Legal Nurse Consulting: Expert Witness

Posted on April 30, 2012October 13, 2022 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 April 23, 2012October 13, 2022 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.