Nursing home abuse continues to be a big issue for the elderly and their families. Legal Nurse Consulting is used many times in these cases. Qualified legal nurse consultants can help fight the injustice in these cases. If you would like to become a legal nurse consultant then please review our Legal Nurse Consultant page
Please also review the article, “Nursing home abuse, physical or otherwise, is unacceptable, says AMAC”
The article states, “Abuse of the elderly in nursing homes is an ugly, little secret that needs airing and it goes beyond physical abuse, says the Association of Mature American Citizens.
“AMAC president Dan Weber is calling for states, localities and the federal government to use their authority to ensure the safety of nursing home residents. “Family members need to get involved, as well. They need to check out their chosen facilities to find out if there is a past history of abuse.”
Good article to avoid malpractice and keep the patient safe and healthy. This article looks at five ways to prevent nursing negligence
If you are interested in legal nurse consulting then please review our program and see if it matches your academic and professional needs. As a certified legal nurse consultant you can help patients find justice with malpractice and also educate others in how to avoid it. Legal Nurse Consulting is an excellent certification for nurses with a legal understanding of medical law
The article, “PREPARING FOR MEDICAL MALPRACTICE LEGAL ACTION” by John Damron states
“With a rise in medical malpractice cases, it is important that your firm be visible to prospective clients Make your firm visible to victims of malpractice.”
American Institute Health Care Professionals‘s insight:
A good article for Certifed Legal Nurse Consultants. If you are interested in learning more about legal nurse consulting, then please review our program. With so many malpractices, lawyers are looking for good legal nurse consultants to help with their cases
Legal Nurse Consulting Can Help You Choose The Right Lawyer.
If you are in the middle of a personal injury lawsuit, you may feel a bit overwhelmed and hopeless. You must be sure that you learn all you can about this situation, and that’s what this article aims to assist you with. Continue reading for more tips on preparing a winning case.
Choose a lawyer you like. You don’t need to stay with one that you don’t get along with just because that person knows what they’re doing. If you don’t get along with them, you won’t win your case. Legal nurse consulting can help you understand the medical terms so you can make your choice correctly.
You should not move your vehicle after an accident unless a law enforcement officer tells you to. Moving the car can lead to more damage, leaving you at least partially liable. When it’s in a busy street’s intersection, that’s the only exception.
If you receive injuries in a car crash or while at work, get yourself a lawyer right away. Time is important with this kind of suit. When you hire a lawyer quickly, he will be able to help you gather photographic evidence, take witness statements, and interview parties involved.
Prepare yourself before meeting with your lawyer. When they work on contingency, this is even more important. Your lawyer will only get money if you get a favorable ruling, so it is possible they may turn your case away if you don’t have adequate information. Bring everything needed with you. Also talk to a legal nurse as well to get a medical point of view.
Save all receipts related to your personal injury expenses. You can use these items to show how much money you had to pay as a result of your injury. If you don’t keep these, the court may not reimburse this money.
Take your time choosing your personal injury lawyer. Often people will rush to choose a lawyer to represent them. This is almost always a mistake. There could be a superior lawyer that may be better for you. Do some research and interview a good selection of lawyers before you choose one to represent you.
If you’re handling your case yourself, you must locate every policy that the at fault party owns. Perhaps you can make multiple claims. If the at-fault party will not willingly give you the information, you can compel the court to order them to do so. Lastly make sure you get advice from a legal nurse consultant.
Never hire a lawyer off the TV. This is not a good way to judge if a lawyer is competent. If you want to consider such a lawyer, be sure you research them thoroughly before making an appointment. Failing to do this may sabotage your case, costing you even more money and making it impossible to hire a talented lawyer.
When you’re thinking of getting a personal injury lawyer, pick out one that is close by. This person and you will be spending lots of time together, therefore, the more convenient his office location is, the better it will be for you. Email and phone calls just won’t cut it for some types of needed conversation.
Before choosing a lawyer, do your research about them. Various firms and lawyers deal with certain cases, and you also need to look at their history. Hire someone that is familiar with cases like yours.
Assist your lawyer in finding holes in the other party’s story when dealing with a court case. If you can prove the other side is lying your case becomes very easy to win. These lies will make the judge or jury doubtful of their entire case, and cause your side to be much more believable.
Hopefully you now have a much better understanding of what can be done to help you build your personal injury case. You have to get started on hiring a lawyer, so use the tips that you have learned to help you do that. It’s time to get going now, so get to work!
If you are interested in online continuing health care education, you should take a look at our website.
The chance of a health care provider being sued is always high and realistic. Legal nurse consultants can help in cases where there is legitimate case or even defend the health care provider if they feel the patient is in the wrong. One such area is radiology. Below is research on malpractice within radiology.
The article, “The demography of medical malpractice suits against radiologists.”, by Department of Radiology, University of Medicine and Dentistry of New Jersey-New Jersey Medical School states
“PURPOSE: To delimit demographic characteristics of malpractice claims against radiologists in the United States by sex and location and to note the varying percentages of favorable outcomes and award amounts to plaintiffs by state.”
Medical or Health Care malpractice can be defined as a professional negligence by a medical professional i.e. a doctor, a surgeon, a nurse or any other healthcare professionals that results in emotional or physical harm to a patient. Medical malpractices come in many forms. For instance, a medical malpractice can be as a result of an act or an omission of a necessary act or care that eventually harms a patient.
The four elements of medical malpractice
There are four main elements that have to be proven in any given medical malpractice case. These elements include; duty, breach of duty, damage and cause. These elements have to be assessed for a medical malpractice case to be determined.
Duty as the name suggests refers to the doctor patient, or health care provider relationship whereby a duty exists for the doctor to treat a patient according to the set professional code of conduct and practice. For a medical malpractice case to be determined, there must have been a given duty owed (to a patient) by a given healthcare practitioner i.e. doctor, nurse, pharmacist e.t.c charged with the care of a patient. The doctor-patient relationship is a common example of a situation where that duty would exist. A good example of a malpractice based solely under duty is when there is delayed treatment which is treatment that over four hours late. In such a case the duty owed is breached by a responsible party. It is however important to note that a medical malpractice case has to prove that all the four elements exist for it to qualify as a legal medical malpractice case.
2. Breach of duty
Breach of duty in medical malpractice occurs in cases where a healthcare professional who has been charged with the responsibility/duty of care for a given patient fails in his or her duty by failing to exercise a certain acceptable degree of care or a given medical skill that any other healthcare professional practiseing in the same capacity or specialty would be able to give or address in equal circumstances. Such medical malpractices considered when an expert or experts in similar fields confirm that the professional should have been able to adhere to the set standard of care as required. A medical malpractice example based on breach of duty may include a practitioner i.e. a doctor failing to prescribe standard medication that may have serious health implications on a patient. A medical malpractice case has to proof that a practitioner breached their duty for compensation among the other elements for the case to qualify.
In cases of medical malpractice damage, the patient has to have suffered either physical or emotional injury while under the care of a given healthcare professional/practitioner. This is among the most common element that dominates medical malpractice cases. For instance a medical practitioner i.e. a doctor may have operated a patient without following the set code/standards which eventually results in physical injury. A good example would be to operate on a patient and causing more new injuries that were not there initially or aggravation an existing injury. A medical malpractice case has to prove that the medical practitioner caused the new damage or aggravated as well as proof the existence of the elements for a case to qualify for hearing which can eventually lead to a patient wining the medical malpractice case and eventually getting compensated.
The last element of medical malpractice is cause. For a medical malpractice legal case, there has to be concrete/solid proof that a given medical practitioner/professional directly caused a patient injury. Like all the above elements, the cause of injury must be as a result of all the above elements i.e. a breach of duty, duty and damage causing injury to a patient. Such medical malpractice cases are also common for instance when a doctor or a pharmacist prescribes the wrong medicine to a patient and then the patient takes the prescribed medicines and falls ill. The ’cause’ has to be proved in a medical malpractice case.
In conclusion, a successful medical malpractice lawsuit has to prove the existence of all four elements mentioned above four elements. If a healthcare practitioner being sued is able to prove that none of the elements exists, then the medical malpractice case is dropped.
Are you interested in becoming a Legal Nurse? If you are a registered nurse than you may qualify to enter a legal nurse consulting program. Legal nurse consulting is a highly rewarding career specialty for nurses and continues to be in high demand in our country. If you would like to learn more about a legal nurse courses and programs, click here.
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 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.
If you have been a nurse for a long time then you might be tired of working directly with patients. Working with patients may get tired after a while and you may find that you are tired of working on the floor. Working on the medical floor of a hospital can get very tiring if you have been doing it for a long time. You should look to put your professional skills and knowledge to more use. You should look online for courses to get your legal nurse consulting certification. This certification will allow you to work with legal experts regarding court cases and other type of legal activities. Do not be afraid to speak with people that can help you with your certification as it pays very well and you will like working in an office setting for a change. See if you qualify for financial aid if you need money to help you get your certificate.