The Eggshell Plaintiff Rule
What does this mean for your case?
How a Certified Legal Nurse Consultant can help an Attorney
Certified Legal Nurse Consultants are invaluable to attorneys. Not only do we investigate the alleged damages of a case, but we are able to determine if pre-existing conditions or non-compliance played a role in a patient’s declining condition.
The attorneys’ clients are not always aware of the complexity of medical conditions and/or contributory factors that have the potential to play a significant role in a patient’s condition. They are often fighting for a loved one that suffered from an unfortunate illness.
Every injury and/or deteriorating condition isn’t always related to medical negligence. Sometimes it’s just the natural progression of a disease worsened by a pre-existing condition. This would be important to know in either a plaintiff or defense case.
Pre-Existing Conditions
How could this affect the outcome of your case?
The role of the legal nurse consultant is to educate attorney-clients about the medical aspects of their cases. Expertise as an RN, and medical insider who knows the inner workings of our complicated healthcare system firsthand can provide the following services:
Assess Medical Records and Analyze the Case
- Identify and review relevant medical records, hospital policies and procedures, other essential documents and tangible items
- Organize, tab and paginate medical records
- Summarize, demystify and interpret medical records including the complex EMR
- Prepare chronologies of the medical events involved in a case
- Screen or investigate cases for merit
- Define the applicable standards of care
- Define deviations from and adherences to the applicable standards of care
- Assess the alleged damages and/or injuries
- Identify and recommend potential defendants
- Identify issues of tampering with the medical records
- Develop written reports for use as study tools by the attorney
Support the Attorney’s Case
- Conduct literature searches and integrate the literature and standards/guidelines into the case analysis
- Research and analyze the validity of research studies relied on by all parties
- Coordinate and attend independent medical examinations (IMEs)
- Expand the attorney’s medical library
How a CLNC saved one attorney time & money
A case assessment can prevent you going to trial based on misinterpreted evidence
Serve as the Attorney’s Liaison
- Interview plaintiff and defense clients, key witnesses and experts
- Consult with healthcare providers
- Serve as liaison between the attorney, parties, healthcare providers, testifying experts, witnesses and other consultants
Work with Experts and Other Witnesses
- Locate and interface with expert witnesses
- Communicate with potential testifying experts
- Analyze and compare expert witness reports and other work products
- Help prepare witnesses and experts for deposition and trial
- Serve as an expert witness and testify to the nursing standards of care
Assist with Discovery and Preparation for Court
- Prepare deposition and trial questions
- Prepare interrogatories
- Review and draft responses to various legal documents and correspondence for the attorney’s signature
- Review, analyze and summarize depositions, including past testimony
- Assist in exhibit preparation
- Attend depositions, trial, review panels, arbitration and mediation hearings
- Coordinate and assist in facilitating focus groups and mock trials
- Assist in resolution of cases through alternative dispute resolution such as arbitration and mediation
Trial No Error
We will review your case so you can proceed with absolute confidence