4th Edition

Legal Nurse Consulting Principles and Practices

Edited By Julie Dickinson, Anne Meyer Copyright 2020
    1016 Pages 23 B/W Illustrations
    by Routledge

    Legal Nurse Consulting Principles and Practices, Fourth Edition, provides foundational knowledge on the specialty nursing practice of legal nurse consulting. Legal nurse consulting is defined, and essential information about the practice is discussed (history, certification, scope and standards of practice, and ethical and liability considerations). The essentials of the law and medical records are explored. Analysis of the various types of legal cases on which legal nurse consultants work is provided, as are other practice areas for legal nurse consultants. The various roles and skills of legal nurse consultants are explored, and the textbook concludes with discussion of the ways in which legal cases are adjudicated.

    This volume allows nurses to bridge the gap from their clinical experience to the unfamiliar territory of the legal world, with practical advice on topics including tactics for being cross-examined in the courtroom and investigative and analytical techniques for medical records. Individual chapters by subject-matter experts focus on the full range of legal, medical, and business issues that new or experienced legal nurse consultants and nurse experts will encounter in their work. A nuanced look at the realities and complexities of toxic torts, medical malpractice cases, civil rights in correctional healthcare, ERISA and HMO litigation, and other practice areas is offered.

    Suitable for experienced nurses studying for certification as legal nurse consultants, and for expert witnesses, practitioners seeking to expand their current legal nurse roles, and other healthcare and legal practitioners.

    Section I: ESSENTIALS OF LEGAL NURSE CONSULTING

    1. History, Entry into Practice, and Certification

    Karen J. Huff, BSN, RN, LNCC®; Tricia West, RN, BSN, MBA/HCM, PHN, CHN; and Irene Kniss, RN, BSN, LNCC®; and Contributor: Tracy Lynn Rodgers, RN, BSN, LNCC®, RN-CLTC, WCC, DWC

    2. Professionalism, Ethics, Scope and Standards of Practice

    Joan Magnusson, BSN, RN, LNCC®; Elizabeth K. Zorn, RN, BSN, LNCC®; and Julie Dickinson, MBA, BSN, RN, LNCC®

    Section II: ESSENTIALS OF THE LAW

    3. Legal Fundamentals

    Tonia Aiken, RN, JD; Adam B. Kuenning, JD, LLM; Flynn P. Carey, JD; Karen E. Evans, BSN, JD; Zakiya Sloley, JD; Grace Morse-McNelis, BSN, JD

    4. Elements of Proof in Negligence Claims

    Corey G. Lorenz, Esq.

    5. Initiating Litigation, Discovery, and Disclosure

    Peter I. Bergé, JD, MPA, PA-C Emeritus

    6. Defense Medical Examinations

    Nikki Chuml, MSN/Ed, RNC-OB, PRN

    Section III: MEDICAL RECORDS

    7. Sources of Medical Information

    Patricia J. Bartzak, DNP, RN, CMSRN; Deborah Enicke, RN, CEN, COS-C, HCS-D; and Patricia Ann “Stormy” Green, RN, BSHS, RNFA

    8. Access to Medical Records

    Rachael Arruda, BA, RN, LNCC®, CCM

    9. Electronic Medical Records: An Overview

    Todd A. Jennings, Esq.

    Section IV: CASE ANALYSIS

    10. Elements of Case Analysis: Screening Medical Negligence Claims

    Tonia Aiken, RN, JD; Phyllis ZaiKaner Miller, RN; Marguerite Barbacci, BSN, RN, MPH, LNCC®

    11. Case Analysis: Personal Injury

    Linda Luedtke, MSN, RN and Elizabeth K. Zorn, BSN, RN, LNCC®

    12. Long-Term Care Litigation

    Elizabeth Murray BSN, RN, LNCC®

    13. Pharmaceutical and Medical Device Product Liability Litigation

    Vicki W. Garnett, RN, CCRC, LNCC® and Stacy Newsome, MSN, RN, LNCC®

    14. Evaluating Toxic Tort Cases

    William P. Gavin, Esq.; Mark A. Love, Esq.; and Wendie A. Howland, MN, RN-BC, CRRN, CCM, CNLCP®, LNCC®

    15. Workers’ Compensation Case Evaluation

    Victoria Powell, RN, CCM, LNCC®, CNLCP®, CLCP, CBIS, CEASII

    16. Evaluating Forensic Cases

    Marjorie Berg Pugatch, MA, RN, EMT-B, LNCC®; Deborah A. Wipf, MS, APRN-GCNS-BC, LNCC®; Sandra Higelin, MSN, RN, CNS, CWCN, CLNC; Jennifer Oldham, BSN, RN, CEN, SANE-A; and Anita Symonds, MS, BSN, RN, CFC, CFN, SANE-A, SANE-P

    17. Correctional Health Care and Civil Rights

    J. Thaddeus Eckenrode Esq.; Cynthia A. Maag, BA, RN, LNCC®; and Mariann F. Cosby, DNP, MPA, RN, PHN, CEN, NE-BC, LNCC®, CLCP, CCM, MSCC

    18. Employment Law and Occupational Health and Safety

    Kathleen P. Buckheit, MPH, BSN, RN, CEN, COHN-S/CM, CCM, FAAOHN and Moniaree Parker Jones, EdD, MSN, RN, CCM, COI

    19. Informed Consent

    Karen Wilkinson, MN, ARNP, LNCC®, CNLCP® and Deborah A. Wipf, MS, APRN-GCNS, LNCC®; and Contributor: Elena Capella, EdD, RN, CNL, CPHQ, LNCC®

    20. Medical Treatment Decisions: The Patient’s Choice

    Kelly Tanner, BSN, RN, CCRN-A, CNLCP® and Paula J. Yost, Esq., LPCA

    21. The Employee Retirement Income Security Act and Health Maintenance Organization Litigation

    Diane Trace Warlick, RN, JD

    Section V: OTHER LEGAL NURSE CONSULTING PRACTICE AREAS

    22. Risk and Patient Safety for the Legal Nurse Consultant

    Bruce Edens, MD and Andree Neddermeyer, RN, MBA, CPHRM, CSSGB

    23. The Life Care Planning Expert

    Tracy Albee, BSN, RN, PHN, LNCC®, CLCP, FIALCP; Mariann F. Cosby, DNP, MPA, RN, PHN, CEN, NE-BC, LNCC®, CLCP, CCM, MSCC; and Martha Heath Beach, MS, M.Ed., RN, CNS, ARNP, CNP, CRC, CCM, CDMS, CLCP, CNLCP®, CCRN, CNRN, CNOR, LNCC®, CCNS, ACNP-BC

    24. Medicare Set-Asides

    Jennifer C. Jordan, Esq., MSCC, CMSP-F and Leslie Schumacher, RN, CRRN, CCM, LNCC®, CLCP, CNLCP, MSCC, CMSP-F

    25. Healthcare Provider Licensure Investigations and Administrative Proceedings

    Julie Dickinson, MBA, BSN, RN, LNCC® and Marian Ead, BSN, RN

    26. Fraud: Government and Private Sponsored Health Plans and General Case Evaluations

    Rebecca Mendoza Saltiel Busch, MBA, CCM, RN, CFE, CPC, CHS¬IV, CRMA, CICA, FIALCP, FHFMA

    27. The Role of the Legal Nurse Consultant in the Insurance Industry

    Kari Williamson, BS, RN, LNCC®, CCM

    28. Bill Review: The Analysis of Claims for Healthcare Services

    Rebecca A. Reier, BS, RN, CRNA (Ret.), CCS-P

    Section IV: LEGAL NURSE CONSULTANT ROLES

    29. Legal Nurse Consultant Practice within a Law Firm

    Elizabeth K. Zorn, BSN, RN, LNCC® and Julie Dickinson, MBA, BSN, RN, LNCC®

    30. The Independent Legal Nurse Consultant

    Anne Meyer, BSN, RN, LNCC® and Cathy Weitzel, MSN, APRN

    31. The Legal Nurse Consultant as Expert Witness

    Mariann F. Cosby, DNP, MPA, MSN, RN, PHN, CEN, NE-BC, LNCC®, CLCP, CCM, MSCC and Tricia West, MBA/HCM, BSN, RN, CHN, PHN

    32. The Expert Fact Witness: Medical Summary Preparation and Testimony

    Patricia W. Iyer, MSN, RN, LNCC®

    Section VII: LEGAL NURSE CONSULTANT SKILLS

    33. Communication with Attorneys’ Clients in the Medical Malpractice Arena

    Sharon K. McQuown, MSN, RN, LNCC® and Cheryl E. White, MSHL, BS, AS, RN, LHRM, LNCC®, MSCC, DFSHRMPS

    34. Researching Medical Literature and Other Information

    Katy Jones, MSN, RN

    35. Report Preparation Principles and Process

    Joahnna Evans Budge BSN, RN, CCRN, CLNC

    36. Locating, Screening, and Communicating with Expert Witnesses

    Julie Dickinson, MBA, BSN, RN, LNCC®

    Section VIII: CASE ADJUDICATION

    37. The Role of the Legal Nurse Consultant in the Preparation of Demonstrative Evidence

    Kelly K. Campbell, RN, BSN, CP, CLNC, CLCP; Sean Dennin; and Pat Iyer, MSN, RN, LNCC®

    38. Alternative Dispute Resolution: Arbitration, Mediation, and Other Settlement Modalities

    Margaret M. Gallagher, RN, MSN, LNCC®, CLNC; Annalese H. Reese, Esq.; and Paul K. Reese, Esq.

    39. Trial Preparation and the Trial Process

    Diane L. Reboy, MS, BSN, RN, LNCC®, CNLCP®, CCDS

    Glossary

    Noreen Sisko, PhD, RN

    Acronyms, Abbreviations, and Commonly Used Legal Symbols

    Noreen Sisko, PhD, RN

    Index

    Biography

    Julie Dickinson, MBA, BSN, RN, LNCC
    Ms. Dickinson is a Senior Claims Analyst at Allied World Assurance Company, where she handles professional and general liability claims against the company’s health care entity insureds. She previously worked as a Legal Nurse Consultant at a defense law firm, Fontaine Alissi, P.C. Julie is past President of the American Association of Legal Nurse Consultants and a recipient of its Distinguished Service Award. She is board-certified in legal nurse consulting and has lectured and published on numerous legal nursing topics.

    Anne Meyer, BSN, RN, LNCC
    Ms. Meyer is President of Med-Law Connection, Inc., a legal nurse consulting firm established in 2005. A registered nurse for 30 years, she serves as a consultant, educator, and expert witness for law firms, insurance companies, and health care systems, nationally. Anne is past chair of the American Association of Legal Nurse Consultants Certification Board and an item writer for the LNCC examination. She is board-certified in legal nurse consulting and has lectured and published on numerous legal nursing topics.