MARIJUANA, THE BRAIN AND CAR ACCIDENTS:

Studies from the Insurance Institute for Highway Safety have shown that the legalization of recreational marijuana has not increased the number of accident fatalities, but it has increased the number of car crashes.

The first study found that crashes are up by 6% in Washington, Oregon and Colorado compared with neighboring states that haven’t legalized recreational marijuana.

The 2nd study looked at the number of police-reported accidents before and after the legalization of recreational marijuana use. The findings were similar with a 5.2% increase in crash rates after the legalization of recreational use in all 3 states.

Some studies have shown that drivers under the influence of marijuana tend to have slower perception skills and weave more during simulations. More research has to be done to better understand the correlation between blood or fluid concentrations and psychoactive effects of tetrahydrocannabinol (THC), the main psychoactive ingredient in marijuana.

The legalization of recreational marijuana in WA could lead to an increase in the number of Personal Injury Cases you see in 2019. Call today so we can help you understand all those medical records

DOG BITE LAW:

According to the Center for Disease Control (CDC) approximately 4.7 million dog bites occur in the United States every year, and 800,000 of those bites end up requiring medical care. From 2005 -2017 fatal canine bites killed at least 438 humans but only 21% resulted in criminal charges.

There are many unique and complicated elements to a dog bite case. Who is the rightful owner? Is there insurance that covers the dog? Is the owner/handler responsible for the dog’s vicious actions? BUT one thing that is not complicated is how a Certified Legal Nurse Consultant (CLNC) can help analyze the damages, causation and future medical care needs of the victim.

Call today and save time, money and frustration on all your dog bite cases.

WHO USES CERTIFIED LEGAL NURSE CONSULTANTS?

ATTORNEYS: DEFENSE OR PLAINTIFF.

   Cases commonly worked on include:

1.     Professional negligence.

2.    Personal injury.

3.    Products liability.

4.    Toxic torts.

5.    Workers compensation.

6.    Medical case management.

7.    Criminal.

8.    Forensic nursing.

9.    Expert witness.

10. Life care planning.

 

LAW FIRMS:

   CLNC®’s are hired by Law Firms to provide assistance to Attorneys in cases involving healthcare and other medical related issues.

    Activities often include:

1.     Screening medical malpractice cases as they come in for merit.

2.    Summarizing and analyzing medical records.

3.    Conducting medical literature searches.

4.    Locating and communicating with expert/testifying witnesses.

5.    Developing demonstrative evidence, preparing affidavits, complaints, deposition and interrogatory questions/answers.

 

INSURANCE COMPANIES:

   CLNC®’s are hired in the insurance industry to ensure that the health care services payable are according to the benefits of the insurance policy, provided in the most cost effective/efficient way possible and justifiable within that policy.

  Accident, life and health insurance companies employ CLNC®’s to serve as:

1.     Case Managers.

2.    Utilization Review Specialists.

3.    Medical Bill Auditors.

4.    Policy Development Coordinators.

5.    Claims Adjusters.

 

HEALTHCARE SYSTEMS:

     Large healthcare organizations may have their own in-house claims or legal department, which function very similarly to an Insurance Company. CLNC®’s may preform roles very similar to those in an insurance company. (See above)

Hospitals, Ambulatory Care Centers and Clinics:

      CLNC®’s are usually employed in the Risk management, Quality improvement or Corporate compliance department. They are usually the primary investigators of potential or filed claims involving patients who were injured during the course of medical treatment.

      Their roles may include:

1.     Review medical records.

2.    Conduct patient/employee interviews.

3.    Prepare reports pertaining to adverse patient outcomes

4.    Participate in facility liability exposure meetings.

5.    Provide in-service education for staff.

6.    Make recommendations regarding resolution of claim.

7.    Be a part of the litigation team.

8.    Prepare employees for trial.

9.    Recommend experts.

10. Obtain medical evidence.

11.  Work with outside counsel.

12. Ensuring facility compliance with State and Federal regulations/standards.

13. Information management.

14. Healthcare privacy issues.

15. Identification/prevention of criminal/unethical activity within organization.

 

GOVERNMENT AGENCIES:

    CLNC®’s may work in a variety of government Agency’s including:

1.     Attorney General’s office.

2.    Department of Justice.

3.    State health Department.

4.    State health professionals licensing boards.

5.    Food and Drug Administration.

6.    Department of corrections.

  In this Role CLNC®’s may:

    1. Assist in defense of state Agencies (e.g.) a. Medical schools.

                                                                                  b. College infirmaries

                                                                                  c. Prison Healthcare system

    2. Write healthcare policies.

    3. Write administrative rules based on statutes.

    4.  Work as administrators.

    5.  Be involved in compensation programs for injured citizens.

    6.  Assist in analysis/investigation of cases involving compensation for injury.

    7. Investigate for government funded health care fraud cases.

 

FEDERAL OR STATE PATIENT SAFETY ORGANIZATIONS:

      CLNC®’s role within the patient safety organization is to:

1.     Analyze patient safety reports.

2.    Aggregate data to identify trends in patient safety events.

3.    Develop educational material to decrease recurrence of events that result in patient harm.

CLNC®’s are uniquely qualified for this type of work due to;

1.      Their clinical training.

2.     Risk management and quality improvement principles.

3.     Knowledge of patient safety regulatory requirements, at both State and Federal levels.

 

PRIVATE CORPORATIONS, BUSINESS AND INDUSTRY:

      CLNC®’s work with Attorneys and corporate health care associates on:

1.     Workers compensation treatment.

2.    Cost

3.    Litigation issues.

4.    Quality.

5.    Risk identification and management.

6.    Develop policies/programs for employee health issues, toxic exposure and loss prevention.

7.    Auditing.

8.    Product liability cases.

9.    Medical policy coordination.

10. Provide information to support insurance coverage decisions.

 

In all cases CLNC®’s may work independently or be hired as an employee of the company.

 

SCREENING FOR MERIT: PRIMARY SERVICE PROVIDED BY CLNC®'S

Screening is usually the first service provided by the CLNC® for Plaintiff or Defense Attorneys.

Cases are primarily screened to assess whether meritorious or defensible, analyzed to identify potential defendants and to determine if all four legal elements are satisfied:

a.    Duty

b.    Breach of duty

c.    Damages and injuries

d.    Causation

 

It is important to screen a case as early as possible in the legal proceedings to:

a.    Help lower costs

b.    Keep non meritorious cases out of the system

c.    Promote faster settlements

 

Screening is an objective opinion, usually given verbally or by email as to whether the case has merit or not.

A screening report usually consists of:

a.    The case theme

b.    The objective opinion of whether the case does/does not have merit

c.    Conclusion as to why the above decision was made

d.    Recommendations if the case were to proceed.  

 

Depending on the complexity of the case, the goal is to complete the screening within 3-8 hours.

In order for the case to be screened the CLNC® will need all relevant records and items which may include:

a.    Complete and unaltered copies of the medical records of the incident that is the bases of the case

b.    X-rays, CT scans, MRI’s, MRA’s, PET scans, SPECT scans

c.    Pathology slides and blocks

d.    Fetal monitor strips

e.    EKG monitor strips from ER, ICU, CODES

f.    Incident reports

g.    Photographs and videos

h.    Past medical records if applicable

i.     Subsequent treating records if applicable

j.     Other tangible items

k.    Medical bills

l.      Client narratives

m.   Interviews with plaintiff, defendant and witnesses

 

A CLNC® has a responsibility when screening a case to:

a.    Establish whether a conflict of interest exists

b.    Be informed of when the statute of Limitations expires in order to prioritize

c.    Be aware of economic implications

d.    Stay detached

e.    Give an objective opinion

f.    Screen quickly

g.    Look for evidence of tampering

h.    Answer all relevant questions and issues

If the case is meritorious, a screening report may then be developed into a full report with further investigation into the relevant records etc.

 

 

 

What is A CLNC®?

A Certified Legal Nurse Consultant is a Registered Nurse who has successfully completed and passed the CLNC® certification program developed by the company who pioneered the profession of Legal Nurse consulting. The CLNC® has the expertise as a health care provider to consult on medical related legal cases, analyzing, pin pointing and interpreting medical, nursing and hospital system events, in any case involving health, illness or injury.

A CLNC® can bridge the gap in Attorneys knowledge case by case. Whilst the Attorney is the legal expert the CLNC® is the expert on medical, nursing and health care systems. CLNC®'s screen cases for merit, review medical records, identify standards of care, prepare reports and summaries on the extent of injury of illness, assist with discovery, create demonstrative evidence and locate or act as expert witnesses.

The CLNC® acts as a specialized member of the litigation team whose professional contributions are often essential to achieving a fair and just outcome for all parties concerned.

 A little History:

As far back as the 1970’s Nurses were staring to get compensated for their expertise when consulting on legal cases that involved medical records. In the early 1980’s nurses who consulted in legal cases were primarily called “nurse paralegals”. Then in 1982 Vickie Milazzo created the new nursing specialty “Legal Nurse Consulting” and in 1984 she founded the first certification for Legal Nurse Consultants.

 

The specialty continues to grow and expand, Legal Nurse Consultants are now routinely used in medical related cases by Attorneys across the country, their skill, expertise and knowledge are irreplaceable within the legal team.