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How to Prevent and Deal with a Medical Malpractice Case

Posted on by Mark Moran

No matter how well trained or professional,  the chances of a medical malpractice suite during a healthcare professional is very high and likely within their career span.  Obviously, doctors have a higher chance than others, but nurses and other aides also face malpractice suites within their careers.  Not all malpractice cases have merit and in many cases, the healthcare professional is innocent of wrong doing or following improper procedure or standards of care, but it still can happen and one needs to be prepared for it.

A good malpractice defense and legal nurse consultant team can help physicians find justice and legal aid in any medical malpractice case

 

This is why millions each year is spent on malpractice insurance, as well as millions on defense for healthcare professionals in malpractice cases.   Numerous firms utilize the insight of Legal Nurse Consultants to help them defend and aide healthcare professionals in various malpractice cases.

If ever served, it can be a scary and confusing moment and it is important to know what to do.  The article, “How to navigate a malpractice case” by Chris Mazzolini takes a closer look at how to respond and navigate a malpractice case and how critical legal help is to properly handle the case.  In addition, the article points out ways to prevent possible malpractice.  The article states,

“The best way to avoid a lawsuit is to have excellent outcomes and results. Most lawsuits arise due to bad outcomes or results. However, even the best doctors can’t get perfect outcomes all the time, despite selecting the best procedures and tests. It is crucial to let the patient know that you care about them and their outcomes, especially when there’s a less-than-perfect outcome. Doctors care desperately for their patients and want to avoid poor outcomes. Excellent communication with the patient and answering their questions is key, as well as documenting all discussions and decisions made. These practices can help in preventing lawsuits.”

“How to navigate a malpractice case”. Chris Mazzolini. April 1st, 2023. Medical Economics.

To review the entire article, please click here

 

Understanding Medical Malpractice

Medical malpractice is a complex legal concept that can be difficult to understand. Medical malpractice occurs when a healthcare provider fails to meet the standard of care, resulting in harm to a patient. The standard of care is the level of care that a reasonable and prudent healthcare provider would provide under similar circumstances. Medical malpractice cases can arise from a variety of situations, including misdiagnosis, medication errors, surgical errors, and failure to obtain informed consent.

Medical malpractice cases can be challenging to prove, and there are several elements that must be established in order to win a case. These elements include a duty of care, a breach of that duty, causation, and damages. A duty of care exists when a healthcare provider has a legal obligation to provide care to a patient. A breach of that duty occurs when a healthcare provider fails to meet the standard of care. Causation is the link between the breach of duty and the harm suffered by the patient. Damages refer to the harm suffered by the patient as a result of the breach of duty.

Why Medical Malpractice is a Concern for Healthcare Providers

Medical malpractice is a concern for healthcare providers for several reasons. First, medical malpractice cases can be costly. Healthcare providers may be required to pay damages to the patient, as well as legal fees. In addition, medical malpractice cases can be time-consuming, taking healthcare providers away from their patients and causing stress and anxiety.

Medical malpractice cases can also damage a healthcare provider’s reputation. A medical malpractice case can harm a healthcare provider’s standing in the community, as well as their ability to practice medicine. In addition, medical malpractice cases can result in increased scrutiny from regulatory bodies, which can lead to disciplinary action.

Common Causes of Medical Malpractice Cases

Medical error is part of being human and sometimes medical professionals need a good defense to protect their career.

 

There are several common causes of medical malpractice cases. One of the most common causes is misdiagnosis. Misdiagnosis occurs when a healthcare provider fails to correctly identify a patient’s condition. Misdiagnosis can result in delayed treatment, incorrect treatment, or no treatment at all. Misdiagnosis can also result in a patient’s condition worsening, leading to more serious health problems.

Another common cause of medical malpractice cases is medication errors. Medication errors can occur when a healthcare provider prescribes the wrong medication, the wrong dosage, or fails to consider a patient’s medical history. Medication errors can result in serious harm to a patient, including allergic reactions, drug interactions, and overdose.

Surgical errors are also a common cause of medical malpractice cases. Surgical errors can occur when a healthcare provider makes a mistake during a surgical procedure. Surgical errors can result in serious harm to a patient, including infections, nerve damage, and even death.

Best Practices for Avoiding Medical Malpractice Cases

There are several best practices that healthcare providers can follow to avoid medical malpractice cases. One of the most important is effective communication with patients. Healthcare providers should take the time to explain medical conditions, treatment options, and potential risks to patients in a way that they can understand. Effective communication can help patients make informed decisions about their healthcare and can reduce the risk of misunderstandings.

Another best practice is thorough documentation. Healthcare providers should document all patient interactions, including medical history, physical exams, and treatment plans. Thorough documentation can help healthcare providers track a patient’s progress and can provide a record of the care provided.

Healthcare providers should also prioritize patient safety and work to reduce medical errors. This can include implementing safety protocols, such as using checklists and double-checking medications. Healthcare providers should also be open to feedback from patients and colleagues and should use that feedback to improve their practice.

Communication and Documentation Strategies for Healthcare Providers

Effective communication and thorough documentation are essential strategies for avoiding medical malpractice cases. Healthcare providers should prioritize clear and concise communication with patients, using language that patients can understand. Healthcare providers should also take the time to answer patient questions and address any concerns that they may have.

Thorough documentation is also essential for avoiding medical malpractice cases. Healthcare providers should document all patient interactions, including medical history, physical exams, and treatment plans. Documentation should be clear and concise, and should include information about any relevant test results or consultations with other healthcare providers.

In addition, healthcare providers should be aware of the legal requirements for documentation, including the Health Insurance Portability and Accountability Act (HIPAA). HIPAA sets standards for the privacy and security of protected health information, and healthcare providers must ensure that they are compliant with these standards.

Improve Patient Safety and Reduce Medical Errors

Prevention is the best answer to malpractice. Through particular strategies, one can limit the chance of a illegitimate case being brought against oneself

 

Improving patient safety and reducing medical errors is a key strategy for avoiding medical malpractice cases. Healthcare providers can implement a variety of safety protocols to reduce the risk of medical errors. This can include using checklists and double-checking medications.

Healthcare providers should also prioritize continuous learning and professional development. This can include attending conferences and workshops, participating in online training courses, and staying up-to-date with the latest research and best practices in their field.

The Role of Technology in Preventing Medical Malpractice Cases

Technology can play a significant role in preventing medical malpractice cases. Electronic health records (EHRs) can help healthcare providers keep track of patient information and reduce the risk of errors. EHRs can also provide alerts and reminders to healthcare providers, helping them stay on top of patient care.

In addition, telemedicine can help healthcare providers reach patients in remote or underserved areas. Telemedicine can also provide patients with convenient access to healthcare, which can reduce the risk of missed appointments and delayed care.

Importance of Continuous Learning and Professional Development

Continuous learning and professional development are essential strategies for healthcare providers to stay up-to-date with the latest research and best practices in their field. Healthcare providers can attend conferences and workshops, participate in online training courses, and read industry publications to stay informed.

In addition, healthcare providers can seek feedback from patients and colleagues to identify areas for improvement. Healthcare providers can also participate in quality improvement initiatives to improve patient care and reduce the risk of medical errors.

Medical Malpractice Insurance for Healthcare Providers

Due to chance of medical error, malpractice insurance and a malpractice firm with legal nurse consultants are musts in any medical practice

 

Medical malpractice insurance is a type of insurance that healthcare providers can purchase to protect themselves from the financial and legal consequences of medical malpractice cases. Medical malpractice insurance can help healthcare providers pay for damages to patients, as well as legal fees and other costs associated with a malpractice case.

Healthcare providers should speak with an insurance agent to determine the appropriate level of coverage for their practice. It is important to note that medical malpractice insurance does not provide immunity from legal action, but can provide financial protection.

If sued in a case, it is important to contact legal representation with expertise in medical malpractice.  Many firms utilize legal nurse consultants who have a deep and strong understanding of medical law and standards of care that can serve as expert witnesses and investigators for the case.  If served, legal representation can properly answer any questions as well as prepare a defense for the case.  They will require records and meetings with the patient. Hopefully, the situation can be resolved in mediation but if not, a good defense team with a legal nurse consultant can help alleviate the stress and worry associated with a malpractice case.

Conclusion

Please review AIHCP’s Legal Nurse Consulting Certification and see if it matches your academic and professional goals

 

Medical malpractice is a concern for healthcare providers, but there are several strategies that can be implemented to avoid malpractice cases. Effective communication with patients, thorough documentation, and prioritizing patient safety and reducing medical errors can all help healthcare providers avoid malpractice cases. Continuous learning and professional development are also essential strategies for staying up-to-date with the latest research and best practices in the field. Finally, medical malpractice insurance can provide financial protection in the event of a malpractice case. By following these strategies, healthcare providers can provide high-quality care to their patients and avoid the legal and financial consequences of medical malpractice.

If looking to work in the legal arena of malpractice, AIHCP offers for nurses the opportunity to earn a certification in Legal Nurse Consulting.  The program is online and independent study and open to qualified professionals seeking a four year certification in Legal Nurse Consulting.  Please review the program and see if it matches your academic and professional goals.

 

Legal Malpractice and the Better Solution of Mediation over Jury

Posted on by Mark Moran

Malpractice cases happen everyday in the United States and throughout the world.  They cost millions collectively and can cost numerous hours as well.  In some unique cases, mediation is sometimes the better option than a trial.  There are many benefits to mediation as opposed to trial.  Mediation takes less time from the physician, lessens the exposure of a public trial and having to testify as well as reducing the emotional toll of a trial.   Ultimately, neither side wishes to fall under the decision of a civil jury and the uncertainty that follows with each individual.  Hence mediation has many benefits and should be an option for any case.

Sometimes, medical errors can be resolved in mediation instead of through a jury. Please also review AIHCP’s Legal Nurse Consulting Program

 

Legal Nurse Consultants and law firms specialized in malpractice can help physicians and other healthcare professionals in malpractice cases and hopefully guide one to a mediation case over trial.  If not, Legal Nurse Consultants within a firm, can also play a key role in helping the case.

The article, “Mediating the Medical Malpractice Case: Special Considerations and Strategies for Success” from Miles Mediation and Arbitration looks at the many benefits of meditation over trial as well as how to properly apply and utilize it in a malpractice case.  The article states,

“Medical malpractice cases are expensive and time-consuming to litigate and require specialized knowledge and understanding of complex medical issues. Mediated settlement negotiations offer numerous advantages over jury trials. The emotional toll, expense, potential damage to reputation, and uncertainty of success at trial, among other things, make medical malpractice cases particularly well-suited for mediation.”

“Mediating the Medical Malpractice Case: Special Considerations and Strategies for Success”. Miles Mediation and Arbitration.  April 7th, 2023.

To review the entire article, please click here

What is Medical Malpractice Mediation?

Legal Nurse Consultants play a key role in the malpractice case within a firm. They can also play a key role in presenting evidence in mediation or trial

 

Medical malpractice mediation is a form of alternative dispute resolution where a neutral third-party mediator facilitates a discussion between the patient and healthcare provider to reach a mutually agreeable settlement. This process allows patients and healthcare providers to avoid the time, expense, and emotional toll of traditional litigation.

In mediation, the mediator does not make a decision or judgment regarding the outcome of the case. Instead, the mediator helps both parties communicate and understand each other’s concerns to reach a resolution that satisfies both parties. The process is voluntary and confidential, and both parties must agree to the terms of the settlement before it becomes binding.

The Drawbacks of Medical Malpractice Litigation

Medical malpractice litigation can be a lengthy and costly process for all parties involved. Patients often have to wait years for a resolution to their case, and the emotional toll can be significant. Healthcare providers also face significant financial costs, including legal fees, expert witness fees, and potential damages.

Furthermore, traditional litigation can be adversarial, with both parties fighting to prove their case and win in court. This adversarial process can damage the relationship between the patient and healthcare provider and can result in a breakdown of trust.

The Benefits of Medical Malpractice Mediation

There are numerous benefits to mediation over jury.

 

Medical malpractice mediation offers several benefits over traditional litigation. First, mediation is typically a faster process than litigation. Mediation can be completed in a matter of months, whereas litigation can take years to reach a resolution.

Second, mediation is typically less expensive than litigation. Mediation fees are typically split between both parties and are significantly lower than the costs associated with traditional litigation.

Third, mediation is a collaborative process that allows both parties to work together to reach a mutually agreeable settlement. This collaborative process can help maintain the relationship between the patient and healthcare provider and can result in a more satisfactory outcome for both parties.

How Does Medical Malpractice Mediation Work?

Medical malpractice mediation typically begins with a joint meeting between the patient, healthcare provider, and mediator. During this meeting, the mediator explains the mediation process and sets ground rules for the discussion.

Following the joint meeting, the mediator typically meets with each party separately to discuss their concerns and interests. The mediator then facilitates a discussion between the parties to identify areas of agreement and disagreement and to work towards a mutually agreeable settlement.

Once an agreement is reached, the mediator drafts a settlement agreement, which is then reviewed by both parties and their attorneys. If both parties agree to the settlement terms, the agreement is signed, and the case is resolved.

The Role of the Mediator in Medical Malpractice Cases

The mediator plays a critical role in medical malpractice cases. The mediator is a neutral third-party who facilitates the discussion between the patient and healthcare provider. The mediator does not make a decision or judgment regarding the outcome of the case but instead helps both parties communicate and understand each other’s concerns.

The mediator also helps both parties identify areas of agreement and disagreement and work towards a mutually agreeable settlement. The mediator does not provide legal advice but may provide guidance on the mediation process and potential settlement options.

The Advantages of Using a Mediator in Medical Malpractice Cases

There are several advantages to using a mediator in medical malpractice cases. First, the mediator can help maintain the relationship between the patient and healthcare provider. The collaborative process of mediation can help both parties understand each other’s perspectives and work together to reach a resolution that satisfies both parties.

Second, mediation is typically less expensive than traditional litigation. Mediation fees are typically split between both parties and are significantly lower than the costs associated with traditional litigation.

Third, mediation is a confidential process, which can help protect the reputation of the healthcare provider. Traditional litigation is a public process, and the details of the case can be made public, which can damage the reputation of the healthcare provider.

The Effectiveness of Medical Malpractice Mediation

Medical malpractice mediation has been shown to be an effective alternative to traditional litigation. Studies have shown that mediation can result in higher rates of settlement and can be faster and less expensive than traditional litigation.

Furthermore, mediation can result in a more satisfactory outcome for both parties. The collaborative process of mediation can help both parties understand each other’s concerns and work together to reach a resolution that satisfies both parties.

The Cost Savings of Medical Malpractice Mediation

Medical malpractice mediation can result in significant cost savings for both patients and healthcare providers. Mediation fees are typically split between both parties and are significantly lower than the costs associated with traditional litigation.

Furthermore, mediation can result in a faster resolution to the case, which can save both parties money in legal fees, expert witness fees, and other costs associated with traditional litigation.

How to Choose a Qualified Medical Malpractice Mediator

Choosing a qualified medical malpractice mediator is critical to the success of the mediation process. When choosing a mediator, it is essential to look for someone who has experience in medical malpractice cases and has a thorough understanding of the healthcare industry.

It is also important to choose a mediator who is neutral and impartial and who has excellent communication and facilitation skills. The mediator should be able to help both parties understand each other’s concerns and work towards a mutually agreeable settlement.

Conclusion

Ultimately Meditation is the best option in malpractice for all parties. Please also review AIHCP’s Legal Nurse Consulting Program

 

Medical malpractice mediation offers several benefits over traditional litigation. Mediation is typically a faster, less expensive, and more collaborative process that can help maintain the relationship between the patient and healthcare provider. Mediation can also result in a more satisfactory outcome for both parties and can save both parties significant costs.

When choosing a mediator, it is essential to choose someone with experience in medical malpractice cases and excellent communication and facilitation skills. With the right mediator, medical malpractice mediation can provide a valuable alternative to traditional litigation for patients and healthcare providers alike.

Please also review AIHCP’s Legal Nurse Consulting Program and see if it meets your academic and professional goals.  The program is online and independent study and open to qualified professionals seeking a four year certification in Legal Nursing.

Additional Resources

“Can You Settle a Medical Malpractice Claim Without a Lawsuit?”. David Goguen, JD.  AllLaw. Access here

“Medical Malpractice Cases and Mediation: What to Expect”. DTAW. November 29th, 2020. The Tawwater Law Firm. Access here

“How Does Mediation Work in a Lawsuit?”. PON Staff. October 5th, 2020. Harvard Law School. Access here

“What Is Mediation?”. Christy Bieber, JD. April 24th, 2023. Forbes Advisor. Access here

Resolving a Malpractice Case

Posted on by Mark Moran

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

Commentary

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.

Conclusion

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, MD; Alex D. Federman, MD, MPH; Salomeh Keyhani, MD, MPH. Arch Intern Med. 2010;170(12):1081-1083. doi:10.1001/archinternmed.2010.155. Jama Newwork.  Access here

Most Expensive Malpractice Cases

Posted on by Mark Moran

Malpractice cases and payouts are expensive.  Due to the enormous amount of expenses that are dealt out to victims of malpractice, everyone somehow eventually pays to keep the healthcare system floating.  Higher physician insurance, higher bills for patients and more expenses for procedures all rise due to malpractice.  In a perfect world, malpractice does not exist, but individuals make mistakes.  Legal Nurse Consultants play a key role in determining if malpractice occurred for numerous law firms.  They help decide if a case has merit or not and if the procedures were within the standards of care.

A Legal Nurse Consultant helps determine the validity of a malpractice case

 

Ultimately, some malpractice cases are more expensive than others.  In the article, “When medicine goes wrong: 5 of the most expensive malpractice lawsuits” from the Gazette, the most expensive malpractice cases are listed.  Among them are brain damage claims, cancer treatment, loss of limbs, misdiagnosis leading to death, heart attack treatment and anesthesiology errors.   The article states,

“In the United States of America, medical negligence is one of the most frequent causes of death, with more than 200,000 deaths a year as a result of malpractice. In general, those health professionals who are affected by this situation are the ones who make a mistake when making a diagnosis, when prescribing medicine or by not establishing adequate communication with their patients or colleagues in the transfer of a person.”

“When medicine goes wrong: 5 of the most expensive malpractice lawsuits” The Gazette. January 21st, 2023.

To read the entire article, please click here

Commentary

Legal Nurse Consultants play a large role in determining malpractice for law firms.  They help investigate the case and see if it has any merit.  They look to see if the care giver deviated from standard of care or if made a dangerous decision.  Furthermore, Legal Nurse Consultants play roles in the court room as expert witnesses regarding the case.

What is malpractice?

Medical malpractice involves deviance from standard of care resulting in critical error and injury to the patient due to neglect of the healthcare provider

 

Malpractice, also known as medical negligence, is when a medical professional or facility fails to provide proper medical care. In most cases, malpractice occurs when a medical professional or facility fails to provide the standard of care that a reasonable medical professional would provide in a similar situation.

When medical malpractice occurs, the patient may suffer physical, emotional, and/or financial harm. The patient is then entitled to file a malpractice claim, which is a civil lawsuit that seeks to recover damages for the harm done.  Legal firms work with Legal Nurse Consultants to determine validity of each case.

Types of medical malpractice cases

Medical malpractice cases come in all shapes and sizes. Some of the most common types of medical malpractice cases include:

  • Misdiagnosis or delayed diagnosis
  • Failure to provide appropriate treatment
  • Surgical errors
  • Birth injuries
  • Medication errors
  • Wrongful death

In each case, the patient is seeking to recover damages for the harm they have suffered. To do this, they must prove that the medical professional or facility was negligent and that the negligence was responsible for their injury or illness.

The costs of medical malpractice

The costs of medical malpractice can be astronomical. In addition to medical expenses and lost wages, a patient may also be entitled to pain and suffering damages, which can range into the millions of dollars.

In some cases, the medical malpractice may have resulted in a wrongful death. In this case, the victim’s family may be entitled to compensation for funeral expenses, emotional distress, and loss of companionship.

The most jaw-droppingly expensive malpractice cases

When it comes to medical malpractice cases, some of the most jaw-droppingly expensive are those that resulted in a wrongful death. For example, in the case of the “Black Widower,” Richard Anguiano was found guilty of murder after he caused the death of his wife by improperly administering medication. The family of the victim was awarded $10 million in damages.

Another example is the case of John and Loretta Capone. After John suffered a fatal heart attack due to medical negligence, his widow Loretta was awarded $25 million in damages. This was the largest settlement ever awarded in a medical malpractice case in the United States.

These cases are just the tip of the iceberg. There have been numerous other cases where medical malpractice has resulted in huge financial awards, including a $37.6 million award to a family whose son was born with cerebral palsy due to medical negligence, and a $26.6 million award to a family whose daughter was born with birth defects caused by medical negligence.

How to reduce the risk of malpractice claims

While it is impossible to eliminate all risks of medical malpractice, there are steps that medical professionals and facilities can take to reduce the risk of a malpractice claim. These steps include:

  • Ensuring that all medical staff are properly trained and certified
  • Utilizing evidence-based practices
  • Keeping accurate and detailed medical records
  • Documenting all patient interactions
  • Following up with patients after treatment
  • Adhering to safety protocols

By taking these steps, medical professionals and facilities can reduce the risk of a malpractice claim and provide the best possible care to their patients.

Perspectives on malpractice

When it comes to medical malpractice, there are multiple perspectives to consider. On one hand, medical malpractice cases can be incredibly expensive, and can have a major impact on a medical professional or facility’s bottom line. On the other hand, medical malpractice cases are often necessary in order to ensure that patients receive the care they deserve and are entitled to under the law.

It is important to remember that medical malpractice cases are not about punishing medical professionals or facilities, but rather about ensuring that patients receive the highest quality of care.

Conclusion

Legal Nurse Consultants investigate malpractice cases. Please review AIHCP’s Legal Nurse Consulting Program

 

Medical malpractice cases can be incredibly expensive, especially when they result in a wrongful death. These cases can also provide important lessons to medical professionals and facilities, and can help ensure that patients receive the care they deserve.

At the end of the day, it is important to remember that medical malpractice cases are not about punishing medical professionals or facilities, but rather about ensuring that patients receive the care they are entitled to under the law.

If you wish to work in the malpractice field as a Legal Nurse Consultant, then please review AIHCP’s College of Legal Nurse Consulting.  The Legal Nurse Consulting Certification is a four year certification that one can earn by taking the online courses.  Please review and see if the Legal Nursing Programing meets your academic and professional goals.

Additional Resources

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

“Marginal medical malpractice cases harm everyone”. Frank Francone. September 6th, 2022. Washington Examiner. Access here

“The Malpractice Crisis”. Frank Spencer.  April 2005. AMA Journal of Ethics. Access here

“What Is Medical Malpractice?”. WebMD Editorial Contributors. September 19th, 2022. WebMD. Access here

Legal Nursing and Malpractice

Posted on by Mark Moran

Everyday malpractices occur.  Due to deviation from standard of care and medical error, mistakes occur.  Individuals die or suffer unnecessary damage.  In some cases, it is the other way around and the healthcare professional or nurse did nothing wrong.  Regardless, if the case has merit or not, healthcare professionals need to be aware of how to handle malpractice cases and how to limit them.  Legal teams utilize the talent of nurses who specialize in malpractice case.  Many times a Legal Nurse will investigate and see if the standard of care has been breached, or if the case has any merit.  Legal Nurse Consultants can also serve as expert witnesses in cases.

Medical mistakes can happen. Legal Nurse Consultants review the merit or lack of merit of these mistakes for law firms

 

The American College of Legal Nurse Consulting offers a four year certification in Legal Nurse Consulting.  The program is online and independent study and open to qualified professionals seeking a four year certification in Legal Nurse Consulting.  Please review and see your qualifications meet entry into the program and if the program meets your academic and professional goals.

 

Please review the video below

Medical Malpractice Statute of Limitations

Posted on by Mark Moran

Unfortunately human error exists in any type of practice.  Sometimes the error can be mild or extreme.  Other times the error can be malicious or quite innocent in intent.  In the medical field, it can be the health care provider’s fault or a perceived injury by the patient.  In all cases, if malpractice does occur, there is a certain time frame, or statute of limitations that limits lawsuit.  Certain states have different deadlines and most states have extensions when discovery can occur.  Law practices usually utilize the expertise of legal nurse consultants to help with issues regarding medical malpractice and determine if a case is valid or if proper procedure was followed within the practice.

Medical errors need to be reported and litigated within a proper time frame. This is why it is important if unjustly injured to contact an attorney

 

The article, “Medical Malpractice Statute Of Limitations By State” by Christy Bieber, J.D, looks at many of the stipulations that surround statutes of limitations.  She lists all the states and their current time limit to actively file a lawsuit against a healthcare provider.  She also discusses issues what malpractice consists of and how the Discovery Rule can be an exception to most statutes of limitations.   In regards to statutes, she states,

“With most injury claims, you must file a lawsuit within a limited period of time. This is true for claims arising from medical negligence. States set laws on how long you have to pursue your case. This is important because evidence can be lost and memories fade over time.  If you do not pursue your case within the medical malpractice statute of limitations, your claim will be time barred. You will not be allowed to pursue a claim and get compensation for the harm you experienced as a result of your caregiver’s negligence.”

“Medical Malpractice Statute Of Limitations By State”. Christy Bieber, J.D. November 18th, 2022. Forbes Advisor.

To review the entire article, please click here

Commentary

Statutes of limitations are important because they prevent unreasonable litigation against healthcare providers.  If one is truly hurt, it is important to find the proper legal recourse within the time frame.  Fortunately for more unknown symptoms and secretly hidden activity, Discovery Rules in most states can help individuals find justice.  Legal Nurse Consultants and Malpractice Law Firms can help individuals find the justice they need.

Statute of Limitations in Malpractice

Statutes of limitation refer to the legal concept that outlines the maximum period of time after which a particular right or claim may no longer be enforced through the court system. These periods vary depending on jurisdiction, but all serve the purpose of protecting defendants from having to defend themselves against stale or unsupported claims. In essence, the statute of limitations sets a temporal boundary beyond which any claim brought forward is considered to have been waived by the claimant and is therefore inadmissible in court.

Statutes of limitation in medical malpractice refer to the timeframe within which a legal action for civil damages or other remedies must be initiated. This is a legal restriction that prevents a plaintiff from initiating an action after the expiration of a specified period of time. Statutes of limitation are designed to ensure that claims are brought in a timely manner, while simultaneously providing healthcare providers and entities with assurance that they will not suffer liability for alleged wrongdoing indefinitely.

The discovery rule is a legal principle that has been developed to enable claimants in medical malpractice cases to bring a claim beyond the statute of limitations. Specifically, it serves to extend the period of limitation when a patient’s knowledge or understanding of an injury caused by medical negligence is unclear until after the period of limitation has already elapsed. In such cases, the discovery rule applies and allows plaintiffs to pursue a claim up until two years after they have discovered their injury or should have reasonably known about it.

Role of Legal Nurses in Malpractice Cases

The role of legal nurses in medical malpractice cases is an integral part of the litigation process. Legal nurses are responsible for providing specialized knowledge and expertise to attorneys and other legal professionals that may be unfamiliar with the medical aspects of malpractice cases. Legal nurses are employed to review patient records, evaluate clinical outcome, investigate potential malpractice claims, assess liability and damages, provide expert testimony, and offer medically relevant opinion on the case.

Learn more about becoming a Legal Nurse Consultant through AIHCP’s online program. The program is online and independent study!

 

Conclusion

In conclusion, the statute of limitations for medical malpractice is an important consideration when determining whether to pursue a case. Depending on the state, the time limit may vary. Therefore, if you think that you or a loved one have been injured due to medical malpractice, it is important to consult with an attorney who can explain how the law applies in your particular situation. Understanding the statute of limitations for medical malpractice will help ensure that individuals receive justice and ethical care from their healthcare providers.

Please also review AIHCP’s Legal Nurse Consulting Certification and see if it meets your academic and professional goals.  The program is online and independent study and open to qualified nurses looking to become certified in Legal Nursing.  Nurses can then enter into the field of the courtroom and legal process and help utilize their expertise in nursing and medical procedure in numerous cases in both defense of healthcare professional or patient.

Additional Resources

“Always a Nurse: The Legal Nurse Consultant”. Howland, Wendie MN, RN-BC, CRRN, CCM, CNLCP, LNCC. Nursing Administration Quarterly: January/March 2020 – Volume 44 – Issue 1 – p 71-73. NAQ Nursing Administration Quarterly.  Access here

“Medical Liability/Malpractice Statutes of Limitation”. Heather Morton. March 20th, 2014. National Conference of State Legislatures. Access here

“The Many Ways to Extend a Limitations Period”. Mark E. Rooney. November 27th, 2019. American Bar Association.  Access here

“Medical malpractice in the United States” Wikipedia. Access here

“Effects of Malpractice Law on the Practice of Medicine”. Lee Black. Health Law June 2007. AMA Journal of Ethics.  Access here

Benefits of Having a Legal Nurse Consultant on Your Team

Posted on by Dominick Flarey

By: Dominick L. Flarey, Ph.D, MBA, RN-BC, ANP-BC, LNC-CSp.
       Certified Legal Nurse Consultant Specialist

Photo of a file folder with a document laying on top that is titled Professional Malpractice with a judge's gavel laying along side of the document

The benefits of having a Legal Nurse Consultant on the medical malpractice team has been realized time and time again by the legal world. With their knowledge and experience in the medical field, legal nurse consultants can provide critical insight into the nursing and medical issues at the heart of a case. They can break down medical terms, identify errors in medical care, and determine the likelihood of those errors causing harm to the patient. Legal nurse consultants can be the deciding factor in whether a case is won or lost. By examining the medical records and providing insight, legal nurse consultants can assist attorneys in deciding whether a potential case has merit for litigation. With their help, attorneys are able to build stronger cases and increase their chances of success. Legal nurse consultants can provide insight on many different nursing, health care and related medical issues. They can break down the medical terms in the medical records and explain what is happening in the patient’s medical care. They can identify mistakes made in the patient’s care and determine the likelihood of those mistakes causing harm. They can explain why mistakes were made and provide recommendations for how to improve the patient’s care.

These individuals bridge the gap between two fields of nursing and legal issues by employing their knowledge of nursing practice standards and regulations to assist attorneys, insurance companies, and other legal entities with malpractice cases. Specifically, legal nurse consultants provide a variety of services that encompass all aspects of litigation, including research, case analysis, and medical record review, determination of standards of care and damages assessment.

How Legal Nurse Consultants Help Attorneys Win Medical Malpractice Cases

Legal nurse consultants can help attorneys with many different aspects of a medical malpractice case. They can review medical records and provide feedback on whether the records are sufficient and complete. They can assess records for tampering and other forms of falsification. They can identify gaps in the records that should be filled and recommend additional testing that should have been done. Legal nurse consultants can assess the medical care provided to the patient and provide recommendations on how the care could be improved. They can provide insight into the patient’s condition, the patient’s response to treatments and medications, and the patient’s prognosis for recovery. Legal nurse consultants can also assess the actions taken by the medical team, including the decisions made by the physicians and the actions of the nurses and other medical staff, in their consulting role.

Legal Nurse Consultants’ Role in Analyzing Medical Records

Legal nurse consultants can provide critical insight into the medical records in a case. They can break down the medical terms used in the records and provide a layman’s explanation of what is happening in the patient’s medical care. They can identify mistakes in the medical records and determine the likelihood of those mistakes causing harm to the patient. Legal nurse consultants can explain why mistakes were made and provide assessments on how standards of care were likely violated. They can also provide insight on whether the medical records are sufficient and complete. They can identify gaps in the records that should be filled. They can recommend additional testing that should be done and provide insights into the legal implications of medical decisions and treatments. The ability to interpret and analyze medical records is essential for LNCs to effectively identify potential issues related to liability, negligence, and malpractice.

Legal Nurse Consultants’ Role in Providing Nursing and Medical Insight

Legal nurse consultants can provide insight into the patient’s condition, the patient’s response to treatments and medications, and the patient’s prognosis for recovery. They can provide critical insight into the medical issues at the heart of the case, including the patient’s diagnosis, the course of treatment being followed, and the patient’s response to that treatment. They can provide feedback on whether the medical care provided to the patient is appropriate and adequate. They are able to provide a valuable perspective on clinical matters through their knowledge of healthcare delivery, regulations, risk management and quality assurance. Acting as a bridge between the legal and healthcare professions, LNCs help lawyers better understand medical claims, procedures and treatments by utilizing their expertise in nursing, health care and law.

 

Legal Nurse Consultants’ Role in Assessing Medical Care

Medical laws and legal medicine or malpractice law as a group of hospital workers or doctor and nurse hands holding a justice scale as a health legislation symbol with 3D illustration elements.

Legal nurse consultants can assess the medical care provided to the patient. They can determine whether the care provided is appropriate and adequate. They can identify mistakes in the patient’s care and determine the likelihood of those mistakes causing harm. Legal nurse consultants can explain why mistakes were made and recommend ways to improve the patient’s care. Through their expertise in both legal and medical matters, they are able to provide important information to attorneys, insurance companies, and other interested parties on the standards of care and whether or not those standards were met. They may consult on medical care issues, but they are not permitted to testify as an expert witness on medical practice standards of care in a court proceeding.

Legal Nurse Consultants’ Role in Testifying in Court

Legal nurse consultants can provide expert testimony in court cases. They can provide their insight into the nursing issues at the heart of the case. They can break down the medical terms in the medical records and provide a layman’s explanation of what is happening in the patient’s nursing care. They can identify mistakes in the patient’s care and determine the likelihood of those mistakes causing harm. They can explain why mistakes were made and provide recommendations for how to improve the patient’s care. Legal nurse consultants can also explain the appropriate course of treatment being followed for the patient’s diagnosis. They can provide feedback on whether the nursing care provided to the patient was adequate. They can and do educate the jury and the judge on the nursing standards of care applicable to the case being heard. Legal Nurse Consultants (LNCs) possess the requisite knowledge and experience to provide expert testimony concerning nursing standards of care in a legal context. As such, they are uniquely qualified to serve as reliable witnesses on matters relating to nursing malpractice or other issues related to nursing negligence. It is important to note that the scope of their testimony is limited exclusively to matters pertaining to nursing standards of care.

If not testifying in court as an expert witness, then LNCs may consult with attorneys on other issues of a malpractice case outside of the scope of nursing standards of practice. They may present written consulting reports or provide verbal consultations to their attorney clients on other non-nursing related issues of a case.

Tips for Working with a Legal Nurse Consultant

If you are working with a legal nurse consultant on your case, there are a few tips that can make the process go more smoothly. Make sure to communicate well with your consultant. This can help the consultant understand your case and help you get the insight you need. Make sure to keep your consultant updated on any changes to the case or to the patient’s condition. This can help the consultant provide timely feedback and recommendations. You can also ask your consultant any questions you have as they are reviewing the records and providing insight. This can help you understand the process and get the insight you need.

In order to maximize the efficacy of a legal nurse consultant (LNC) in healthcare-related litigation, certain best practices must be observed. To this end, it is beneficial for attorneys to be cognizant of the LNC’s expertise and provide clear direction regarding the desired outcome. Additionally, open communication should be encouraged throughout the collaborative process to ensure both parties are apprised of relevant developments and can effectively collaborate to reach a resolution.

Finding a Qualified Legal Nurse Consultant for Your Case

Photo of a Stethoscope and judgement hammer or Judge's gavel. Gavel and stethoscope. medical jurisprudence.

Legal nurse consultants provide critical nursing, health care and medical insights that can help attorneys win malpractice cases. When searching for a legal nurse consultant for your case, there are a few things to keep in mind. Look for a consultant with experience in the practice of legal nurse consulting. This can help ensure the consultant understands the issues at the heart of a malpractice case and can provide helpful insight. Also, look for a consultant who has experience with the type of case you have. For example, if you have a medical negligence case, make sure the consultant has experience reviewing records from hospitals and other medical settings and can identify mistakes in those records. Also, consider contacting one of the certifying organizations, such as the American College of Legal Nurse Consulting, and ascertain if they have a list of Certified Legal Nurse Specialists in your area or who have expertise in the area of your specific case.

The Importance of Having a Legal Nurse Consultant on Your Team

Conclusion

Legal nurse consultants are critical members of a legal team. The benefits of having a legal nurse consultant are many and attorneys are realizing this more and more.  In summary, they can provide insight into the nursing and often overall medical issues at the heart of a case, helping attorneys win their cases. Legal nurse consultants can break down medical terminology and provide a layman’s explanation of what is happening in the patient’s medical care. They can identify errors in the patient’s care and determine the likelihood of those errors causing harm. With their expertise in the nursing and health care field, legal nurse consultants are able to provide critical insight into the patient care issues at the heart of a case. They can break down medical terminology and provide a layman’s explanation of what is happening in the patient’s medical care. They can identify errors in the patient’s care and determine the likelihood of those errors causing harm. They are expert at standards of care and identifying deviations from the standards of care. They are very valuable in assisting attorneys in establishing whether or not there was negligence in a malpractice case. Their presence on a legal team in medical or nursing malpractice is really imperative today. The number of Registered Nurse Legal Nurse Consultants continues to grow as demand continues to escalate.

While this article focuses more on the work of LNCs consulting for plaintiff attorneys, future article blogs will also address the LNC as consulting for medical malpractice work for defense attorneys as well.

Education and Certification of Legal Nurse Consultants

Registered Nurses may find the specialty practice of Legal Nursing Consulting an attractive option as a career goal. The American College of Legal Nurse Consulting offers a full curriculum of online, distance education courses that once successfully completed, leads to the attainment of Certification as a Certified Legal Nurse Consultant Specialist. You may view this program by accessing here: Legal Nurse Consultant Certification.

Suggested Readings

1. Always a Nurse: The Legal Nurse Consultant. Howland, Wendie.Nursing Administration Quarterly: January/March 2020 – Volume 44 – Issue 1 – p 71-73. access here. 

2. The Essentials of Expert Witnessing for the Radiology Nurse. Journal of Radiology Nursing. Vol 34(1);March 2015. access here.

3. Role of the Legal Nurse Consultant. The American Institute of Health Care Professionals, Inc. access here.

4. The Value of Legal Nurse Consultants in Medical Malpractice Claims. Patricia Pagels. Plunket & Cooney. Bloomfied Hills, MI. access here.

5. How To Become a Legal Nurse Consultant (Duties and FAQs). Ingrid Monteiro. Indeed. September 22, 2022. access here.

Medical Complaints in Healthcare

Posted on by Mark Moran

Physicians and medical professionals in healthcare can face discipline and lawsuit if they do not fulfill proper standard of care to a patient.  They can face malpractice but also medical complaints to overseeing boards.  It is hence extremely important for healthcare professionals to be aware of procedures when dealing with potential medical malpractice or even medical board complaints by patients.

Much can be done by simple transparency, procedure, proper channeling and oversight, but sometimes, mistakes can be made, or patients can be in the wrong looking to blame someone.  In this case legal support is needed.  Many legal teams have Legal Nurse Consultants who can also ensure proper procedure and standard of care was fulfilled.  It is hence extremely important if faced even with a medical complaint to find the proper representation to preserve one’s name and reputation within the medical profession and field.

A medical complaint can be a major headache but through professionalism and transparency they can be lessened. A good legal team and legal nurse consultant can help guide medical professionals from further reputation damage.

 

The article, “How to handle a medical board complaint” by Keith Loria looks closer at how to respond to a medical complaint.  He discusses the grave importance of taking it as serious as a malpractice suite and to follow the proper response protocol.  He highly recommends finding legal representation and aid in dealing with the issue but he also gives ways to prevent such instances from escalating through how patients are treated and procedures done in regards to providing information to the patient.  A well informed patient and a patient who is treated with respect and professionalism is far less to issue a complaint.  He states,

“Most physicians spend their sleepless nights worrying about malpractice lawsuits but not medical board complaints. However, a complaint to a medical board is a considerable challenge posing as much risk to a physician’s career as a malpractice case. Such a complaint often can be very trying and potentially damaging to one’s reputation. Some of the reasons behind medical board complaints involve a doctor’s code of ethics. Medical malpractice, misdiagnosis, failure to treat a patient and mismanaging a patient are common allegations in such complaints.”

“How to handle a medical board complaint”. Keith Loria. November 4, 2022. Medical Economics.

To review the entire article, please click here

Commentary

Medical complaints against professionals are a relatively common occurrence. In most cases, these complaints are filed against physicians or other medical professionals.  There are a number of reasons why patients may lodge medical complaints against professionals. In some cases, the patient may feel that they have been mistreated or that the quality of care they received was substandard. In other cases, the patient may be dissatisfied with the way their case was handled or with the outcome of their treatment. Whatever the reason, it is important to remember that medical complaints are serious matters and should be treated as such.

There are a few common medical complaints against professionals that patients typically make. These include issues with communication, bedside manner, and time management.
Patients often complain that their physicians do not communicate well with them. This can manifest as the physician not taking the time to explain things in layman’s terms, not listening to the patient’s concerns, or interrupting the patient during conversation. Another common complaint is that the physician has a poor bedside manner.

Preventing Complaints

The best way to prevent medical complaints against professionals is to follow a few simple guidelines. First, always maintain communication with your patients. This means keeping them updated on their condition and treatment plan, as well as answering any questions they may have. Second, document everything. Be sure to keep accurate and up-to-date records of all interactions with patients, as well as their medical histories. Finally, be responsive to any concerns or complaints that do arise.

Responding to Complaints

When seeking legal help to protect oneself against a medical complaint, it is important to first identify the source of the problem. Is the problem with the medical care that was received, or is the problem with the way in which the complaint was handled? Once the source of the problem has been identified, it is important to determine whether or not there is a legal basis for the complaint. If there is no legal basis for the complaint, then seeking legal help will not be necessary.

Many physicians will need to turn to a legal team with medical legal experts, such as legal nurse consultants to help defend.  The complaint is a serious issue and must be addressed.  Many times, healthcare professionals only see malpractice as a serious threat but complaints can also tarnish reputations.  It is hence important and critical to find legal help from legal professionals in defending oneself in such a complaint hearing before a medical board.

Conclusion

In conclusion, it is clear that there are many medical complaints against healthcare professionals. These complaints range from simple negligence to more serious issues such as sexual assault. It is important for patients to be aware of their rights and to know how to file a complaint if they feel that they have been wronged by a healthcare professional.

Regardless of the complaint or severity or even legitimacy, healthcare professionals need the guidance of an experience legal team with medical expertise and legal nurse consultants to aid in the hearing defense.  Legal nurse consultants help against medical complaints by providing knowledge and expertise in the healthcare field. They are an invaluable resource for investigating cases and providing testimony.  Their knowledge of both the medical and legal field makes them uniquely qualified to deal with these issues.

Please also review AIHCP’s Legal Nurse Consulting Program and see if it meets your academic and professional goals.  The program is online and independent study and open to qualified professionals seeking a four year certification in Legal Nursing.  Nurses are obviously the best candidates for this program.

Additional Resources

“Patient complaints in healthcare systems: a systematic review and coding taxonomy”. Tom W Reader, etc, al. BMJ Qual Saf. 2014 Aug; 23(8): 678–689.  National Library of Medicine.  Access here

“Medical Board Complaints from Hell: 6 Strategies for Surviving a Board Investigation”.  Medical Justice. September 1st, 2022.  Medical Justice. Access here

“Learning from complaints in healthcare: a realist review of academic literature, policy evidence and front-line insights”. Jackie van Dael, etc. al. Volume 29″ Issue 8. 2020. BMJ Journals.  Access here

“The nature of patient complaints: a resource for healthcare improvements”. Anna RÅBERUS, etc. al. International Journal for Quality in Health Care, Volume 31, Issue 7, August 2019, Pages 556–562,. Oxford Academic.  Access here

 

Legal Nursing and the Standard of Care

Posted on by Mark Moran

In Legal Nurse Consulting, the idea of the standard of care is critically important.   This standard is the defining linear line between negligence and proper care of a provider to a patient.  It provides the guidelines necessary to understand if a malpractice has occurred or not occurred.  Legal Nurse Consultants play a key role in defining this line within the practice of nursing and healthcare.  It is hence extremely important to understand this standard and its applications in cases where supposed malpractice may have occurred.

The article, “Standard Of Care: Legal Definition & Examples” by Christy Bieber and reviewed by Adam Ramirez looks more closer at these standards.  In the article, the definition of standard of care is clearly stated and how it applies to cases of potential malpractice.  The article also reviews what type of compensation individuals can receive in a malpractice case and how to proceed in such a filing.  The article states,

“In many cases, it is necessary to consult with experts in order to determine if a defendant fell below the standard of care. For example, if you are pursuing a case against a doctor for medical malpractice, you might need to present testimony from other medical professionals to establish what the standard of care was and to explain how the doctor fell short of fulfilling this duty and thus caused harm. An experienced medical malpractice lawyer can provide insight into proving a case. Your attorney can also help you to gather evidence and find expert witnesses who can testify on your behalf.”

“Standard Of Care: Legal Definition & Examples”. Christy Bieber. Forbes Advisor. October 10th, 2022.  To access the full article, click here

Legal Nurse Consultants play a key role in helping understand the standard of care in medical malpractice cases

Commentary

Legal nurse consulting (LNC) is a nursing specialty that provides support to lawyers and other legal professionals on cases involving health care. LNCs use their clinical knowledge and experience to help identify potential legal issues, gather and analyze medical records, and provide expert testimony.  Legal nurse consultants work with attorneys and other legal professionals to provide expert analysis and testimony on a variety of legal issues, including medical negligence, personal injury, and long-term care. As a legal nurse consultant, you will use your knowledge of the healthcare system to help attorneys understand complex medical issues.

The Standard of Care

In the legal profession, the standard of care is the watchword for determining whether a healthcare professional  has acted properly. The standard of care is defined as the degree of care and skill that a reasonable healthcare professional  would use in similar circumstances. This duty of care is owed to all clients, regardless of their level of sophistication or ability to pay.  In general, the standard of care requires that a person must be reasonably careful in order to avoid harming others.

The standard of care is the legal duty of all health care professionals to provide their patients with a certain level of care. This duty is based on the professional’s knowledge, skill, and judgment. The standard of care must be met in order to avoid liability for negligence. There are four elements to the standard of care: 1) the duty to act; 2) the standard of care; 3) causation; and 4) damages.

Malpractice

Medical malpractice is a type of negligence that occurs when a health care professional provides substandard care to a patient, resulting in injury or death. Although the standard of care varies by jurisdiction, it is generally defined as the type and level of care that a reasonably prudent health care professional would provide under similar circumstances. When a health care professional deviates from the standard of care and causes harm to a patient, he or she may be held liable for medical malpractice.

When filing a medical malpractice claim, there are a few things to keep in mind. First, you’ll need to file a complaint with the appropriate state agency. In most states, this is the Board of Medicine. You’ll also need to obtain copies of your medical records and any other relevant documentation. Once you have all of this information, you’ll need to meet with an experienced medical malpractice attorney to discuss your case.

Role of the Legal Nurse in Malpractice case

In a malpractice case, the legal nurse may be asked to review medical records and other documentation to help determine whether there was negligence on the part of the medical care provider. The legal nurse may also be asked to provide testimony in court about the case.  Overall and in more detail, a legal nurse reviews medical records, researches medical conditions and procedures, and provides guidance on the standard of care. In addition, they may  interview witnesses, collect and organize evidence, and assist with trial preparation. The goal is to help the attorney build a strong case on behalf of the client.  Legal Nurses may represent the healthcare professional or the patient suing for malpractice.

Conclusion

In conclusion, legal nurses are an important part of the healthcare team and play a vital role in ensuring the standard of care is met. They work closely with attorneys and insurance companies to investigate cases of malpractice and negligence.  The standard of care is important in protecting patients and ensuring that they receive the best possible treatment. It is also important in preventing medical negligence and malpractice.

Please also review AIHCP’s Legal Nurse Consulting Certification and see if it meets your academic and professional goals.  The program is online and independent study and open to qualified nurses seeking a four year certification in Legal Nursing.  After completing the required four courses, a registered nurse can apply for the four year certification.

Additional Resources

The Standard of Care. Donna Vanderpool, MBA, JD. Innov Clin Neurosci. 2021 Jul-Sep; 18(7-9): 50–51.  Access here 

Understanding Standard of Care for Patients. Trisha Torrey. VeryWellHealth March 4th, 2020.  Access here

Medical malpractice. BASHIR MAMDANI. Indian Journal of Medical Ethics Vol I No 2 April–June 2004.  Access here

An Introduction to Medical Malpractice in the United States. B. Sonny Bal, MD, MBA. Clin Orthop Relat Res 2009 Feb; 467(2): 339–347.  Access here

 

 

Legal Nurse Consulting Blog on Malpractice Stats

Posted on by Mark Moran

Medical malpractice is an all too common reality for many Americans.  It can happen anywhere by any doctor.  Even best intentioned physician can sometimes make a mistake.  Due to this there are high rates of malpractice across the nation.  Some states have higher rates and certain fields have a higher percentage of error.  Legal Nurse Consultants working with firms have a strong understanding of national statistics and the norms of practice.  Please also review AIHCP’s Legal Nurse Consulting Program

The article, “Physician malpractice: 8 stats to know ” by Patsy Newitt looks closer at national statistics that individuals can review.  She states,

“Here are eight key statistics on physician malpractice, pulled from Medical Economics’ “2022 Physician Report,” WalletHub’s “2022 Best & Worst States for Doctors” and Medscape’s “2021 Physician Malpractice Report.”  Fifty-one percent of physicians and 77 percent of surgeons have been named in a malpractice lawsuit. ”

To read about the other statistics, please review the article by clicking here

Learn more about AIHCP’s Legal Nurse Consulting Program and see if it matches your academic and professional goals

 

Please also review AIHCP’s Legal Nurse Consulting Program and see if the program matches your academic and professional goals.  The program is online and independent study and open to qualified professionals seeking a four year certification as a Legal Nurse Consultant.