legal nurses

Legal Nurse and testifying as expert witness

Posted on by Dominick Flarey

In the intersections of healthcare and the legal system, the role of an expert witness nurse is pivotal. These professionals bridge the gap between two complex fields, employing their specialized knowledge to clarify medical issues for legal proceedings. The importance of such a role cannot be overstated; it demands a blend of clinical expertise and legal acumen, enabling these nurses to contribute invaluable insights in legal battles. Their participation not only aids in the administration of justice but also ensures that healthcare standards are upheld within the judicial system.

Legal nurses play a large role as witness and must need to know how to prepare and testify for malpractice cases. Please also review AIHCP’s Legal Nursing Program

Legal nurse consultants, often referred to as nurse experts, play a crucial role in the intersection of healthcare and law. They provide essential litigation support services, which can range from reviewing medical records to testifying in court as expert witnesses. This article explores the multifaceted responsibilities of legal nurse consultants, the nuances of testifying as a nurse expert witness, and the skills required to excel in these roles.

Key Takeaways

  • Legal nurse consultants, also known as nurse experts, provide critical litigation support, often reviewing medical records that serve as evidence in court.
  • Testifying as a nurse expert witness involves a higher pay rate and a more active role in legal proceedings, including depositions, hearings, and arbitration.
  • While legal nurse consultants and expert witnesses share some responsibilities, the roles are distinct; any nurse can serve as an expert witness if they maintain their credentials and clinical activity.
  • Essential skills for effective testimony include clear communication, professionalism, and the ability to handle cross-examination.
  • Building a career as a nurse expert witness involves networking with law firms, continuing education, and marketing one’s services.

This article delves into the multifaceted realm of legal nurse consulting, providing a comprehensive overview from educational pathways and certification programs for aspiring expert witness nurses to the intricate testifying process they navigate. It outlines the essential skills required for effective legal nurse consulting, common cases these expert witnesses engage with, and strategies for building a successful career in this niche field. Furthermore, it offers guidance on preparing for courtroom testimony, a critical component of being an expert witness nurse. Through this exploration, readers will gain insight into the interplay between nursing expertise and legal advocacy, underlying the significance of these professionals in ensuring fair and informed legal outcomes.

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.

Overview of Legal Nursing

Understanding the Field

Legal nursing integrates the expertise of nursing practice with the legal system, providing critical insights in various legal contexts. Legal Nurse Consultants (LNCs) are registered nurses who apply their medical knowledge to the legal field, particularly in cases like medical malpractice and personal injury lawsuits. These professionals serve as a bridge, making complex medical information accessible and understandable to legal experts.

Key Responsibilities

The primary responsibilities of a Legal Nurse Consultant include reviewing and analyzing medical records, identifying deviations from standard care, and providing expert opinions on medical matters. They play a crucial role in educating legal professionals about medical concepts, which is essential for building strong legal cases. Furthermore, LNCs assist in translating medical jargon into clear language for juries and other non-medical personnel involved in legal proceedings.

LNCs are often employed in various environments such as hospitals, law firms, insurance companies, and healthcare organizations. Their expertise is not only valuable in courtrooms but also in developing legal strategies, preparing legal documents, and offering guidance on healthcare-related legal cases. By combining their nursing knowledge with legal insights, they ensure accurate representation of medical facts, thereby influencing the outcomes of legal disputes and enhancing the standards of healthcare practice in legal contexts.

Educational Pathways for Legal Nurses

Nursing Programs

A career as a legal nurse consultant begins with obtaining a nursing degree. Prospective legal nurses generally start with either an Associate’s Degree in Nursing (ADN) or a Bachelor’s Degree in Nursing (BSN). An ADN program, which can be completed in about 24 months, qualifies graduates to take the NCLEX-RN exam and apply for RN licensure. This pathway is suitable for students eager to enter the workforce promptly or those looking to minimize educational expenses.

However, for those aiming to specialize as legal nurse consultants, a BSN is often preferred or required by employers. A four-year BSN program provides a comprehensive curriculum that includes coursework in nursing informatics, law and ethics in nursing, and risk reduction. These programs not only prepare students for a broader range of job opportunities and potentially higher salaries but also lay the groundwork for graduate studies, which can further enhance career advancement.

Specialized Courses

After completing the foundational nursing education, aspiring legal nurse consultants can enhance their expertise through specialized training programs or courses. These educational offerings cover a variety of pertinent topics such as medical record analysis, legal terminology, healthcare laws and regulations, and expert witness testimony. Good legal nurse consulting education programs such as the American College of Legal Nursing incorporate case studies, allowing students to apply their knowledge to real-world scenarios, thus honing their critical thinking skills.

These specialized courses are crucial for understanding the various healthcare-related legal issues, such as medical malpractice claims, personal injury lawsuits, and workers’ compensation disputes. By engaging with these practical applications, students not only learn to analyze and evaluate complex cases effectively but also prepare for roles that require them to serve as liaisons between the healthcare and legal sectors.

By following these educational pathways, individuals can build a solid foundation in nursing and gain the specialized knowledge necessary to excel as legal nurse consultants.

Legal Nurse Certification Programs

Available Certifications

The American College of Legal Nurse Consulting offers a four year certification for nurses looking to earn certification as a Legal Nurse Consultant.  The program is online and independent study and open to qualified professionals.  The program leads to a four year certification for nurses.  Please review and see if the program meets your academic and professional goals and needs.

AIHCP also offers certifications for healthcare professionals who are seeking certification in Healthcare and Malpractice Consulting, as well as Healthcare Ethics Consultant Program.

Requirements

To pursue a career as a certified legal nurse consultant, individuals must first obtain an associate degree in nursing or a Bachelor of Science in Nursing, followed by passing the NCLEX-RN exam to become a registered nurse. While certification is not mandatory, it significantly enhances a nurse’s credentials in the legal consulting arena. The certification process involves passing the AIHCP’s core courses, which confirms that the nurse has met the necessary educational and experiential standards.

Continuing education plays a critical role in maintaining certification and licensure. Legal nurse consultants are encouraged to continually expand their knowledge on relevant clinical and legal topics, and hone skills such as research and writing, which are crucial in this specialty practice. This ongoing education ensures that legal nurse consultants remain valuable to their clients and employers by staying current on medical and legal issues.

By adhering to these pathways and requirements, nurses can establish themselves as proficient legal nurse consultants, equipped with the credentials and knowledge necessary to excel in this niche field.

Understanding the Testifying Process

Pre-Trial Preparation

Legal nurse consultants play a critical role in the pre-trial phase, especially in medical malpractice and personal injury cases. They start preparing for trial from the day they are assigned a case, which involves reviewing medical records, developing a treater list, and creating medical chronologies or summaries. These documents are essential as they help attorneys understand the medical aspects of the case and serve as a foundation for developing trial strategies.

Moreover, legal nurses are responsible for identifying additional treaters and obtaining their records. This proactive approach prevents the last-minute rush to gather necessary documents and ensures that all pertinent information is available well in advance of the trial. They also prepare reports on expert opinions, which are crucial for fine-tuning trial strategies and making informed decisions during the trial.

Legal Nurses spend long hours preparing for testifying in a malpractice case.

During the Trial

During the trial, the role of the legal nurse consultant expands to include advising attorneys on the accuracy and completeness of medical expert testimonies. They are often present in the courtroom, assisting the legal team by providing insights into medical terminology and procedures, which enhances the effectiveness of the arguments presented.

Legal nurse consultants may also testify as expert witnesses, where they share their specialized knowledge on nursing standards of care and the extent of injuries sustained by plaintiffs. Their testimony can significantly influence the jury’s understanding and the overall outcome of the case. The ability to articulate complex medical information in a clear and accessible manner is crucial, as it helps bridge the gap between medical facts and legal arguments.

In summary, the involvement of legal nurse consultants in both the pre-trial preparation and during the trial is vital. They ensure that all medical aspects of the case are accurately represented and understood, which is essential for achieving just and informed legal outcomes.

Skills Essential for a Legal Nurse Consultant

Analytical Skills

Legal nurse consultants are required to possess strong analytical skills that allow them to review and interpret medical records critically. These professionals must understand the legal implications of medical practices by applying the 4 Ds of medical malpractice: duty, dereliction of duty, direct causation, and damages. Their ability to discern whether these elements are present in a case is crucial for determining the validity of claims. Analytical thinking extends beyond mere critical analysis; it involves a deep understanding of how medical negligence may lead to patient harm and how it can be demonstrated in legal contexts.

Communication Skills

Effective communication is paramount for legal nurse consultants. They must articulate complex medical information clearly and concisely to various audiences, including attorneys, judges, and juries. This requires excellent verbal and written communication skills, ensuring that all interactions and documentation are understandable and professionally presented. Active listening is also a critical component, as it helps in understanding and addressing the concerns of all parties involved in legal proceedings. Moreover, non-verbal cues such as facial expressions and body language play a significant role in building trust and rapport. Legal nurse consultants should be adept at using patient-centered communication techniques, such as teach-back methods, to confirm understanding and foster adherence to medical advice.

Professionalism on the Stand

Besides being an expert in their field, a Nurse Expert Witness should also be proficient at testifying in a clear manner and capable of conveying a sense of professionalism and competence on the witness stand.

Handling Cross-Examination

When serving as an expert witness, you might need to develop exhibits or suggest case strategies. Being resourceful can help you find the information you need to support your testimony. Additionally, strong organizational skills are crucial for taking complex information and organizing it in a way that makes sense to others.

These skills not only enhance the effectiveness of legal nurse consultants in their roles but also contribute significantly to the outcomes of legal cases involving healthcare issues.

Challenges and Rewards of Being a Nurse Expert Witness

Common Challenges Faced

Being a nurse expert witness is not as easy as some might expect. The responsibilities are demanding, and the requirements are many. One of the primary challenges is the need to maintain a sound reputation for honesty and sustain the credentials to back up their testimony. Additionally, the emotional toll of vicariously coping with patients’ trauma can be significant.

Personal and Professional Rewards

Despite the challenges, there are numerous rewards to being a nurse expert witness. These professionals can earn a substantial income for their efforts. More importantly, they play a crucial role in legal outcomes, providing expert opinions that may very well rest on the decision of a malpractice case. The sense of contributing to justice and the legal process can be immensely satisfying.

Balancing Clinical and Legal Work

Balancing clinical duties with legal responsibilities can be tricky. It requires excellent time management and organizational skills. However, the dual role can also be enriching, offering a diverse and dynamic career path.

The journey to becoming a nurse expert witness is demanding but ultimately rewarding, offering both financial and professional satisfaction.

Legal and Ethical Considerations

Maintaining confidentiality is a cornerstone of ethical expert witness testimony. Any action attempting to mislead counsel, factfinders, or community about the forensic nurse’s professional background or qualifications fails to uphold the ethical standards. Legal nurse consultants must ensure that all patient information is kept confidential and only disclosed when legally required.

Legal nurse consultants must adhere to all relevant legal standards and guidelines. This includes understanding the legal implications of their testimony and ensuring that their professional opinions are based on sound medical knowledge and evidence.

Ethical dilemmas can arise during testimony, such as conflicts of interest or pressure to alter testimony. Legal nurse consultants must navigate these challenges while maintaining their professional integrity. They should be prepared to address any ethical issues that may arise and seek guidance when necessary.

Ethical considerations are paramount in ensuring the integrity and credibility of the legal nurse consultant’s testimony.

Common Cases Legal Nurses Work On

Legal Nurse Consultants (LNCs) frequently engage in a variety of cases where their specialized knowledge significantly impacts legal outcomes. Two of the most common types of cases they work on are medical malpractice and personal injury cases.

Medical Malpractice

Most cases involving malpractice require expert testimony from legal nurse consultants or other healthcare professionals

Medical malpractice cases are a primary area where Legal Nurse Consultants provide essential insights. In these cases, LNCs review patient records, analyze the care provided, and identify deviations from standard medical practices. Their expert testimony can clarify whether the healthcare provider’s actions or omissions breached the duty of care owed to the patient, directly causing harm. This role is crucial, as their professional evaluation helps to establish the presence of negligence necessary for the case.

Personal Injury Cases

In personal injury cases, Legal Nurse Consultants assess the extent of injuries claimed and correlate them with the evidence presented. They evaluate medical records and other related documents to determine the impact of an injury on the victim’s life and the ongoing medical needs that may arise as a result. Their findings support legal arguments by providing a clear, medically informed perspective on the injury’s consequences, which is vital for the resolution of these cases.

In both scenarios, the expertise of Legal Nurse Consultants bridges the gap between medical understanding and legal representation, ensuring that factual, medical insights inform the judicial process. This integration of knowledge helps to uphold justice and accuracy in the handling of medically related legal cases.

Nursing Board Proceedings

Nurse expert witnesses are often called upon in nursing board proceedings to evaluate whether a nurse’s actions were in line with professional standards. Their expertise is essential in determining the outcome of disciplinary actions and ensuring that the nursing profession maintains high standards of care.

The need for expert nurse witnesses is growing, and the job is becoming increasingly important in various legal contexts.

Successful Testimonies

One of the most rewarding aspects of being a nurse expert witness is the opportunity to contribute to cases that have significant impacts on people’s lives. For instance, Jennifer from New York shared her experience of testifying in a medical malpractice case where her detailed analysis of medical records was crucial in securing a favorable outcome for the plaintiff. This case not only highlighted her expertise but also underscored the importance of having a solid clinical foundation.

Lessons Learned from Failures

Not all testimonies lead to successful outcomes, and there are valuable lessons to be learned from these experiences. One expert nurse witness recounted a case where a lack of specialized knowledge in a specific clinical area led to a less favorable outcome. This underscores the importance of focusing on areas where you have a strong clinical background, as best practices advise legal nurse consultants to work only on cases in which they have a solid clinical foundation.

Impact on Legal Outcomes

The impact of a nurse expert witness on legal outcomes cannot be overstated. In many cases, their testimony can be the deciding factor in the jury’s decision. For example, in a wrongful death case, the expert’s testimony on the standard of care provided crucial insights that helped the jury understand the nuances of the case. This not only demonstrates the intellectual stimulation involved in working on such cases but also the personal reward of making a consequential contribution to people’s lives.

Working on cases is intellectually stimulating, since no set of facts is ever the same. The work is also personally rewarding, because you are making an important contribution to work that is consequential to people’s lives.

Building a Career as a Legal Nurse Consultant

Networking Tips

Networking is a pivotal strategy for legal nurse consultants aiming to establish and grow their independent practices. Engaging actively in professional associations, such as the American Association of Legal Nurse Consultants, is beneficial. Participation goes beyond membership; it involves attending meetings, joining committees, and volunteering for projects, which enhances visibility and credibility among peers. Additionally, leveraging social media platforms like LinkedIn and Facebook can connect legal nurse consultants with potential clients and other professionals in the field. Regular interaction through these channels, combined with traditional networking at conferences and local events, provides multiple touchpoints with prospective clients, crucial for business development.

Job Market Insights

The demand for legal nurse consultants continues to rise, attributed to their specialized knowledge in bridging healthcare and legal issues. The U.S. Bureau of Labor Statistics anticipates a 7% growth in registered nurse positions from 2019 to 2029, surpassing the national average for all occupations. This growth reflects the increasing need for healthcare professionals who can also navigate legal complexities. Legal nurse consultants can find opportunities in various settings, including law firms, insurance companies, and healthcare facilities, where they review medical records, provide expert testimony, and assist in case management. The potential for career advancement is significant, with options to pursue further certifications like the Legal Nurse Consultant Certified (LNCC) credential or advanced degrees, which open doors to higher-level roles and increased income potential.

The Financial Aspects of Testifying as an Expert Witness

Compensation Rates

Nurse expert witnesses can earn a substantial income for their services. Compensation rates vary widely based on factors such as experience, specialty, and the complexity of the case. Typically, these rates are negotiated with the respective attorney. Here is a general breakdown of potential earnings:

Experience Level Hourly Rate (USD)
Entry-Level $100 – $150
Mid-Level $150 – $250
Senior-Level $250 – $400+

Billing Practices

Billing practices for nurse expert witnesses can differ, but they generally include charges for time spent on case review, report writing, and actual testimony. It’s crucial to maintain detailed records of all activities and time spent. Common billing practices include:

  • Hourly billing for case preparation and testimony
  • Flat fees for specific services like report writing
  • Retainers to secure services in advance

Negotiating Fees

Negotiating fees is an essential skill for nurse expert witnesses. The negotiation process should be transparent and reflect the expert’s level of expertise and the demands of the case. Factors to consider during negotiations include:

  1. Complexity of the case
  2. Time commitment required
  3. Travel expenses
  4. Market rates for similar services

Expert witnesses provide technical or scientific testimony and are compensated based on negotiations with the respective attorney. Funding and compensation should be clearly outlined in a contract to avoid any misunderstandings.

By understanding these financial aspects, nurse expert witnesses can ensure they are fairly compensated for their valuable contributions to legal cases.

Preparing for Successful Courtroom Testimony

Legal nurse consultants play a crucial role in the preparation for courtroom testimony, ensuring that all medical aspects of the case are thoroughly understood and well-represented. This preparation begins from the moment the case is assigned, with the development of a comprehensive trial notebook that includes reports, medical records, and a PowerPoint presentation if necessary. By starting early, legal nurse consultants avoid the rush of last-minute preparations and ensure a smooth transition to the trial phase.

Mock Trials

Participating in mock trials is an essential part of preparation. These simulated courtroom settings provide a valuable opportunity for legal nurse consultants to practice and refine their testimony. Mock trials help in understanding the dynamics of a real courtroom and allow consultants to receive feedback on their presentation skills, including their ability to communicate complex medical information clearly and effectively. This rehearsal process is critical in building confidence and ensuring that their testimony is impactful and persuasive.

Dressing Professionally

The importance of dressing professionally cannot be understated in the context of courtroom appearances. Appropriate attire not only reflects respect for the court but also establishes the credibility of the legal nurse consultant as a serious and professional witness. It influences how jurors, judges, and other courtroom participants perceive their expertise and reliability. Therefore, choosing the right attire is a strategic aspect of courtroom preparation, contributing to the overall effectiveness of the testimony.

Throughout the preparation process, legal nurse consultants engage in various activities to ensure their readiness for trial. They develop and update medical chronologies and summaries, create and maintain lists of treaters and providers, and prepare documentation such as timelines, graphs, and charts that may be used as demonstrative evidence. They also coordinate with medical experts to review and discuss the medical issues pertinent to the case, ensuring that their testimony is well-supported by factual evidence and expert opinions. This comprehensive approach to trial preparation is pivotal in helping attorneys present a well-structured and convincing argument in court.

Conclusion

Please review The American College of Legal Nurse Consulting and AIHCP’s Legal Nurse Consulting Certification, Healthcare Legal and Malpractice Consultant Certification and Healthcare Ethics Consultant Program and see which one fits your academic and professional goals

Throughout the exploration of the role and significance of legal nurse consultants, it’s evident that these professionals serve as a critical nexus between the realms of healthcare and law. By leveraging their specialized knowledge and skills, legal nurse consultants illuminate complex medical issues within legal disputes, ultimately contributing to the fair administration of justice. Their role in analyzing medical records, offering expert testimony, and aiding in the navigation of medical malpractice and personal injury cases underscores the invaluable insight they bring to legal proceedings. While many LNCs primarily focus on reviewing medical records and providing litigation support, those who choose to testify as expert witnesses play a crucial role in legal proceedings. Testifying as an expert witness not only demands a deep understanding of nursing practices but also the ability to communicate findings clearly and professionally in court. This dual capability of consulting and testifying enhances the value of nurse experts in legal cases, making their expertise indispensable. As the demand for expert testimony continues to grow, the opportunities for nurses in this specialized field are both lucrative and impactful.  The journey from acquiring foundational nursing education to excelling as a certified legal nurse consultant illustrates a pathway marked by dedication, continuous learning, and a commitment to bridging two vital sectors of society.

As individuals embark on or advance within this compelling career, the importance of ongoing education, certification, and networking cannot be overstressed. The evolving nature of both healthcare and legal fields means that legal nurse consultants must remain at the forefront of current practices and procedures to effectively contribute to case outcomes. Their work not only supports the legal process but also upholds the integrity and standards of healthcare practices through meticulous analysis and informed testimony. For those interested in making a meaningful impact at the intersection of law and medicine, a career as a legal nurse consultant offers a unique and rewarding opportunity to enhance both sectors.

Please also review The American College of Legal Nurse Consulting and it’s Legal Nursing Certification. The program is designed to train nurses and certify them into the field of Legal Nursing.  AIHCP also offers certifications for healthcare professionals who are not nurses and are looking to work in Healthcare Legal and Malpractice Consulting, as well as program to in healthcare ethics.  The programs are online and independent study and open to qualified professionals.  The courses lead to a four year certification which is renewed every four years.  Healthcare professionals wishing to enhance their professional resume and work in legal field can benefit from certifications.

FAQs

  1. What are the responsibilities of a nurse serving as an expert witness?

    A Legal Nurse Consultant (LNC) is a registered nurse who uses their expertise in healthcare to consult on medical-related legal cases. They assist attorneys by reviewing medical records, providing expert opinions, and sometimes testifying in court.  Expert nurse witnesses are responsible for providing critical insights into nursing practices to judges and juries. Their expertise significantly influences legal decisions, thereby impacting the U.S. legal system.  The key responsibilities include reviewing and analyzing medical records, preparing reports, assisting in case preparation, and offering expert opinions on healthcare-related issues in legal cases.

  2. How does a legal nurse consultant differ from an expert witness? Legal nurse consultants can act as expert witnesses, either defending healthcare providers or supporting the patient’s legal team. An expert witness typically possesses extensive knowledge through advanced degrees, licenses, and research in their field. Many also hold board certifications. While both roles involve expertise in nursing, an LNC primarily focuses on consulting and reviewing medical records, whereas a Nurse Expert Witness is more involved in testifying and providing expert opinions in legal proceedings.
  3. What role does a testifying nurse expert play during depositions and trials? A testifying nurse expert’s primary duty is to review medical records and assess whether the standard of care was met. They usually prepare a written report for the attorney, which is then submitted to the court. Unlike legal nurse consultants (LNCs), nurse experts may also be required to testify in depositions or trials.  Nurse Expert Witnesses are often required in cases of medical malpractice, personal injury, and nursing board proceedings. They provide critical insights and testimony that can influence the outcome of these cases.

    Effective testimony requires clear communication, professionalism, and the ability to handle cross-examination. A Nurse Expert Witness must convey their expertise confidently and clearly to the court.

  4. Who is qualified to be a forensic expert witness in nursing? Nursing students who pursue a Master’s Degree with a specialization in forensic nursing are trained to examine victims, manage evidence, and provide courtroom testimony about their findings.  To become an LNC, one typically needs to be a registered nurse with clinical experience. Additional certification in legal nurse consulting can enhance credibility, but it is not always required.

 

Additional Resources

“Legal Nurse Consultant”. (2023). Every Nurse Staff.  Every Nurse.  Access here

“How Is a Legal Nurse Consultant Used in a Trial?” (2015). Center for Legal Studies.  Access here

“First Deposition as an Expert?”. Expert Witness Nurses.  Access here

Lott, J. et, al. (2001). “The Nurse Expert Witness”. Science Direct.  Access here

Legal Nurse Certification: Crafting and Writing Expert Opinions

Posted on by Dominick Flarey

In a world where the complexities of healthcare intersect with the intricacies of law, the role of a professional with a legal nurse certification becomes indispensable. This unique blend of nursing expertise and legal acumen allows for the translation of medical jargon into comprehensible, court-admissible documentation and expert opinions, particularly in cases of medical malpractice. The importance of such a role cannot be overstated, as it not only bridges two highly specialized domains but also contributes significantly to the administration of justice in healthcare-related legal disputes.

Legal Nurses are required to not only testify sometimes as an expert witness but to also prepare and draft reports on the case

Writing an expert witness opinion in legal nursing is a critical task that can significantly influence the outcomes of legal proceedings. Nursing expert witnesses play a vital role in interpreting medical facts, establishing standards of care, and providing unbiased opinions that assist the court in making informed decisions. This article will delve into the various aspects of writing an expert witness opinion in legal nursing, from understanding the role and qualifications of a nursing expert witness to the impact of their testimony on legal outcomes. Further, it will dissect the practicalities of stepping into the shoes of a legal nurse consultant, navigating through the challenges and rewards inherent to the profession, and ultimately how one can build a robust career within this domain.

Key Takeaways

  • Nursing expert witnesses must have the appropriate nursing education and clinical experience to provide credible testimony.
  • Expert witness reports should be clear, concise, and well-structured to effectively communicate the expert’s opinions.
  • Understanding the legal framework, including Rule 702, is essential for nursing expert witnesses to ensure their testimony is admissible.
  • Maintaining impartiality and adhering to ethical standards are crucial for the credibility of nursing expert witnesses.
  • Continuous education and professional development are vital for nursing expert witnesses to stay updated with legal and medical advancement

Exploring the Realm of Legal Nurse Consulting

Definition and Role

Legal nurse consultants are registered nurses who possess specialized training and knowledge, enabling them to provide expert consultation and analysis on medical issues within a legal context. They serve as vital liaisons between healthcare providers and legal professionals, assisting attorneys to navigate complex medical records, understand intricate medical procedures, and evaluate the merits of claims. These consultants review medical records, decipher medical terminologies, and analyze the chronology of events to identify potential deviations from accepted standards of care, thereby equipping attorneys with the necessary information to build strong cases.

Fields of Specialization

Legal nurse consultants can specialize in various fields such as medical malpractice, personal injury, workers’ compensation, and more. Each specialization demands a deep understanding of specific medical guidelines and practices. For instance, those specializing in medical malpractice focus on identifying negligence or substandard care by reviewing medical records. Similarly, consultants working on personal injury cases provide insights into the medical aspects of injuries caused by accidents or negligence. Their expertise is crucial in assessing the standard of care provided and determining whether there has been a deviation from this standard.

The Intersection of Healthcare and Law

Legal nurse consultants play an integral role at the intersection of medicine and law, providing attorneys with invaluable expertise that can significantly impact the outcome of a case. Their ability to dissect medical records, identify deviations from accepted standards of care, and effectively communicate complex medical concepts makes them essential assets in medical-related litigation. By collaborating with legal nurse consultants, attorneys can navigate the intricacies of medical issues and enhance their chances of achieving favorable claims outcomes. Moreover, these consultants stay updated with the latest advancements in both medicine and law to ensure they provide the most current and relevant advice.

The Art of Drafting Legal Nurse Consultant Reports

Defining the Nursing Expert Witness

An expert witness is someone who, because of their education, experience, or a combination of both, has knowledge that can inform decision-makers about nursing practice standards. The most common use of expert testimony in a nursing or medical negligence case is to establish what the reasonable standards are in the circumstances and whether the nursing care provided met those standards. Mastering the art of effective communication is paramount for an expert witness.

An expert witness must have some form of specialized knowledge and experience beyond that of the court in order to assist the court in coming to a proper understanding of the evidence. Nurses’ and doctors’ professional training, skill, and experience make them ideal expert witnesses to assist in applying the art and science of their practice to the facts the court must decide. Most jurors have a limited understanding of both areas.

An expert witness may come from a nurse defendant’s own state or may come from another jurisdiction. Generally, an expert witness is an individual who by training, education, and/or experience is determined to be qualified by a court as able to assist the jury in understanding health care and the role of health care providers, and are from the same profession (e.g., nursing).

Federal Rule 702 is a cornerstone in the legal framework governing expert witness testimony. This rule mandates that the expert witness’ scientific and specialized knowledge must assist the trier of fact in understanding the evidence or determining a fact in issue. Furthermore, the testimony must be based on sufficient facts and data, and it must reflect a proper application of reliable principles and methods.

Writing the Report

Reports are a key part of the process of legal nurse consulting. Writing concise and accurate reports for a client are sometimes the only required job for a particular case

 

When drafting legal nurse consultant reports, it is imperative to recognize the dual audience that the report will address: the client (typically an attorney) and potentially their client as well. This awareness shapes the content and tone of the report, ensuring that information is delivered with clarity and professionalism. Legal nurse consultants must tailor their reports to meet the specific needs of these audiences, which may vary significantly based on the legal context and the medical specifics of the case. For instance, younger attorneys or those in smaller law firms might require more detailed explanations due to their limited access to medical expertise.

The effective legal nurse consultant report balances hard facts with a necessary degree of empathy. Empathy enhances the readability and relatability of the report, making complex medical information more accessible. However, too much empathy might risk the objectivity required in legal proceedings. Therefore, it is crucial to maintain professional boundaries and ensure that empathy does not overshadow factual accuracy and relevance. The use of empathetic language should aim to clarify rather than confuse, assisting attorneys in understanding the patient’s perspective without compromising the report’s objective integrity.

After reviewing the case materials, the next step is to formulate your expert opinion. This involves analyzing the evidence and identifying key points that support your conclusions. Your opinion should be based on a thorough understanding of the medical facts and the applicable standards of care. It is important to present your findings clearly and convincingly, as they will be scrutinized during deposition and trial testimony.

A comprehensive nursing expert witness report begins with a detailed review of all relevant documents. This includes medical records, depositions, and any other pertinent materials. Listing these documents is crucial as it provides a foundation for the expert’s opinions and ensures transparency in the review process.

The next step involves summarizing the medical events in a clear and concise manner. This summary should include the sequence of events, treatments provided, and any deviations from standard procedures. A well-structured summary helps in presenting a coherent narrative of the case.

In this section, the expert witness must explain the applicable standards of care. This involves detailing what a reasonably prudent nurse would have done under similar circumstances. The explanation should be based on established guidelines and practices within the nursing profession.

A well-structured report is crucial for effectively presenting facts and opinions. Establish the key points early, and then return to them as you elaborate. It is easier for people to follow your structure if they know in advance what you plan to discuss. Follow a logical format for presenting the key points. Consistently refer back to and develop the points you have told the reader you’ll be sharing with them.

When presenting your expert opinion, it is essential to balance objectivity and advocacy. You are tasked with providing unbiased opinions based on the facts of the case and your professional expertise, rather than personal biases or opinions. This balance ensures that your testimony is credible and reliable.  Anticipating and addressing potential counterarguments strengthens your report. By acknowledging and refuting opposing viewpoints, you demonstrate thoroughness and enhance the persuasiveness of your testimony. This approach not only prepares you for cross-examination but also reinforces the validity of your conclusions.

Delivering bad news in legal nurse consultant reports requires a sophisticated blend of honesty and tact. Reports should be straightforward yet considerate, acknowledging the potential impact of the news on the recipient. Techniques such as using softening phrases, expressing understanding, and anticipating defense positions can help mitigate the harshness of unfavorable findings. Moreover, legal nurse consultants should employ clear communication strategies, avoiding medical jargon and ensuring that the report is understandable to non-medical professionals. Structured frameworks and evidence-based practices should guide the assessment and reporting processes, ensuring that each conclusion is well-supported and justifiable.

In crafting these reports, the consultant’s role extends beyond mere information transmission; they facilitate a deeper understanding between the legal and healthcare domains, ensuring that each report contributes effectively to the resolution of the case.

Common Challenges Faced by Nursing Expert Witnesses

There are a variety of challenges a legal nurse can meet during a case

Dealing with Cross-Examination

One of the most intellectually stimulating yet daunting aspects of being a nursing expert witness is facing cross-examination. During this phase, the opposing counsel will scrutinize your qualifications, experience, and the basis of your opinions. The goal is to find inconsistencies or weaknesses in your testimony. To navigate this effectively, it is crucial to remain calm, composed, and confident in your expertise.

Maintaining Professional Credibility

Professional credibility is paramount for a nursing expert witness. Any hint of bias or lack of impartiality can severely undermine your testimony. It is essential to present your findings and opinions based on objective analysis and evidence. Consistently updating your knowledge and skills through continuing education can also help maintain your credibility.

Handling Ethical Dilemmas

Nursing expert witnesses often encounter ethical dilemmas, such as conflicts of interest or issues related to confidentiality. It is vital to adhere to ethical guidelines and standards to navigate these challenges effectively. Always disclose any potential conflicts of interest and ensure that patient confidentiality is maintained throughout the legal process.

The role of a nursing expert witness is both challenging and rewarding, requiring a balance of professional expertise and ethical integrity.

The Importance of Clear and Concise Communication

Clear and concise communication is paramount for a nursing expert witness. Effective communication ensures that complex medical concepts are accessible to attorneys, judges, and juries who may have limited medical knowledge. This not only aids in understanding but also enhances the credibility of the testimony.

Writing in Plain Language

When drafting reports or providing testimony, it is essential to use plain language. Avoiding medical jargon and technical terms helps in making the information more digestible. This approach ensures that the key points are understood by all parties involved, regardless of their medical background.

Avoiding Jargon and Technical Terms

To effectively and succinctly present their conclusions, nursing expert witnesses should steer clear of jargon and technical terms. Instead, they should focus on explaining medical concepts in a way that is easy to understand. This practice is crucial for maintaining clarity and ensuring that the testimony is comprehensible.

Ensuring Consistency and Clarity

Consistency and clarity are vital in both written and oral communications. Establishing key points early and revisiting them throughout the testimony helps in maintaining a logical flow. This method not only aids in comprehension but also reinforces the main arguments, making the testimony more persuasive.

Clear and concise communication is not just about simplifying language; it is about making complex information accessible and understandable to those without specialized knowledge.

Ethical Considerations for Nursing Expert Witnesses

Maintaining Impartiality

As a nursing expert witness, it is crucial to maintain impartiality throughout the legal process. Bias can undermine the credibility of your testimony and potentially affect the outcome of the case. It is essential to provide an objective analysis based on the facts and standards of care, without letting personal opinions or external pressures influence your judgment.

Confidentiality and Privacy Concerns

Nursing expert witnesses must adhere to strict confidentiality and privacy standards. This includes safeguarding patient information and ensuring that any sensitive data reviewed during the case is handled with the utmost care. Breaching confidentiality can have serious legal and ethical repercussions.

Conflict of Interest

Avoiding conflicts of interest is paramount for maintaining professional integrity. Before accepting a case, thoroughly evaluate any potential conflicts that may arise from your professional relationships or personal interests. Navigating ethical considerations effectively ensures that your testimony remains credible and unbiased.

Ethical considerations are fundamental to the role of a nursing expert witness, as they uphold the integrity and trustworthiness of the legal process.

Stepping into the Shoes of a Legal Nurse Consultant

A Day in the Life

Legal nurse consultants begin their day by reviewing medical records and preparing for consultations with attorneys. They analyze these documents to identify discrepancies and summarize key information for legal teams. Throughout the day, legal nurse consultants may engage in various tasks such as conducting client interviews, preparing testimony, and attending medical examinations. Their role requires them to communicate effectively with both legal and healthcare professionals, ensuring that all parties have a clear understanding of the medical aspects involved in a case.

Case Studies: Successes and Challenges

Legal nurse consultants often reflect on memorable cases that highlight both their successes and the challenges they face. For instance, one consultant discussed leveraging their nursing experience to educate an attorney on the merits of a case, which played a crucial role in achieving a favorable outcome. These case studies exemplify how legal nurse consultants apply their expertise to bridge the gap between healthcare and law, providing critical insights that influence the direction and results of legal proceedings.

Successful Nursing Expert Witness Reports

In a personal injury case, a legal nurse consultant was instrumental in evaluating the extent of the plaintiff’s injuries. Through a comprehensive review of medical records, the consultant identified additional underlying conditions that exacerbated the plaintiff’s injuries. This information allowed the legal team to pursue additional claims for damages, resulting in a significantly higher settlement for the client.

Lessons Learned from Courtroom Testimonies

One notable lesson from courtroom testimonies is the importance of clear and concise communication. Nursing expert witnesses must present their findings in a manner that is easily understood by the jury. This involves avoiding medical jargon and explaining complex medical terms in plain language. Additionally, maintaining professional credibility is crucial, as any perceived bias can undermine the expert’s testimony.

Analyzing Notable Cases

A notable expert witness case study involved a dispute concerning cattle slaughter, which occurred in the early 1990s on Victorian land. The nursing expert witness provided critical insights into the standard of care and the medical implications of the case, which were pivotal in reaching a resolution. This case highlights the diverse range of scenarios where nursing expert witnesses can provide valuable testimony.

The role of a nursing expert witness is not limited to medical malpractice cases; their expertise can be crucial in a variety of legal contexts, from personal injury to product liability cases.

Continuing Education and Professional Development

Transitioning from Clinical Nursing

The transition from clinical nursing to legal nurse consulting involves acquiring specialized knowledge and skills. Legal nurse consultants must understand legal principles and processes, which requires comprehensive training in legal research, case analysis, and medical-legal ethics. This transition also demands a shift in perspective from direct patient care to analyzing broader healthcare practices and outcomes as they relate to legal standards and claims.

In sum, stepping into the shoes of a legal nurse consultant involves a dynamic and challenging blend of medical and legal expertise. These professionals play a pivotal role in the legal system by providing essential insights into medical practices and patient care, which are critical to resolving complex legal cases.

Building Your Career as a Legal Nurse Consultant

Essential Skills and Qualifications

Legal nurse consultants are integral to bridging the gap between healthcare and law, utilizing their deep understanding of medical procedures and legal expertise to assist in litigation. To excel in this role, one must have a comprehensive knowledge of medical terminology and standards of care, coupled with the ability to perform detailed case analysis and communicate complex medical concepts clearly to non-medical professionals. A strong foundation in nursing, typically supported by a Bachelor of Science in Nursing (BSN) degree, is crucial, although not strictly necessary for all positions. Importantly, licensure as a Registered Nurse is required, and additional certification in legal nurse consulting can significantly enhance credibility and marketability in this competitive field.

Training and Certification Programs

Aspiring legal nurse consultants can gain the necessary skills through specialized training programs that cover a range of relevant topics. These programs typically include medical record analysis, legal terminology, and an understanding of healthcare laws and regulations, all crucial for effective practice in the field. The quality of these programs is often reflected in their ability to provide real-world case studies and comprehensive contact hours, which prepare students for practical application of their knowledge. Certification, while not mandatory, is highly recommended as it validates expertise and dedication to the profession. It also requires ongoing education to stay current with the latest developments in both healthcare and legal fields.

Marketing Your Services and Growing Your Network

Effective marketing is essential for legal nurse consultants to establish and grow their practice. This includes understanding that you’re not just offering a service but also marketing your expertise every time you interact with potential or existing clients. Successful consultants use various marketing strategies, such as networking, maintaining a strong online presence, and leveraging social media platforms like LinkedIn to connect with the legal community. Regularly updating profiles and engaging with content on these platforms can significantly enhance visibility and attract new clients. Additionally, it’s important to focus on building relationships with attorney-clients, as referrals and repeat business are crucial for long-term success in the field.

Conclusion

Please also review AIHCP’s Legal Nurse Consulting Program and see if it meets your academic and professional goals

Throughout this exploration of the legal nurse consulting field, we’ve journeyed from the foundational pillars that define its necessity within the legal and healthcare sectors to the intricate details of building a successful career in this niche. The union of medical insight and legal acumen positions legal nurse consultants as invaluable assets in navigating the complexities of healthcare-related legal cases. Their expertise not only fortifies the legal process but also ensures that justice is served with an understanding of the nuances of patient care and medical standards.

Looking ahead, the significance of legal nurse consultants continues to grow as the healthcare industry evolves and legal disputes become more intricate. The capacity of these professionals to bridge the gap between two distinctly specialized fields underscores a broader implication for the legal system and patient advocacy alike. By fostering a deeper comprehension of medical facts within a legal framework, legal nurse consultants not only aid in the resolution of current cases but also pave the way for a future where the synthesis of healthcare knowledge and legal practice is seamlessly integrated.

Please also review AIHCP and the American College of Legal Nurse Consulting’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 enter into the field of Legal Nursing.

FAQs

What distinguishes a CLNC from an LNCC?

The Certified Legal Nurse Consultant (CLNC) and the Legal Nurse Consultant Certified (LNCC) differ primarily in accreditation and recognition. The LNCC is the only certification recognized by the American Association of Legal Nurse Consultants (AALNC) and is also the only designation nationally accredited by the American Board of Nursing Specialists.

What are the benefits of becoming a legal nurse consultant?

Becoming a legal nurse consultant offers several advantages, particularly for nurses looking to manage their own business. Most legal nurse consultants (LNCs) operate as independent contractors, which allows them the flexibility to set their own schedules and select their clientele. Additionally, many newer and mid-career LNCs often find opportunities working as subcontractors for larger firms or agencies.

Can you share an interesting fact about the role of a legal nurse consultant?

Legal nurse consultants play a crucial role in the legal field by performing several key responsibilities. These include reviewing and analyzing medical records, providing professional judgments on medical cases, advising attorneys on healthcare-related cases, educating legal professionals on nursing standards of care, and serving as expert witnesses during trials.

How does a nurse paralegal differ from a legal nurse consultant?

Nurse paralegals and legal nurse consultants both work within the legal sector but in slightly different capacities. Nurse paralegals typically work for law firms that specialize in malpractice or for general counsel offices within healthcare institutions. In contrast, legal nurse consultants may offer advice, serve as witnesses, and even speak in court on a variety of legal medical matters.

What is the role of a nursing expert witness?

A nursing expert witness provides an opinion on nursing care standards and practices in legal cases. They testify on whether the care provided met the accepted standards.

How should a nursing expert witness report be structured?

A nursing expert witness report should include a list of reviewed documents, a summary of medical events, an explanation of the standard of care, and a summary of opinions.

A nursing expert witness must provide truthful, unbiased testimony, maintain confidentiality, and adhere to legal standards such as Rule 702 governing expert witness testimony.

How can a nursing expert witness prepare for a case?

Preparation involves initial considerations and retainer agreements, reviewing case materials thoroughly, and formulating expert opinions based on the evidence.

What challenges might a nursing expert witness face?

Common challenges include dealing with cross-examination, maintaining professional credibility, and handling ethical dilemmas.

Why is clear and concise communication important for nursing expert witnesses?

Clear and concise communication ensures that complex medical information is understandable to non-medical professionals, including judges and juries, which is crucial for effective testimony.

What ethical considerations must nursing expert witnesses keep in mind?

 

Additional Resources

Jibril, F. (2022). “The Medical Expert Witness Litigation Guide”. Expert Institute.  Access here

Evans, J. (2017). “Drafting Expert Witness Reports: Pitfalls and Best Practices”. Expert Institute.  Access here

Mangraviti, J. et. al. (2014). “HOW TO DRAFT A POWERFUL, PERSUASIVE, AND UNDERSTANDABLE EXPERT WITNESS REPORT”. Access here 

 

Most Expensive Malpractice Cases

Posted on by Dominick Flarey

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 Nurses Can Help One With Social Security and Disability Claims

Posted on by Dominick Flarey

Legal Nurses Consultants Can Help One Through the Maze of  the Social Security Disability Program
Legal Nurses!  The Social Security Disability program is operated by the Social Security Disability Administration that caters to provide financial assistance to those people who are physically or mentally disabled. General tax revenues fund this program and it is so designed that both the disabled person as well as their family members get its benefit. In simpler term the Social Security Disability service can be defined as an insurance program that provides benefits to the insured disabled person if he has been paying his social security taxes.  Certified Legal Nurse Consultants can be of a great service in understanding the complexity of this system and in some cases even help someone who is being unjustly denied a claim.
A very important criteria for this insurance claim to be accepted is that the aggrieved party, who is the person asking for the claim, has to be totally disabled, i.e., he should be unable to do any of the works he had been doing earlier. Also a person with a short term disability or a partial disability will not be qualified to claim the insurance money. Another criterion is that the disability should have lasted for more than one year and that it must have resulted in death. Only if these criterions are met with, only in that condition the claim can be made.
There is a five step procedure that is needed to be met up with first. The applicant has to face a question at each level. He will be asked about certain areas that include his current employment status, the severity of his condition, whether he meets with the criteria presented by the Social Security Disability system and whether the applicant is in a position to do the work he had been doing previously.
The Social Security Disability benefit is a struggle in its own right since all the criteria of the system needs to meet up in order to claim the benefits. Though the Social Security Disability administration claims that they receive applications from among ten to twelve million people every year, more than half of them are rejected in the first step. The entire process takes a lot of time and is full of hassles. Although it takes less than four months for a strong claim to get accepted, for the others you will need to reapply and then it will again start from process one, thereby taking most of your time and actually taking more than one or two years to finally settle down either in your favor or the administration’s. Before claiming the insurance money, it is always better to go through the Social Security Disability website and see what all criteria’s are needed to be provided. You need to prepare yourself beforehand for this. Make a list of whatever you need and ensure that you take all the necessary documents along with you to their office. You really need to file the Social Security Disability claim as soon as possible.
As already mentioned, the process actually takes a lot of time and hence it is absolutely necessary to work in advance. Be extremely cautious while filing up the form since a majority of the claims are denied by just looking at incomplete forms. Therefore check the form twice and is needed thrice to ensure that no place is left blank, all the spaces are filled correctly and that nowhere in the forms do the claims disparage with one another.  Again this where the service of a legal nurse consultant or other health and legal professional can be invaluable.
While checking on the form your updated medical reports are keenly examined since that is the place where you can be denied of your claim. Therefore make sure that you keep visiting the doctor regularly and do not forget to collect medical reports from them since they are the evidences on which your case will stay. Also during the entire process if you get a respond mail from them, immediately reply to it. Also remember that in case of any query or assistance during the trial period, do not call the Social Security Disability center since they would not answer any of your query. Instead call the Disability Determination Services who are the most appropriate people to answer them.
If somehow the claim gets denied, ensure that you are appealing with the Social Security Administration within sixty days of getting the denial letter. You can then take the matter up to the tribunal court through an attorney and your case will get decided then. Also remember that there are no limits to the number of times you can apply for the claim. Therefore if being denied previously, if after five years you feel that your case is more stronger, you can definitely apply then. The Social Security Disability is after all, programmed to help the needs of those who cannot help themselves.
Legal Nurse Consultants can help one through this difficult gauntlet.  Doing it by oneself can lead one to waisted time and lost funds.  The aide of Legal Nurse is extremely important and should be considered by the elderly and those who have little understanding of the system.
If you are interested in certifications in legal nurse consulting, please review the program.

AIHCP