by Elizabeth Rudolph | Aug 14, 2017 | Legal Terminology
Civil litigation is the legal process that occurs when a lawsuit ensues. It is different from criminal law, as it addresses civil redress, as opposed to dealing with crimes. The civil law focus is on the conflict between the parties and the attorneys steer the outcome. The Professional Legal Nurse Consultant (PLNC) is hired by one side or the other and is the nurse expert for that side. The PLNC role is extremely important and can be instrumental to the outcome of the case.
While there are many types of practices in the civil litigation field, Professional Legal Nurse Consultants practice primarily in medical malpractice and personal injury. This means, the PLNC will review medical records for either side in cases where medical malpractice is alleged or where the individual believes they are injured. The Professional Legal Nurse Consultant may opt to testify, as well. Thus, expanding the options for participating in cases.
The area of civil litigation is vast and expansive. This translates into the potential for numerous opportunities for PLNCs. Most cases do not go to court, but the medical records still need to be reviewed by qualified experts. This is where the Professional Legal Nurse Consultant steps in – the review of medical records and the rendering of an opinion by the PLNC, also known as the nurse expert witness.
Ever heard the expression “the world is your oyster”? Simply put, this means a Professional Legal Nurse Consultant in the expansive field of civil litigation has unlimited potential. Time for every nurse to join in.
by Elizabeth Rudolph | Jul 18, 2017 | Legal Terminology
In your Professional Legal Nurse Consultant (PLNC) practice, you will find the majority of medical and nursing malpractice lawsuits do not go to trial. If you decided, in addition to reviewing medical records for merit, you would like to earn even more money testifying, more than likely it would mean testifying in pretrial proceedings.
Nursing and medical malpractice lawsuits are often quite complicated. Thus, many attorneys opt to settle their cases in advance of trial. Trials can be long, arduous, and do not always result in a judicious outcome. Some medical malpractice cases are detail specific and require hours, if not days, of expert witness testimony. As a result, these malpractice cases can be expensive with an uncertain outcome.
Settlement of lawsuits is more the norm than the exception. According to The Law Dictionary (What Percentage of Lawsuits Settle Before Trial) approximately 95 percent of pending lawsuits end in a pre-trial settlement. This means, a Professional Legal Nurse Consultant’s testifying expertise will be limited to a deposition, and maybe a pretrial proceeding.
According to a New York Times article (Study Finds Settling Is Better Than Going to Trial), most plaintiffs who passed on a settlement offer and instead went to trial, ended up getting less money than if they had taken the settlement offer. What does this mean for a Professional Legal Nurse Consultant? The chances of going to trial are much slimmer than one would think. If testifying experience as an expert witness is what you are looking for, it will likely come at the pretrial, and not trial, level.
Regardless, any given case on any given day, could end up in trial. So, the PLNC needs to be prepared and keep the schedule clear for trial testimony.
For tips and tricks in testifying, get the book The Testifying Nurse Expert Witness which will give you the confidence to take the stand. Whether or not you ever testify, you need this legal nurse consultant knowledge.
by Elizabeth Rudolph | Jul 29, 2013 | Legal Terminology
You may have thought to yourself: Should my Professional Legal Nurse Consultant (PLNC) business become a Limited Liability Company (LLC)? You may be doing just fine as a sole proprietor, but you are thinking outside the box.
The LLC may be just the answer. It is viewed as a mix – part corporation and part partnership. Being a member of the LLC is generally considered the same as being the owner. Plus, there are tax benefits.
To set up your LLC, you will likely want to consult an attorney or do it yourself with readily available online tools. There are many options from which to choose, however weigh this first before delving into something you either cannot reverse or is more costly than it ought to be.
Regardless of your method to attain your LLC status, you will need to name your PLNC business. This is fun and exciting. Next, comes the required paperwork. All of this can be accomplished as quickly or slowly as you choose.
Now that you have a good idea of the parameters involved in your Professional Legal Nurse Consultant business becoming a LLC, decide if you are ready. If yes, now is as good a time as any.
by Elizabeth Rudolph | Feb 2, 2013 | Legal Terminology
Let’s dissect the medical malpractice lawsuit. In some states, it’s now called the Health Care Liability lawsuit. (For example, Tennessee). Any way you slice it, it’s a lawsuit about medical issues potentially gone wrong.
Since most cases are brought by attorneys on behalf of their clients, let’s approach it from that angle. Once the lawsuit papers, known as the Complaint, is filed in the court clerk’s office, the respective defendants must get “served” with the papers. Most times, the deputy sheriff or a private process server hands the defendants the Complaint. In some instances, this can be accomplished by mail.
Next comes “discovery” where each side “discovers” the other side’s case. This is most commonly accomplished through selected “discovery” vehicles such as Interrogatories, Requests for Production and Requests for Admissions. These documents are formally sent to opposing side and require responses in writing. Depositions are another discovery tool that consists of formal questions and answers, under oath, of the witness.
Further dissection of the lawsuit can occur, but most medical malpractice lawsuits follow this discovery format. The deeper the discovery incision, often the more knowledge of opposing side’s case you come to find out.
by Elizabeth Rudolph | Jan 15, 2013 | Legal Nurse Consulting, Legal Terminology
I was providing the presentation for nursing students at Baptist College for Health Sciences and I asked the question: What is the difference between negligence and malpractice? The room initially went silent, then one attendee stated that it had to do with negligence (yes, it does) and another said it was committed by professionals (yes, this is true). When you combine these two definitions, it gives you the actual definition. Negligence committed by a professional is considered malpractice.
So, what is negligence? Simply put, it’s the failure to do something you should’ve done or doing something you should not have done. It’s the sin of commission or the sin of omission.
When you’re busy taking care of patients, it often becomes easy to take short cuts. It’s not until something goes awry that you “wake up and smell the coffee”. Hopefully, that’s not too late.
The best practice is to figure out what negligence is beforehand and do all you can to avoid it. There are lots of options out there to help you. Consider these resources:
- Nurse Practice Act
- Current Nursing Textbooks
- Recent Nursing Journals
Just remember, as a nurse, you owe a higher standard of care to the patient than that of a nonprofessional. So, be prepared.
by Elizabeth Rudolph | Sep 4, 2012 | Legal Terminology
Testifying — what do you think of? Sounds daunting, but testifying can be quite straightforward if you’re prepared. Now, think of testifying as an expert witness. You probably feel a bit calmer because you’d be testifying about facts which already occurred.
Testifying Tidbits for Legal Nurse Consultants:
Nothing can substitute for being prepared. Reread the medical record you last looked at over a year ago. Read every entry because you don’t know which entries you may be asked about. You’re thinking, I’m the nursing expert not the medical expert so I’ll skim over the physician’s notes. Think again. While you may not be asked about the medical standard of care, you’re expected to have reviewed the entire record.
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