by Elizabeth Rudolph | Nov 4, 2021 | Legal Nurse Consulting, Legal Terminology
The court system is a tangled web and we will untangle it for you.
There are two court systems: federal and state. As a Professional Legal Nurse Consultant (PLNC), you’ll most likely be dealing with cases in the state court system. While the court systems vary from state to state, the overarching similarity is that there are three levels. The courts may each be called something different depending upon the state, though.
State Court Systems
Trial Court: This is the entry point for lawsuits. Depending upon the facts and alleged damages, it will determine exactly in which court the lawsuit will be filed. Examples of trial courts are circuit court, chancery court, superior court, general sessions court, environmental court, criminal court, etc.
Appellate Court: This the next level of courts. If a plaintiff or defendant wants to appeal the lower court’s decision, it’ll be to the appellate court. An example of an appellate court is a court of appeal.
Supreme Court: This is the highest level of courts. Remember, the exact name of the court may be different depending upon the state. An example of a supreme court is the (State name) Supreme Court.
Federal Court Systems
District Court: The district court is the trial court in the federal system. A district court may serve a city and surrounding areas. An example of the district court is United States District Court for (State Name) for the Western District.
Circuit Court: This is the court of appeal which usually serves several neighboring states. An example of the circuit court is the Sixth Circuit Court of Appeal.
Supreme Court of the United States: This is the highest-level court in the land. It’s called the Supreme Court of the United States.
How Cases Proceed Through the Court System
If a person, or entity, is ready to file a lawsuit, their Complaint must be filed in the appropriate court. The first decision is where to file it: state or federal court. There are certain requirements for filing in state or federal court that must be met. Failure to meet them could result in a dismissal. It’s imperative to know the filing requirements prior to filing a case.
Once the case is filed in the right court, discovery begins. This is when depositions can be taken, interrogatories are served, requests for production of documents are also served, and all manner of requests are made of the opposing parties.
When the case is set for trial will usually determine the deadline for discovery. The trial date could be near or far, but at least there is, potentially, an end date.
There are motions filed and argued in advance of trial. The outcome of the motions determines the course of the case. If the case proceeds to trial, there will be a prevailing party.
Either side can appeal the decision of the trial court, but it is usually the losing party who appeals.
After required documents are filed with the appellate court, the justices will decide the outcome. There may or may not be oral argument.
Depending upon the case, the litigant(s) may or may not be able to appeal the case to the highest- level court.
This primer should help you navigate the complex court systems.
P.S. What’s the name of your trial court?
by Elizabeth Rudolph | Jun 22, 2021 | Legal Nurse Consulting, Legal Terminology
There are advantages and disadvantages in choosing how your Professional Legal Nurse Consultant (PLNC) business will be structured. You’ll need to choose one that best suits your needs. Here are four potential options: 1) Sole Proprietorship, 2) Limited Partnership, 3) Corporation, and 4) Limited Liability Corporation (LLC). Many states have websites that’ll take you through the steps to register your new business. They may also instruct you how to register your business on the county, or municipal, level as well.
While this is an overview of business structures, this is not a substitute for contacting an attorney and tax advisor, as to which type of business structure best fits your needs. Please contact an attorney and tax advisor so you select the best business structure for your PLNC business!
Four Types of Business Structures for the Professional Legal Nurse Consultant:
Sole Proprietorship
This is the most basic and most popular structure for most PLNC businesses. It’s not as heavily regulated as other structures and you, as the owner, assume all legal and tax responsibilities. The biggest advantage to being a sole proprietor is you have total control over every aspect of your business. Plus, you have less expenses starting out. Remember, that when setting up a sole proprietorship all your business and personal assets are at risk and that any judgments or lawsuits against your business could affect your personal assets as well.
The Limited Partnership
The limited partnership is a cross between a traditional partnership and a corporation. This form of partnership might be good when you have people who are simply interested in investing in your PLNC business but want limited liability and no real control over the business. Limited partnerships must endure more stringent regulations on the state level than a sole proprietorship. There are regulations, including the Uniform Limited Partnership Act, which govern the formation and operation of a Limited Partnership.
The Corporation
A corporation is an entity that’s created by writing and filing your Articles of Incorporation with the Secretary of State (at your state level). A corporation is regulated by the state and includes items such as Articles of Incorporation and Bylaws. These bylaws outline your corporation’s structure including a summary of what your organization does, the number of its shareholders or board of directors, and officers (if any). Corporations are more complex than either a limited partnership or sole proprietorship and are subject to more regulation by the state. Some advantages to corporations include that a shareholder can sell or give away their stock (unless this is restricted in your corporations bylaws) and some tax advantages as well. There’s a certain level of the loss of control because of the organizational structure (i.e. board of directors, officers), regulation and formalities in setting up a corporation, and higher state fees.
The Limited Liability Company (LLC)
A Limited Liability Company (LLC) is a cross between a limited partnership and a corporation. In setting up this type of business, you might have certain tax advantages. Of course, you should consider purchasing a malpractice insurance policy no matter which business structure you form.
An attorney and a qualified tax advisor can guide you through the various differences in tax law for each of these business structures. Don’t let it to deter you from achieving your dream!
You might need a business license, or other regulatory license. Be sure you check with your attorney and a tax advisor so that you select the right entity for you.
P.S. What business structure did you, or will you, choose for your PLNC business?
by Elizabeth Rudolph | Dec 9, 2020 | Legal Terminology
One of the most vital components of good nursing care is proper documentation. This practice of thoroughly and completely recording each interaction with your patients is made even more important when you consider the possibility of legal action against you.
“The first thing a patient considering a lawsuit will do is request the medical records.”
Knowing that patient will get the medical records should be motivation enough to make the records thorough and detailed. Remember, anything you write could be read in court.
When you make notes, think in the back of your mind a judge or jury might both hear and see them.
“Anything you write could be read in court.”
Strive to chart in the most comprehensive way possible. Time restraints are the biggest obstacle for you!
It can take years for a lawsuit to culminate; it’s unlikely you’ll remember everything clearly if you get sued.
Your charts and documents are the key to knowing what you did and why you did it, so be sure you chart information to recall the specifics of the case.
The longer you wait to complete your charting, the more it may look you are trying to falsify the actual occurrence after the fact.
The nursing adage “if it is not documented, it is not done” should always be applied to your work. Also consider that, unless you documented an action or treatment, legally speaking it never occurred.
Of course, not every mistake rises to the level of a lawsuit, and accurate charting is important for the proper care and treatment of patients. But the need for understandable and comprehensive charting becomes far more important if a case goes to court.
A fundamental aspect for healthcare providers named as defendants in a lawsuit is the ability to recall, sometimes years after caring for a patient.
The more information you include in your charts, the easier it will be for you avoid being unfairly accused.
P.S. Help yourself and your nursing colleagues here.
by Elizabeth Rudolph | Sep 2, 2020 | Legal Terminology
You need to keep your legal knowledge current. Period.
As a nurse or Professional Legal Nurse Consultant (PLNC), nothing is more important than staying up-to-date or you’ll find yourself out-of-date. That could mean no job, no income, and, frankly, no happiness.
Add these Ten Legal Words to your vocabulary and keep yourself ahead of the legal curve:
- Plaintiff: The person or entity suing in a civil lawsuit.
- Defendant: The person or entity getting sued.
- Service of Process: The beginning of a lawsuit when each defendant receives notice of the lawsuit.
- Discovery: Period of time after the lawsuit is filed but before trial when both sides can find out about the other’s case.
- Deposition: Sworn live, or virtual, statement of parties or witnesses.
- Allegations: Assertions in the lawsuit document.
- Affidavit: Sworn written statement.
- Motion for Summary Judgment: Formal request to a judge to decide a case without need for trial.
- Mediation: Attempt to resolve dispute through use of a third party.
There you have it. Get comfortable with these legal terms and weave them into your everyday nursing vocabulary.
P.S. Comment below and grab your FREE Download to hike your income!
by Elizabeth Rudolph | May 19, 2020 | Legal Terminology
What is the single, most important legal issue I must be aware of as I take care of my patients? Today’s nurse must manage complex situations both in inpatient and outpatient settings. Add to this the phenomenal advances taking place in technology and the delivery of health care, the current pandemic, and the nurse takes on an extra, very demanding burden. Plus, society expects nurses to be competent, compassionate, and available. Although nursing professionals spend years learning their profession, and are very well trained, they are not prepared for the legal issues which disrupt their practice. Chief among these is being sued for nursing malpractice.
As a Professional Legal Nurse Consultant (PLNC), you will learn the ins and outs of nursing practice, both on the side of individual suing and of the nurse, or health care provider, getting sued. Your skills are transferrable and can be used on either side, just not in the same case.
Generally speaking, think of malpractice as the main category in torts and the subcategory as negligence which means a nurse failed to exercise that degree of nursing care which would be expected from another nurse in a similar clinical situation.
Viewed legally, negligence has a special meaning and a much narrower definition then the general connotation of negligence we often think of, such as neglecting to do a task, job, or procedure correctly. Malpractice can be viewed as negligence committed by a professional, such as a nurse or physician.
Traditionally, patients sued only hospitals and doctors for negligence leading to bad patient outcomes, but today more and more nurses find themselves entangled in these legal battles. While malpractice claims were the first legal assaults to affect the practice of nursing, employment and other legal issues shortly followed.
One of the goals of nursing practice includes liability reduction. Next time you perform patient care, think of the definition of negligence and malpractice to insure you provide not only considerate, but safe, nursing care. The next step is often the filing of a lawsuit, which as a Professional Legal Nurse Consultant, you might be reviewing.
by Elizabeth Rudolph | Jan 29, 2019 | Legal Terminology
There are lots and lots of legal terms out there. Let’s focus on a few you should know and use in your everyday Professional Legal Nurse Consultant (PLNC) practice. Why not consider adding a few legal terms to your vocabulary monthly? Nothing heavy, just some words and phrases to enhance your skills.
Top Three Legal Terms for Professional Legal Nurse Consultants:
- Complaint:A civil lawsuit that states the claim(s) for relief in the document. (http://legal-dictionary.thefreedictionary.com/Complaint). Most cases you’ll work on as a Professional Legal Nurse Consultant will be civil, as opposed to criminal, cases. The Complaint is part of the initial paperwork the person suing brings against the person, persons or entities getting sued.
- Counterclaim: A claim made by a defendant opposing plaintiff’s claim and seeking some relief from the plaintiff. (http://legal-dictionary.thefreedictionary.com/Counter-claim). There are times when the person or entity getting sued turns around a makes a claim against the person or entity suing. This is not uncommon. Get familiar with it.
- Cross-claim: A demand made against another party on the same side of the lawsuit. (http://legal-dictionary.thefreedictionary.com/Cross-Claim). The parties could be at odds with each other and having opposing interests. This could lead to the parties on the same side suing each other. A cross-claim occurs with some regularity, so be familiar with this as well.
The more conversant you are with these terms, the more at ease you’ll become. As they say, as a PLNC, you want to talk the talk as well as walk the walk.
