By: Dominick L. Flarey, Ph.D, MBA, RN-BC, ANP-BC, LNC-CSp.
Certified Legal Nurse Consultant Specialist
The benefits of having a Legal Nurse Consultant on the medical malpractice team has been realized time and time again by the legal world. With their knowledge and experience in the medical field, legal nurse consultants can provide critical insight into the nursing and medical issues at the heart of a case. They can break down medical terms, identify errors in medical care, and determine the likelihood of those errors causing harm to the patient. Legal nurse consultants can be the deciding factor in whether a case is won or lost. By examining the medical records and providing insight, legal nurse consultants can assist attorneys in deciding whether a potential case has merit for litigation. With their help, attorneys are able to build stronger cases and increase their chances of success. Legal nurse consultants can provide insight on many different nursing, health care and related medical issues. They can break down the medical terms in the medical records and explain what is happening in the patient’s medical care. They can identify mistakes made in the patient’s care and determine the likelihood of those mistakes causing harm. They can explain why mistakes were made and provide recommendations for how to improve the patient’s care.
These individuals bridge the gap between two fields of nursing and legal issues by employing their knowledge of nursing practice standards and regulations to assist attorneys, insurance companies, and other legal entities with malpractice cases. Specifically, legal nurse consultants provide a variety of services that encompass all aspects of litigation, including research, case analysis, and medical record review, determination of standards of care and damages assessment.
How Legal Nurse Consultants Help Attorneys Win Medical Malpractice Cases
Legal nurse consultants can help attorneys with many different aspects of a medical malpractice case. They can review medical records and provide feedback on whether the records are sufficient and complete. They can assess records for tampering and other forms of falsification. They can identify gaps in the records that should be filled and recommend additional testing that should have been done. Legal nurse consultants can assess the medical care provided to the patient and provide recommendations on how the care could be improved. They can provide insight into the patient’s condition, the patient’s response to treatments and medications, and the patient’s prognosis for recovery. Legal nurse consultants can also assess the actions taken by the medical team, including the decisions made by the physicians and the actions of the nurses and other medical staff, in their consulting role.
Legal Nurse Consultants’ Role in Analyzing Medical Records
Legal nurse consultants can provide critical insight into the medical records in a case. They can break down the medical terms used in the records and provide a layman’s explanation of what is happening in the patient’s medical care. They can identify mistakes in the medical records and determine the likelihood of those mistakes causing harm to the patient. Legal nurse consultants can explain why mistakes were made and provide assessments on how standards of care were likely violated. They can also provide insight on whether the medical records are sufficient and complete. They can identify gaps in the records that should be filled. They can recommend additional testing that should be done and provide insights into the legal implications of medical decisions and treatments. The ability to interpret and analyze medical records is essential for LNCs to effectively identify potential issues related to liability, negligence, and malpractice.
Legal Nurse Consultants’ Role in Providing Nursing and Medical Insight
Legal nurse consultants can provide insight into the patient’s condition, the patient’s response to treatments and medications, and the patient’s prognosis for recovery. They can provide critical insight into the medical issues at the heart of the case, including the patient’s diagnosis, the course of treatment being followed, and the patient’s response to that treatment. They can provide feedback on whether the medical care provided to the patient is appropriate and adequate. They are able to provide a valuable perspective on clinical matters through their knowledge of healthcare delivery, regulations, risk management and quality assurance. Acting as a bridge between the legal and healthcare professions, LNCs help lawyers better understand medical claims, procedures and treatments by utilizing their expertise in nursing, health care and law.
Legal Nurse Consultants’ Role in Assessing Medical Care
Legal nurse consultants can assess the medical care provided to the patient. They can determine whether the care provided is appropriate and adequate. They can identify mistakes in the patient’s care and determine the likelihood of those mistakes causing harm. Legal nurse consultants can explain why mistakes were made and recommend ways to improve the patient’s care. Through their expertise in both legal and medical matters, they are able to provide important information to attorneys, insurance companies, and other interested parties on the standards of care and whether or not those standards were met. They may consult on medical care issues, but they are not permitted to testify as an expert witness on medical practice standards of care in a court proceeding.
Legal Nurse Consultants’ Role in Testifying in Court
Legal nurse consultants can provide expert testimony in court cases. They can provide their insight into the nursing issues at the heart of the case. They can break down the medical terms in the medical records and provide a layman’s explanation of what is happening in the patient’s nursing care. They can identify mistakes in the patient’s care and determine the likelihood of those mistakes causing harm. They can explain why mistakes were made and provide recommendations for how to improve the patient’s care. Legal nurse consultants can also explain the appropriate course of treatment being followed for the patient’s diagnosis. They can provide feedback on whether the nursing care provided to the patient was adequate. They can and do educate the jury and the judge on the nursing standards of care applicable to the case being heard. Legal Nurse Consultants (LNCs) possess the requisite knowledge and experience to provide expert testimony concerning nursing standards of care in a legal context. As such, they are uniquely qualified to serve as reliable witnesses on matters relating to nursing malpractice or other issues related to nursing negligence. It is important to note that the scope of their testimony is limited exclusively to matters pertaining to nursing standards of care.
If not testifying in court as an expert witness, then LNCs may consult with attorneys on other issues of a malpractice case outside of the scope of nursing standards of practice. They may present written consulting reports or provide verbal consultations to their attorney clients on other non-nursing related issues of a case.
Tips for Working with a Legal Nurse Consultant
If you are working with a legal nurse consultant on your case, there are a few tips that can make the process go more smoothly. Make sure to communicate well with your consultant. This can help the consultant understand your case and help you get the insight you need. Make sure to keep your consultant updated on any changes to the case or to the patient’s condition. This can help the consultant provide timely feedback and recommendations. You can also ask your consultant any questions you have as they are reviewing the records and providing insight. This can help you understand the process and get the insight you need.
In order to maximize the efficacy of a legal nurse consultant (LNC) in healthcare-related litigation, certain best practices must be observed. To this end, it is beneficial for attorneys to be cognizant of the LNC’s expertise and provide clear direction regarding the desired outcome. Additionally, open communication should be encouraged throughout the collaborative process to ensure both parties are apprised of relevant developments and can effectively collaborate to reach a resolution.
Finding a Qualified Legal Nurse Consultant for Your Case
Legal nurse consultants provide critical nursing, health care and medical insights that can help attorneys win malpractice cases. When searching for a legal nurse consultant for your case, there are a few things to keep in mind. Look for a consultant with experience in the practice of legal nurse consulting. This can help ensure the consultant understands the issues at the heart of a malpractice case and can provide helpful insight. Also, look for a consultant who has experience with the type of case you have. For example, if you have a medical negligence case, make sure the consultant has experience reviewing records from hospitals and other medical settings and can identify mistakes in those records. Also, consider contacting one of the certifying organizations, such as the American College of Legal Nurse Consulting, and ascertain if they have a list of Certified Legal Nurse Specialists in your area or who have expertise in the area of your specific case.
The Importance of Having a Legal Nurse Consultant on Your Team
Conclusion
Legal nurse consultants are critical members of a legal team. The benefits of having a legal nurse consultant are many and attorneys are realizing this more and more. In summary, they can provide insight into the nursing and often overall medical issues at the heart of a case, helping attorneys win their cases. Legal nurse consultants can break down medical terminology and provide a layman’s explanation of what is happening in the patient’s medical care. They can identify errors in the patient’s care and determine the likelihood of those errors causing harm. With their expertise in the nursing and health care field, legal nurse consultants are able to provide critical insight into the patient care issues at the heart of a case. They can break down medical terminology and provide a layman’s explanation of what is happening in the patient’s medical care. They can identify errors in the patient’s care and determine the likelihood of those errors causing harm. They are expert at standards of care and identifying deviations from the standards of care. They are very valuable in assisting attorneys in establishing whether or not there was negligence in a malpractice case. Their presence on a legal team in medical or nursing malpractice is really imperative today. The number of Registered Nurse Legal Nurse Consultants continues to grow as demand continues to escalate.
While this article focuses more on the work of LNCs consulting for plaintiff attorneys, future article blogs will also address the LNC as consulting for medical malpractice work for defense attorneys as well.
Education and Certification of Legal Nurse Consultants
Registered Nurses may find the specialty practice of Legal Nursing Consulting an attractive option as a career goal. The American College of Legal Nurse Consulting offers a full curriculum of online, distance education courses that once successfully completed, leads to the attainment of Certification as a Certified Legal Nurse Consultant Specialist. You may view this program by accessing here: Legal Nurse Consultant Certification.
Suggested Readings
1. Always a Nurse: The Legal Nurse Consultant. Howland, Wendie.Nursing Administration Quarterly: January/March 2020 – Volume 44 – Issue 1 – p 71-73. access here.
2. The Essentials of Expert Witnessing for the Radiology Nurse. Journal of Radiology Nursing. Vol 34(1);March 2015. access here.
3. Role of the Legal Nurse Consultant. The American Institute of Health Care Professionals, Inc. access here.
4. The Value of Legal Nurse Consultants in Medical Malpractice Claims. Patricia Pagels. Plunket & Cooney. Bloomfied Hills, MI. access here.
5. How To Become a Legal Nurse Consultant (Duties and FAQs). Ingrid Monteiro. Indeed. September 22, 2022. access here.