See on www.youtube.com
See on www.youtube.com
The article, “Altered Medical Records, Lose the Case: Part I”, by David Mittleman
“Altering medical records is no laughing matter and for doctors involved in medical malpractice suits it could mean the kiss of death Take for example a New York jury who recently awarded”
A good review of committing fraud by altering medical records. Altered medical records can lead to law suits and more importantly personal injury. Any legal nurse consultant should read this and know what to look for and how to prevent records from being altered. If you feel you need more information you should study up by taking legal nursing courses. Again this article is Highly recommended!
See on lansing.legalexaminer.com
A legal nurse consultant is a registered nurse that has been extensively educated and trained in the area of health care malpractice law. They come to this position with extensive backgrounds in health care, nursing and care delivery. Their health care knowledge and skills provides them a real opportunity to be of great asset in cases of malpractice. Many law firms and self-employed lawyers are seeking the services of legal nurse consultants to assist in them in preparing for litigation of cases. The nurse works to assist the lawyers in understanding medical terms and conditions and diagnostic procedures. They review patients’ medical records and also identify deviations from the standards of care. Lawyers find that they are invaluable in assisting in such cases. Their presence in the legal world is becoming more solid. More nurses are entering this field of specialization today. The curriculums for education are very intense and the nurses spend a great deal of time studying the elements of malpractice related to deviations in the standards of care.
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.
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.
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.
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.
By: Sylvia Bradford
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.
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.
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.
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.
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.
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.
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.
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