Page 20 - First Coast Vol 3 No 6

PATTY MITCHELL | Legal Health Care LegalNurseConsultants: Who,What&Why
WHO
Legal nurse consulting has been around for close to 30 years, yet there are many attorneys that do not know the profession exists, have little un- derstanding of our role or how to ef- fectively utilize our skills. A speaker at a recent conference cited a study indicating only 28% of attorneys polled could state what a legal nurse consultant (LNC) does. We all know nurses; our sister, our mother, or spouse, however the LNC is a nurse with specialized training in merging medicine with the law. We have taken courses, continuing education, and done apprenticeships in our eld to prepare to be of the most bene t to attorneys, insurance rms, and other clients with their health-related cases. We have our own professional orga- nization the American Association of Legal Nurse Consultants (AALNC) formed in 1989 and have been a rec- ognized “specialty” by the American Nurses Association since 2006. Uti- lizing an LNC may not be necessary on every case, but for complicated or catastrophic cases we are invaluable. We shine in the arena of medical mal- practice, personal injury, toxic tort, product liability, workers’ compensa- tion, and criminal cases with a medi- cal twist.
WHAT
ere are two distinct types of le- gal nurse consultants. Nurse expert witnesses, who are clinically active, able to testify, and review the medi- cal records related to the case for that purpose. Consulting nurses have a di erent perspective and are part of the team pulling the case together with 50% working as independent contractors. e balance of LNCs are
employees of law rms, insurance companies, gov- ernment agencies, healthcare facili- ties, health main- tenance organiza-
tions, patient safety organizations, and legal departments in business and industry.
Nurses have been the most trusted profession for 16 consecutive years per a Forbes magazine report. Our focus in all aspects of our careers is to solve problems both for our patients and in the LNC world. e LNC pro- vides many services for both plainti and defense, that can expedite and simplify legal cases. e idea is to get medical expertise on the front end, leading to less expense and a clearer picture moving through the process. Our knowledge makes us uniquely quali ed to identify all the issues in a medical record that would be over- looked by someone not intimately fa- miliar with healthcare/medicine.
Comments are included to explain medical issues or jargon and highlight discrepancies. Entries are referenced to the page in the medical documen- tation for easy location of issues in vo- luminous records.
e LNC can be of value in the legal arena in many ways and just a few are highlighted below:
PREPARATION OF MEDICARE SET ASIDES, MEDICAL COST PROJECTIONS, AND LIFE CARE PLANS.
Location of expert witnesses: nd- ing quali ed experts can be challeng- ing and time consuming. LNCs are a valuable resource, with networks of thousands of colleagues, making it easier to locate the right person to speak to a case. We locate experts in all elds for example: physicians, nurses, therapists, dieticians and EMS.
Medical billing review: determining bills associated with the case and cor- relating bills with service.
Participating in client interviews: a medical background makes it easier to read between the lines of the cli- ent’s story and see the weak and strong points; in this way nurses help with case selection early in the game.
Record organization, bates stamp- ing: identi cation of missing records, and producing a user-friendly record, that is easily searchable.
Screening medical malpractice cas- es: review for the plainti with iden- ti cation of non-meritorious cases before time and money is expended, and before experts are obtained. Cas- es with merit have the strengths and weaknesses highlighted, with recom- mendations given.
Attending defense/independent medical exams: who better than nurses to attend as the eyes and ears of their clients. Nurses streamline the process, protect the client, and notice discrepancies that may prove invalu- able in the court room.
De ning standards of care in medi- cal malpractice cases: not only for nursing, but for anyone with a duty to the patient.
WHY
Many attorneys perform their own case review or rely on review by a paralegal. It is logical to believe that any complex or catastrophic case would be better served with evalua- tion by a trained medical professional for quality, accuracy and nding key issues. Insider knowledge can be a se- cret weapon for success, which is why rms who use legal nurse consultants depend on our knowledge, experi- ence and resourcefulness.
Preparation of medical summaries:
Case overviews, with an in-depth ex- planation of the diagnoses/medical is- sues found in the record, conclusions are drawn, and recommendations are given.
Literature searches: to refute or sub- stantiate allegations in a case.
Deposition reviews: preparing ques- tions prior to deposition and nding discrepancies a erward.
KNOWLEDGE AND UNDERSTANDING OF THE ELECTRONIC MEDICAL RECORD.
Preparation of medical chronolo- gies: Record review with pertinent information placed in a timeline.
Patty Mitchell, RN, BSN, CLNC is the president of Central Florida Legal Nurse Consultants. Her nursing career has spanned over 24 years, in the hospital acute care setting. She is a graduate of the Medical Legal Consulting Insti- tute and maintains her certi cation. Patty is the president elect of the Greater Orlando Chapter of the American Association of Legal Nurse Consultants. She has provided consulting services since 2014, to both plaintiff and defense attorneys on a wide variety of cases. She is a member of the National Association of Certi ed Legal Nurse Consultants, and Sigma Theta Tau, nursing honor society.
ATTORNEY AT LAW MAGAZINE · FIRST COAST · VOL. 3 NO. 6 20