A malpractice is a terrible thing to have happen. The injury or pain caused can be overbearing and in some cases life altering. The process of dealing with a malpractice enters its final phase during legal proceedings. In this part, attorneys, legal nurse consultants and other experts explore the case and see its merits.
The article, “What You Should Expect During A Medical Malpractice Settlement Case Hearing” from LegalDesire.com looks at what to expect during this period. The article states,
“Medical malpractice is when a doctor or a healthcare facility causes an injury to a patient through negligent practice of their standard procedures. Ask a lawyer, and they will say that medical malpractice takes place when there is a violation of the recognized “standard of care”, which is the kind of care that is carried out by all medical professionals “under the same or similar circumstances”.
Please also review the American College of Legal Nurse Consulting and how it can help qualified professionals become trained in the procedure of legal nursing. The Legal Nurse Consulting Program is online and independent study.
Malpractice suites and claims from the plaintiff require in some states an expert affidavit. This may seem as an additional hurdle for a patient to move forward against a medical provider, but it is important to prevent false claims that can raise insurance costs. Many states require an expert affidavit. This is an important step is validating claims. It is not a huge hurdle but one that is common sense. Legal Nurse Consultants can play a role in this step of the malpractice case as well.
The article, “The Expert Affidavit Requirement in Medical Malpractice Cases” by Tatum O’Brien reviews this process and some of its implications, especially in North Dakota. He states,
“Litigating a medical malpractice case has many hurdles, one of which is the expert affidavit requirement. As part of medical malpractice “tort reform,” in addition to caps on damages and a short statute of limitations, many states have enacted laws also requiring an expert affidavit supporting the claim of malpractice.”
Please also review our Legal Nurse Consulting Program and see if it meets your needs. As a Legal Nurse Consultant, one can be play an important roles in approving affidavits. Expert witnesses and providers are key in any case, regarding of plaintiff or defendant.
It is so critical for nurses to proper document a patient. This is one of the most critical aspects of protecting oneself from legal malpractice. Nurses need to document to protect themselves when writing reports on patients
The article, “Nurse documentation contributes to lawsuit dismissal” discusses the importance and the particular case that highlights why nurses need to document properly in legal cases. The article states,
“In the case, William was the temporary guardian for his father-in-law, Harold, who was admitted to the hospital for treatment, presumably because of malnourishment. Harold was placed on tube feedings. During a visit with his father-in-law, William decided to use a ballpoint pen to puncture the hanging plastic nutrition bag so the infusion would flow faster. The nurse caring for Harold contacted the nursing supervisor when she determined what had happened”
Ethics and law in handling worker compensation cases is a detailed study and professional practice. Sometimes legal nurse consultants are necessary in understanding the injury and the legal implications of a settlement. Nurse Case Managers also play an important role in handling the cases and representing the individual case. Both of these fields, Legal Nurse Consulting and Nurse Case Management play an important role in these outcomes.
The article, “Nursing The Wound: The Law and Ethics of Disability Management in Workers Compensation” by Justin Beck goes into greater detail about this. The article states,
“Nurse case managers are often viewed with some suspicion by claimants and their lawyers, but a wider perspective is needed to understand the virtues of their profession. In this episode of Workers Comp Matters, host Alan Pierce talks to Justin Beck about his paper, “Nursing The Wound: The Law and Ethics of Disability Management in Workers Compensation.” ‘
To listen and read the entire article, please click here
Please also review our Legal Nurse Consulting Program, as well as our Nurse Case Manager Program and see if they match your academic and professional needs.
Good article on issues regarding private hospital nurses and a higher rate of malpractices. Malpractice can be a serious issue for any nurse. Legal Nurse Consultants can help nurses overcome false claims, or even help victims find justice at the hands of poor care
Many times nurses can protect themselves by properly charting and documenting. The article below discusses private hospital nurses and stats of malpractice against them.
The article, “Private hospitals face nursing malpractice havoc” by Masutane Modjadji states,
“According to the latest study, from Stellenbosch University’s Faculty of Medicines and Health Sciences, this has resulted in a rise in civil claims settlements with many amounting to payouts of millions of rand. The study also found that the costs of these claims are passed onto consumers.”
If you would like to learn more about malpractice or learn more about Legal Nurse Consulting then please review the program at AIHCP. AIHCP offers a complete online program for nurses seeking certification in this field.
Nurses have the opportunity to diversify their fields more than any other professional field. They can advance in a variety of medical related fields as they enhance their education. Certifications are an additional example of how nurses can diversify their field.
In particular, Legal Nurse Consulting is an excellent way for nurses with legal interests to combine both the legal and the medical knowledge. Legal Nurse Consulting is not a licensed field but a certification nurses can earn from a credible organization. Once certified, they can utilize the certification in a variety of legal cases.
Malpractice cases are a key area for Legal Nurse Consultants. Firms defending a provider, or malpractice attorneys working for a client can utilize a Legal Nurse Consultant’s skills in defending or finding justice in a case. With an abundance of malpractice cases, legal teams are always looking for medical knowledge to help prove or defend a case.
Legal Nurse Consultants can serve as expert witnesses or work in the background developing the case. Many firms may hire a Legal Nurse Consultant for individual cases or may hire one on retainer. The Legal Nurse Consultant can then develop the career as needed, or in addition to nursing itself.
Legal Nurse Consulting is an excellent opportunity for nurses that legal minded nurses should not ignore. If you are interested there are plenty of organizations that certify nurses and teach them the necessary skills to become a Legal Nurse Consultant.
The American College of Legal Nursing offers a comprehensive, online program. It is independent study and one can work at his or her own pace through the curriculum. Each course carries CE value and can be utilized towards hours of a nursing license.
After completing the program, one can then become certified as a Legal Nurse Consultant for four years. Recertification involves 500 hours of work within the field and 50 hours of CE hours. Once certified, one can begin to gain the credibility needed to ensure firms and attorneys of one’s skills and abilities within the medical and legal fields.
If you are considering becoming a Legal Nurse Consultant, then please review the program from the College of Legal Nurse Consulting and see if it matches your academic and professional needs. Within a short period, you could become a certified Legal Nurse Consultant and begin an exciting career that takes you from the hospital floor to the courtroom bench.
Good article on hospitals and informed consent with patients
The article, Do hospitals always tell patients all they need to know? Why informed consent is key, by
Nishitha Aysha Ashraf states
“Deepa* was scheduled to undergo a surgery at a leading private hospital for which she had to undergo blood tests. However, without her consent or her family’s, the hospital proceeded to conduct an HIV test on her. They only learnt of what the hospital had done when they saw the test results.”