delves into how to negotiate a settlement as well as defending a claim in court.  Finally, the article points out how to resolve the case after a definitive verdict has been declared.  Overall, the article states,

“The resolution of a medical malpractice claim can be a complex and lengthy process. The key to success is understanding the fundamental elements of medical malpractice and taking proactive steps to protect against claims.  By being aware of the common causes, statute of limitations, and strategies for negotiation or defense, medical professionals can be prepared to successfully handle medical malpractice claims. It is also important to have an action plan in place for after the claim is resolved in order to prevent future issues from arising.  Taking the time to understand these concepts now will ‘pay dividends’ in the long run for those who may find themselves facing a medical malpractice claim.”

“Overcoming Medical Malpractice Claims: Strategies For Success”. The European Business Review. January 30th, 2023.

To review the entire article, please click here


The importance of legal representation is key.  Malpractice attorneys aided with the expertise of legal nurse consultants can play a key role in resolving a malpractice claim.

Legal Nurse Consultants can aid in the defense of a malpractice claim. Please review AIHCP’s Legal Nurse Consulting Program


Healthcare providers possess a form of defense against malpractice claims through the use of principles that are rooted in tort law. Primarily, this defense relies on the concept of causation, which is based on the premise that a breach of care must have been in existence for an injury to have occurred. In order to be liable for damages, it must be established that the provider was negligent in their duties and that said negligence led directly to the injury or harm sustained by the patient.  In addition, The healthcare provider’s defense against malpractice claims can be conceptualized as an attempt to limit potential liabilities related to professional negligence. This involves a variety of strategies, such as the implementation of evidence-based practices, utilization of preventative measures, and provision of disclaimers and informed consent documents. In addition, education and training programs designed to reduce errors may be beneficial in creating an environment conducive to avoiding malpractice allegations.

The resolution of a malpractice case typically involves the adjudication of a legal dispute by way of a formal process in which relevant parties present evidence and arguments to support their respective positions. This is often done through a combination of negotiation, arbitration, and/or litigation methods. The resolution may ultimately involve an agreement between the parties as to how damages (if any) will be paid.

Role of Legal Nurses

Legal nurses and malpractice legal teams are essential components in facilitating a successful legal case. By leveraging their specialized knowledge in the field of healthcare, legal nurses provide consulting services to malpractice legal teams to help them understand the medical complexities of a case. Their ability to interpret medical documentation, assess patient records, identify areas of negligence, and track related court proceedings enable them to offer valuable insight into the merits of a case and their efficacy has been demonstrated through numerous studies in the field.

Legal nurses are a vital component of the malpractice litigation process, as they serve to provide an in-depth analysis of relevant medical documentation and provide expert testimony regarding the medical aspects of a case. The legal nurse consultant is tasked with evaluating the facts of the case, including any negligence or malpractice that may have occurred, and rendering an opinion as to whether certain actions taken by health care providers satisfy the applicable standard of care for the particular situation.

Beyond investigation, legal nurses also provide assistance in court.  Legal nurses in court represent an invaluable resource within the judicial system. These specialized professionals are able to provide a critical bridge between the medical and legal worlds, enabling them to interpret, explain, and contextualize clinical data for use in a courtroom setting. By leveraging their advanced understanding of medical terminology and concepts, legal nurses can assist attorneys representing clients in malpractice cases or other medical-legal issues.


In conclusion, defending against malpractice claims can be complex and costly. It is important for healthcare providers to have a comprehensive understanding of the legal landscape, their professional obligations, and their rights in order to protect themselves from potential claims. A successful defense requires experienced and knowledgeable legal counsel, who can assist clients with providing timely disclosure of material information and documentation. By understanding the legal process and having a plan in place to assess potential risks, health care providers can successfully defend against malpractice claims.

Legal Nurse Consultants play a key role in any defense.  They can aid in the investigative phase as well as the court phase.  They play a key role in aiding and advising the malpractice firm on particular cases.  AIHCP and the College of Legal Nurse Consulting offers a certification in Legal Nurse Consulting open to registered nurses.  The program is online and independent study and open to qualified professionals seeking a four year certification in legal nurse consulting.  If qualified and interested, then please review AIHCP’s Legal Nurse Consulting program and see if it meets your academic and professional goals.

Additional Resources

“Protecting yourself from malpractice claims”. American Nurse. February 11th, 2007.  Access here

“What is medical malpractice?”. Yvette Brazier. April 5th, 2017. MedicalNewsToday.  Access here

“Stay Vigilant About Malpractice Risks with Telemedicine”. Healthcare Risk Management. February 1st, 2022. Relias Media.  Access here

“Physicians’ Views on Defensive Medicine: A National Survey”. Tara F. Bishop, MDAlex D. Federman, MD, MPHSalomeh Keyhani, MD, MPH. Arch Intern Med. 2010;170(12):1081-1083. doi:10.1001/archinternmed.2010.155. Jama Newwork.  Access here