You are talented! Don’t forget that. You can use your Professional Legal Nurse Consultant (PLNC) skills in LOTS of different ways. The most common way is to assist attorneys in what’s called the “pre-suit stage”. This is where trial lawyers have PLNCs review medical records and give their opinions.
It’s good to know that no matter where you live, your ability to review medical records and give your opinion is essential.
Whether you’re reviewing the medical records for the individual suing or the person or entity getting sued, you’ll get to use your know-how.
Pre-Suit Stage
Let’s look at the definition of “pre-suit stage”. It’s that period of time after the event occurred that gave rise to the injury but before the actual case gets filed in the courthouse.
Four Parts of Pre-Suit Stage
We’ll break down the pre-suit stage even farther, so you know exactly what’s happening at any given moment in time.
- Notice: In order for your attorney to file a medical malpractice lawsuit, there must be enough evidence. Even before the actual filing of the lawsuit, some states require there be notice to potential defendants known as prelitigation filings. Some states require a sworn statement of the attorney, and/or the expert witness, as to the facts and conclusions.
- Investigation: Regardless of the states’ requirements, as a PLNC you’ll need to read over all the medical records in the potential case. Then, you’ll give your opinion. The crux of the potential case is whether there’s enough evidence to substantiate the claims. You might be asked to complete a chronology, or timeline, to help simplify the facts. Usually, a chronology is used in more complicated cases, like obstetrics or long-term care cases. You might even help identify witnesses from the medical records.
- Demand: After the attorney has reviewed your PLNC report and all relevant documents and things in the potential case, the attorney will arrive at a monetary demand. The attorney will discuss this dollar figure with the client in order to get their consent. The more medical records you review, the more you’ll get comfortable analyzing the value of the case no matter what side of the case you are on.
- Settlement negotiations: You may, or may not, be part of settlement negotiations, but your medical record review weighs heavily in the attorney’s settlement demand. Just know that your assistance has been vital in getting the case to this point.
There are pros and cons on both sides of legal cases. Your job as the Professional Legal Nurse Consultant is to identify the strengths and weaknesses of your side as well as that of the opponent’s side. The more you share your nursing and legal skills with the attorney, the more valuable you become in this pre-suit stage.
To review, the pre-suit stage consists of four aspects: notice, investigation, demand, and settlement negotiations. Your nursing knowledge, legal understanding, and professional experience are instrumental in helping clients with their cases.
P.S. Have you ever experienced participating in settlement negotiations? What was it like?
