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Legal Nurse Consulting: Expert Witness

Posted on by Dominick Flarey

Legal Nurse Consulting: The Nurse as Expert Witness

Exploring The Nurse As An Expert Witness

It is not unusual for an attorney to utilize a nurse as an expert witness when the malpractice issue involves another nurse. There was a time when the attorney would have sought this information from a physician, but times have changed, and many states have ruled that expert testimony about a nurse should come from a nurse. The need for expert nurse witnesses is growing, and the job is not as easy as some might expect. The requirements to be an expert witness are many, and the job responsibilities are even more demanding once received. Let us explore the journey to becoming a nurse as an expert witness.

 The Nurse

The registered nurse is a highly sought after profession that involves providing personal health care to patients in a wide range of health care applications. To be a nurse one must complete the educational requirements necessary for specific specialties and degrees. There are various levels of credentials that can be earned in nursing that cover some 200 areas of certification. The more credentials a nurse have the better should they desire to become an expert witness.

 The Nurse As An Expert Witness

Some believe that an Expert Witness Nurse must be credentialed as a Legal Nurse Consultant. However, the two are not necessarily the same. The legal nurse consultant may well be an expert nurse witness. But, conceivably, any nurse may serve as an expert witness in a malpractice case and deliver an expert opinion.  An expert witness must maintain all of their existing credentials, qualifications, and be clinically active at the time of testifying. It is best if the nurse is certified, and current on the most recent procedures and related information. The basic mission of the expert witness is to conduct a review of the case and decide if the case should be pursued.
Should witness testimony be required from the nurse, they would utilize their experience, training to provide a scientific and technical opinion on whether or not there were deviations in the heath care standards surrounding the issue involved. Some malpractice areas where the expert witness nurse might be required include falls, misuse of medication, bedsores, or any deviation in the nurses function of adhering to applicable health care standards.
The expert witness is often used to show that the patient was not protected because a colleague administered substandard care. They may also determine if charts were accurately filled out, and to report incompetence by the nurse involved in the issue.

 The Role Of A Nurse As An Expert Witness

The expert nurse will review all records associated with the medical issue in question, and then provide their professional opinion to the retained attorney, as to whether or not the given case should be pursued. This requires a great deal of research to ensure the expert can see all aspects of the case clearly. In most cases the expert will review the Administrative Code of the Board of Nursing for the state in which the issue occurred. Any pertinent information discovered by the expert witness should only be provided to the attorney on the case.
Many states ask that a Certificate of Merit be filed by the expert witness. This will be used by the state to determine if the case should be pursued. The expert will either need to deliver a written or oral report on their opinion. They may need to gather information involving the relevant standards regarding the issue in question. All information must be handled with care. Court decisions have been decided all too often because paperwork was mishandled or filing dates were not met. The expert must be prepared for extensive questioning on the stand in reference to their credentials and professional opinion.
It can easily be determined that the responsibilities of an nurse as an expert witness is not easy in any form or fashion. These expert witnesses can earn a lot of money for their efforts, but they develop a sound reputation for honesty, and sustain the credentials to back up their testimony. Whether they work for the defense or the prosecution, it is imperative that their homework has been done. A malpractice decision may very well rest on the expert opinion they provide.
Registered Nurses may learn more about doing expert witness work as well as legal nurse consulting by access information: click here.

Legal Nurse and HIPPA

Posted on by Dominick Flarey

Legal Nurse Consulting Corner

HIPPA Privacy Rules In Simple Terms

HIPPA stands for Health Insurance Portability and Accountability Act. This act, which was passed into United States law in the year 1996 under the mandate of President Bill Clinton, is intended to do several things at the same time. HIPPA is a very complex act that can seem inaccessible and difficult to understand to patients, entities and even some physicians. HIPPA privacy rules for health care are simply, when it comes down to it, a federal law used to protect patients from their information being used or released without their consent to other entities. This article discusses issues related to HIPPA as a review for practicing legal nurse consultants.

What Is Covered Under HIPPA

All your medical charts, your medical history, any conversation you might have with a medical professional, your billing information and any information on your insurance company’s computer systems are all protected by HIPPA from being shared to anyone unless it is necessary to do so.

When Is It Necessary?

When it comes to your care, if you are ever in an emergency, HIPPA allows for your medical history and information to be shared. Your information can be shared with your family or other caretakers, but you can stop this by putting a request in writing. Health professional are also allow it to be shared for billing, to protect the public’s health (if they think you might have an infectious or highly contagious disease, like the virus that causes SARS) or for the police to make reports on wounds. Doctors are not allowed by law to share any of this information with your employer and the information cannot be given to third parties that would use it for marketing or advertising.

Who Is Governed by HIPPA?

Not all health organizations that you are involved it will answer to HIPPA. Doctors, hospitals and insurance companies will, but if any other companies have your information like the place where you purchased life insurance, your employer, your school or even state agents, they do not have to abide by HIPPA.

What Are You Entitled To?

You can see your health records whenever you want, but you must submit a written request to get this done. You must say how you are going to use this information and who is going to see it. You may be charged for copies of your records.

What is a HIPPA form?

Health care providers need to inform patients how their information will be used and could possibly be shared. Health care providers must also ensure that the patient is always aware of his or her rights. This would usually be done in a HIPPA form. This is a document written in simple and straightforward language and it should ensure that the individual knows of his or her right to complain about any information being shared regarding medical records.

What Constitutes As A HIPPA Violation?

You might be accidentally violating HIPPA if you show your own medical records to a friend after having obtained them. Doctors and health insurance companies might be committing one if they are discussing your condition verbally or in a written form without your consent. A good indication of a HIPPA violation is if your medical records have been accessed too many times – this can happen due to curiosity and patients with very rare conditions are particularly vulnerable to this type of HIPPA violation.
Since its start, The Health Insurance Portability and Accountability Act (HIPPA) has been a rather controversial law. Although many patients like the protection it provides, it can be difficult for physicians to make the right judgment calls when they do not have all the information available to make a difficult decision. There can be a court summons of someone’s medical records, but this is a complicated and very long process that hinders how effectively doctors can do their job.
It has also affected some medical researches because they are no longer allowed to look at statistical data on medical charts to provide a historical sample of significance in their studies. This means that doing a historical study of a particular type of disorder or disease could be near impossible.
Additionally, HIPPA is very complicated and it can be quite difficult to follow. That is why many people in the health industry need to have extensive training when it comes to it. Many legal nurses are well versed in HIPPA and provide consultations to health care organizations regarding the many issues involved in the Act. They also provide staff education and training seminars related to HIPPA issues. To learn more about legal nurse consulting, access here.

What is a Living Will?

Posted on by Dominick Flarey

Legal Nurse Consultation

One of the most difficult things that a family member can go through is having to make a important medical decision regarding a loved one who is unable to speak for himself or herself. The stress of making such a decision in a hospital or nursing home can be overwhelming to those making the decision. Additionally, if there is any disagreement within the family about what course of medical action to take regarding the loved one, the situation can only become worse. The living will can help relieve some of the burden in difficult times when a difficult medical decision is required.
The living will is a type of advanced health care directive used to instruct medical personnel about what measures to take on a patient who is incapacitated and unable to make informed decisions about his or her healthcare. Two other forms of advanced health care directives include a power of attorney and a health care proxy. The various directive forms work alone or in tandem to provide instruction to doctors and nurses. It is important not to confuse a living will with a living trust, which is a form of estate planning that distributes a person’s assets after his or her death. This information is brought to you by our legal nurse consultation post on our blog.
It is essential to have a living will because it informs medical personnel and your family of what kind of medical treatment you want in case you are unable to speak for yourself. This can include instructions for what you want to happen in the event of an accident that leaves you in a permanent vegetative state or instructions how to handle your medical care if you have a terminal illness which progresses to the point of you being incapacitated. A living will should be written by a lawyer to ensure that it is legal and will serve its purpose if the need arises.

Understanding the Living Will

A living will generally describes the types of treatment you desire in the event you become incapacitated. For example, if you are in a vegetative state after an accident or other medical event, a living will can instruct your doctors whether or not to keep you alive through the use of ventilators, feeding tubes or other medical means. Other treatments often described in a living will include whether to administer pain relief, perform cardiopulmonary resuscitation, or provide hydration.
The living will only becomes effective if a doctor certifies you as being terminally ill or otherwise permanently incapacitated. For example, if you have a heart attack and are unconscious laying in a hospital, but expected to recover and regain consciousness, your living will does not come into effect. You will still receive life saving medical treatment even though your living will stipulates that you do not want life prolonging medical procedures. That is an important distinction and essential to understand. A living will only comes into effect if you are terminally ill, in a permanent vegetative state or permanently mentally incapacitated.
If the situation ever arises where you are incapacitated and unable to speak for yourself, but your medical condition is not terminal or permanent, you should use a health care power of attorney or a health care proxy. Either one of these documents allow you to provide a third party, usually a family member or close friend, the legal authority to make health care decisions on your behalf in the event you are unable to express your wishes.
Being proactive and having both a health care proxy and the living will is both a responsible and loving thing to do. It removes the burden of making extremely difficult decisions from your family members if and when the time arrives. You do not need to be terminally ill to have the living will.

Creating a Living Will

To set up the living will and health care power of attorney, consult a lawyer who specializes in these documents in the state where you live. But before you consult with a lawyer, talk to your doctor about the different scenarios when a living will might be needed and what your options are for each scenario. It’s important to make an informed decision now, so your wishes are known in the event the living will becomes effective. Each state has slightly different variations in terminology and living will laws so a lawyer’s help is crucial. Additionally, once your living will is written, keep it in a safe place. Make sure your doctor and the person you select to have health care power of attorney know of its existence. Your living will does no good to you if nobody knows that it has been written. For more information on health care directives, you may want to consult a legal nurse consultant.

Legal Nurse Consultant As Expert Witness

Posted on by Dominick Flarey

While the primary vocational call of a nurse is to provide direct care to patients at the bedside, many nurses are hoping to enhance their career scope and enter into other exciting nursing fields beyond the bedside. Legal nurses have the ability to work on legal issues that pertain to nursing and also to many other health care professionals. A major role of a legal nurse consultant  is to provide expert witness testimony. In such cases, this nurse expert will actually develop a case related to officially recognized standards of nursing care. In the expert role, the nurse will then present the standards of care in the court room and demonstrate to the jury just how and why there were deviations from the standards of care. Why this type of work is research intensive and professionally challenging, the high benefits of having a nurse testify in a case has been established. Besides having skills and knowledge in issue related to nursing malpractice, the nurse must also have considerable expertise in the clinical practice area of the nursing specialty for which the malpractice case is being heard. Nurse expert witnesses are in high demand today.

legal nurse consultant
legal nurse consultant

Legal Nurse Consultants Testify in Malpractice Cases

Posted on by Dominick Flarey

Nurses are entering the court room today as expert witnesses in nursing malpractice cases. These nurses are known as legal nurse consultants and are active members of legal teams. They investigate what particular nursing standards of care apply in a case of alleged negligence. Once they identify deviations from the standards of care they are able to define what deviations from the standards occurred. Their health care and nursing backgrounds allow them to easily enter the legal world in malpractice litigation. Most legal nurse consultants practicing today have completed legal nurse consulting training programs and have achieved certification. When legal nurses provide expert testimony in a malpractice case, they are only permitted to give testimony related to deviations from nursing standards of care. They are not permitted to testify to deviations in standards of care of physician medical practice. Nurses do get sued. The legal nurse providing expert testimony in a nursing malpractice case can really influence the outcomes of a whether providing such testimony for the plaintiff or the defense.

Certified legal nurse consultant

Posted on by Dominick Flarey

Nurses who wish to pursue a career in the legal and the medical malpractice area usually become Legal Nurse Consultants. As a legal nurse consultant, the nurse can become a legal expert in the areas of health care and nursing law hence becoming a greater asset to one’s institution by assisting in risk management assessments. A legal nurse can also advertise one’s skills beyond the bedside and begin their own consulting business. Legal nurses consult to law firms, and insurance companies. AIHCP offers core courses in Legal Nurse Consulting that help prepare registered nurses to enter into this field and better diversify their talents. If you are interested in becoming a certified legal nurse consultant, you should review the courses at AIHCP and see if they correlate with your career aspirations. If you are qualified, you can become certified after taking the core courses and begin an exciting career as a legal nurse consultant.

certified legal nurse consultant
certified legal nurse consultant

So if you want to become a certified legal nurse consultant, it is suggested that you learn more about it via our website.   All the courses in legal nursing are available online and you can enroll at any time.

The Role of The Legal Nurse Consultant

Posted on by Dominick Flarey

Whenever some medical-related litigation cases occur, it is often the job of the legal nurse consultant to work hand in hand with attorneys to be able to review and evaluate the case. They usually deal with medical and nursing malpractice, personal injuries or almost any medically-related case which calls for a sufficient medical knowledge from the field. But before anything else, perhaps you might be wondering what these legal nurse consultants are and what they tend to do for a living. To provide insight into their practice, let us take some time to understand this practice specialty.
A legal nurse consultant is a registered nurse and will be the one to perform such tasks as critical analysis of clinical and administrative practice and deal with any other healthcare issues. They act as the bridge between the medical and legal system. They often possess professional insight in both health and medical aspects and legal guidelines at the same time. However, you have to take note that these consultants are nursing experts and not merely paralegals. That is, they specialize more on the field of nursing and health care and are often considered to be experts in these fields.

 What are the roles of a legal nurse consultant?

There are indeed a lot of important roles of the legal nurse consultant. To provide you with a deeper understanding of the various important roles that a legal nurse consultant plays, let us review them.

1. Reviewing and Researching Medical Records

Medical records are among the most important things to consider in any medical-related case. As legal nurse consultants, it is their responsibility to review and research medical records which are relevant to the case. This will help in determining the type of medical negligence as well as to identify any medical records which might possibly have been missing or else tampered. The medical records in turn will also provide the legal nurse consultant additional knowledge regarding the type of service being provided to the client. They will often develop time-lines for the incident of care in question so that attorneys may better understand the process of care and determine issues of negligence.

2. Investigation and Thorough Analysis of the Case

It is very vital for a legal nurse consultant to make several investigations and analysis of a particular case. Being a case investigator, there are in fact a lot of services which a legal nurse consulting should be able to provide to his/her clients. These may include such services as the investigation of any fraud within the government funded agencies and also researching whether or not the victim is applicable for compensation and claims. They particularly focus on standards of care related to the case they are working on. They provide expert analysis on defining the appropriate standards of care and assisting the legal team to identify the types of testifying experts to call into the case for deposition and trial testimony to support allegations of deviations from standards of care.

3. Expert Witness Testimony

Attorneys frequently hire legal nurse consultants to provide actual expert witness testimony. In such cases, the legal nurse will provide a deposition and actually testimony in trials. In these cases, the legal nurse may only testify to deviations from standards of nursing practice and not issues of medical standards of care. They may be retained to provide testimony for either defendants or plaintiffs. Their testimony can be invaluable to the outcomes of such cases.

4. Deposition and Trial Consultant

It will be somewhat challenging for an expert attorney doing all of the tasks themselves regarding a particular case. That is why retaining a legal nurse consultant can be extremely beneficial. Legal nurses assist in the preparation of depositions for trial. They assist attorneys in developing appropriate questions to ask in depositions related to the medical and/or nursing aspects of the case. They are frequently seen with the attorney’s team in the court room during a malpractice or personal injury trial.

5. Research and Education

One of the primary roles of the legal nurse is to conduct extensive research for the legal team. Along with this role they also function as primary educators for the legal team. They will review and study many sources of standards of care and then educate the team on how the standards related to the case in question. They teach the legal team the meaning of important medical terms related to the case as well. The legal nurse is the health care expert on the team and her/his knowledge and research and teaching abilities are central to the legal team pursuing a litigation or a defense.

Where do they Practice?

There are many areas that legal nurse consultants practice in today. Some include the following:
In their own practices as independent contractors
In legal firms
In hospital risk management departments
In personal injury and malpractice insurance organizations
In nursing education and staff development
In government agencies
In firms specializing in trial consulting
In legal research departments
The role of the legal nurse consultant isn’t just an ordinary practice. It is a high-level practice that merges the legal world with the health care world. Over the years more and more registered nurses are choosing to enter this specialty practice. While the stress in this position is very high, the rewards and economic benefits can be excellent. Do you want more comprehensive  information about legal nurse consulting? Access here

American College of Legal Nurse Consulting

Posted on by Dominick Flarey

Nure next to a scale and gavelThank you for visiting our AIHCP web blog. This category of the blog focuses on the specialty practice of Legal Nurse Consulting. Our blog provides our visitors and professional members and students an ever expanding platform for related articles, information, discussions, event announcements and much more. We invite your participation by posting comments, information, sharing and authoring for our blog. Please visit us often and be sure to book mark us!

Welcome to the American Institute of Health Care Professionals Blog!

Posted on by Dominick Flarey

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