Tort Reformand the Legal Nurse Consultant

July 2, 2015

Tort Reformand the Legal Nurse Consultant

legal nurse consultant at workDoes tort reform limit opportunities for legal nurse consultants? Absolutely not. As the pioneer in the field of legal nurse consulting, I have watched this profession grow and flourish during the last 21 years. Throughout that time many states have implemented some kind of reform, mostly involving non-economic damages (pain and suffering). Yet in every state where tort reform is in place, legal nurse consultants are actively and successfully practicing and growing their businesses by leaps and bounds. We will continue to enjoy even more electrifying growth over the next ten years.

Here’s why:

1. The number of U.S. attorneys continues to increase annually. Currently there are 1,058,662* attorneys in the U.S. and, as the Houston Chronicle states, at least “25 percent deal with medical malpractice and personal injury cases.”

2. At the national level, the U.S. Senate said “no” to a tort reform bill that sought to limit non-economic damages (pain and suffering) in malpractice suits to $250,000. Even if the Senate bill had passed, legal nurse consultants would still have plenty of cases to work on.

3. Most medical malpractice cases legal nurse consultants consult on involve significant economic damages, such as medical expenses and lost earning capacity. These high-dollar cases will continue to keep legal nurse consultants busy.

4. Legal nurse consultants don’t just consult on medical malpractice cases. We consult on general personal injury, products liability, toxic tort, criminal and a variety of other cases. Injury cases of all kinds will be with us as long as Americans breathe. Recovery for negligent injuries and the lost wages, medical bills and the like resulting from those injuries is the American way and is an ancient right that goes back to Mesopotamia in 2100 B.C.

5. In states that limit non-economic damages, attorneys are a bit more selective, concentrating on cases with significant physical and psychological damages (not just emotional distress or pain and suffering). That means both plaintiff and defense attorneys increasingly rely on legal nurse consultants for assurance that they’re making the best business decision in each case they take on. I even see a day when it will be considered legal malpractice for an attorney not to have legal nurse consultants working behind the scenes on their cases.

Medical malpractice cases simply aren’t going away. According to a March 3, 2003 article in BusinessWeek, the National Center for State Courts found that, despite tort reform, the national volume of medical malpractice cases filed has not changed over the last five years.

One factor contributing to the ongoing flood of litigation: Medical errors in hospitals kill up to 98,000 people each year, according to a 1999 study by the National Academy of Sciences Institute of Medicine. That’s 268 patients per day, or the equivalent of a fully loaded jumbo jet crashing every other day. This death toll is higher than the number of people who die from AIDS, breast cancer and car accidents combined. All of the legal nurse consultants I know would actually welcome a shortage of these cases.

Where’s the Real “Crisis”?

Isn’t this “attack on America” with so many people being killed in hospitals what we should be reforming? Instead of worrying about tort reform, we should be concerned about the Dark Ages of Healthcare perpetrated by managed care and the negligent providers who kill 268 hospital patients every day.

In spite of this boom in hospital “victims,” according to the BusinessWeek article mentioned above, the National Practitioner Data Bank (NPDB) reported that over the past ten years malpractice payouts have grown an average of only 6.2% per year. Yet the Journal of Health Affairs showed that the average rate of medical cost inflation over that same ten-year period was 6.7%. This doesn’t sound like an explosion in malpractice awards to me.

legal nurse consultant medical recordsWe are not experiencing a crisis of litigation but a crisis of malpractice. The NPDB reported that from 1990 to 2002, 5% of U.S. doctors were responsible for 54% of medical malpractice payouts, including jury awards and out-of-court settlements. The NPDB breaks this down further: Of 35,000 doctors with two or more payouts during that period, only 8% were disciplined, and of the 2,774 doctors who made payments in at least five cases, only 463 were disciplined.

The severity of that “discipline” is open to question. On August 28, 2003, the Houston Chronicle reported on the case of a Houston doctor who had been sued 78 times and made payouts in 45 cases totaling more than $13.3 million. His punishment? The temporary suspension of his license. I find this especially appalling since I myself consulted on many cases against this doctor as far back as the early 1980s.

Even these “bad apples” in the medical profession don’t significantly increase malpractice insurance premiums for the rest of the doctors. The truth is that insurance companies do not make their money from premiums, but from investing those premiums. When interest rates and returns are high, the companies prosper and often reduce premiums in competition with one another. When interest rates are low (as they are now), the companies’ returns suffer, and they must raise premiums to make up for the loss of investment income. In June 2003, the General Accounting Office issued a report to Congress (GAO-03-702, available at which found that insurers’ pricing decisions were affected not only by their losses on malpractice claims, but also by their loss of income from investments, prior premium history and other market conditions such as market share and the level of competition.

The bottom line on tort reform is this: Research has shown that there is no evidence of rising jury awards or the so-called high cost of litigation, and that the economy is the key to rising malpractice insurance premiums.

As unfortunate as they are, high-profile litigants like Linda McDougal (the woman whose doctor conducted an unwarranted double-mastectomy) and Jessica Santillan (the 17-year-old whose doctors failed to match her organ donor) may help to educate the public. The tragedy is that the healthcare system can disfigure or kill someone and still have the nerve to ask for a cap on damages, a concept that in effect frees these paid professionals and for-profit institutions from personal accountability. Try explaining that to the injured person and their family.

As long as the healthcare industry fails to police itself, there will be plenty of work for all of us.

Inc. Top 10 Entrepreneur Vickie L. Milazzo, RN, MSN, JD is the founder and president of Vickie Milazzo Institute (, the oldest legal nurse consultant certification company. Pioneered the legal nurse consulting profession in 1982. She is the author of the self help book for women, Inside Every Woman (

Article Source:

What is a Legal Nurse Consultant?

July 2, 2015

What is a Legal Nurse Consultant

A Legal Nurse Consultant is a member of a legal team. The Legal Nurse has a vast knowledge acquired during years as a professional nurse with additional education and training combined with clinical experience to speak authoritatively about the evaluation of causation, standard of care, damages and other medical related issues in legal-medical claims or cases.

A deep and thorough understanding of the critical analysis of healthcare records and medical literature is the primary area of knowledge for the legal nurse consultant to assist in the resolution or evaluation of medical legal claims and cases.

Legal Nurse Consultant News

How is a Legal Nurse Consultant Different?

Beginning in the early 1980s, legal nurse consultants have provided needed strategies and collaboration with legal teams for support of medically related litigation and other legal matters involving health care including by not limited to:

  • Medical Malpractice
  • Long-term care litigation
  • Elder Law
  • Personal Injury
  • Worker’s Compensation
  • Toxic Tort Law
  • Risk Management Law
  • Life Care Planning
  • Forensic Law
  • Criminal Law
  • Regulatory Compliance Law
  • Civil Rights Violations
  • Medicare Set-Aside Law
  • Employment Discrimination

The Legal Nurse Consultant’s training, education, experience and resourcefulness provided extensive clinical understanding and interpretation of a variety of medical legal arenas.

AALNC - American Association of Legal Nurse ConsultantsAdditionally, you should seek an LNC (Legal Nurse Consultant) that is professional trained and in good standing by an organization certified by the American Association of Legal Nurse Consultants (AALNC).  Board certification is required for each AALNC member via an accredited LNCC program.  These certifications demonstrate the experience, knowledge and commitment the the Legal Nurse has achieved.  Also, the AALNC nonprofit organization assures specific guidelines for the enhancement of the nurses in a consulting arena within the legal field.

The Certified Legal Nurse Consultant Is a Specialized Member of the Litigation Team

January 10, 2012

The career of nursing is one of technical medical knowledge as well as compassionate people skills. The mix of the two skill sets give nurses a rare and highly valued combination of career qualifications. Beyond the scope of patient care in a clinic or location such as a hospital or long term care facility is another aspect of nursing that can be a lucrative and highly in demand career known as certified legal nurse consultant. These professionals are highly sought after by attorneys who need their expertise in the reading of medical records and interpretation of those records and how they may relate to the facts of a case under litigation.

Legal Nurse ConsultantWhat are the requirements to become a certified legal nurse consultant? Of course the education of a nurse and the complete licensure and accreditation of the bodies in your locale are needed, the same as for any nursing program. In addition to that nursing background there are many courses that deal with the law and the legal system that are needed to get the career change on track. If you wonder what type of degree programs are available, you can easily find them by checking online in a search. There are a large variety of programs that offer the coursework needed to make the transition from direct patient care to the court room and all of the research and preparation that will be required to testify as an expert witness when called to do so.

Some of the things that are done by certified legal nurse consultants are research and preparation of documents that can be used in a trial or proceeding to support the client’s position regarding medical claims or health issues. There are a variety of case types that can require the assistance of the nurse and those types of cases can include, worker’s compensation, medical malpractice, product liability, or personal injury claims.

Certified Legal Nurse consultant jobs are well paid and the compensation is taking in to account the hours that the professional has spent in training and preparing to present their evidence to the court. This is a career that offers a mix of medical and legal expertise, and it is a fascinating aspect of the nursing field.

Certified Legal Nurse Consultant Saved Defendant Millions of Dollars on Settlement

January 10, 2012

Mediation was set for the next day. The plaintiff attorney stated that his client was severely injured during this accident and the defendant was responsible. He demanded $5,000,000 from the defendant above the $500,000 policy limits.

In response, the defense attorney clearly related the plaintiff’s ongoing complaints to his long history of HIV and hepatitis, the side effects of his medications and his noncompliance with his physician’s orders. As Susan had discovered, these facts had been documented in the medical record long before the accident, and his complaints were therefore not solely the result of the accident.

At this point the plaintiff attorney blurted out, “This case has been in my office for two years, and this is the first time I’ve heard this information.” He obviously had not used the services of a Certified Legal Nurse consultant.

The case settled for $10,000, a pittance compared to the initial $5,000,000 demand. “It was extremely satisfying,” Susan commented, “knowing my nursing expertise helped the defendant save millions.”

Medical Legal Cases

February 1, 2010

YouTube Understanding Medical Malpractice In Pennsylvania …
James I. Devine is devoted to providing skilled legal representation for medical malpractice, 5:55 Add to Medical Malpractice in Plastic Surgery Cases Pa by ScarlettLaw 4,715 views … View Video

images of Medical Legal Cases

PDF file Annotated Legal Cases On Physician-Assisted Suicide In The USA
I have an earlier collection of annotated court cases on the legal right of a mentally competent adult to refuse medical care, inevitably from its prior decisions holding that patients have a liberty interest in refusing to submit to specific medical procedures. Those cases include Jacobson v. … Document Viewer

News Excerpts From Recent Nebraska Editorials
The Associated Press Lincoln Journal Star. Jan. 17, 2012. State’s stake in the heart of rail Nebraskans who believe in passenger rail transportation have had little to encourage them for a long time. Amtrak comes and goes in the middle of the night, out of sight, out of mind, for the most part, in this automotive-driven state. If LB747 becomes law, they will have even less hope for any new … Read News

Medical Legal Cases images

(+)Michael J. Bresler, MD, FACEP – Could This Be You? Medical
MedicalLegal Case Studies cases through their course in the ED. Learn why they resulted in litigation and discuss ways in which both … Read More

Wikipedia Bolam V Friern Hospital Management Committee – Wikipedia, The …
All these legal issues can only be addressed by medical opinion policy issues involved but this is sometimes of little comfort to those who feel that they have not found justice in the legal system. In cases such as Whitehouse v Jordan the court holds that the doctor was not at fault because he … Read Article

pictures of Medical Legal Cases

About Freelance Jobs – Legal Freelance Jobs And Careers
Legal nurse consultants, also known as nurse paralegals, assist attorneys with the medicallegal aspects of a case. They analyze medical records; … Read Article

Medical Legal Cases

PDF file Medical Malpractice Law In The United States – Report
This is also true in medical malpractice cases. But in most legal cases, each party knows that they must pay their lawyers whether they win or lose, … Access Document

News Tragic Saga Ends With Death Of Ga. Child Killer
In an abrupt end to an already tragic saga, a 20-year-old maintenance man was found dead in an apparent suicide in a Georgia prison, just two days after pleading guilty to molesting and killing a little girl. … Read News

pictures of Medical Legal Cases

PDF file Landmark Legal Cases In Bioethics [Scope Note 33: 1997] http://bioethics. Landmark Legal Cases in Bioethics Susan Cartier Poland Only a few decades old, Pence, Gregory E. Classic Cases In Medical Ethics; Accounts of Cases That Have Shaped Medical Ethics, with Philosophical, Legal, … Read Content

Wikipedia Template:Medical Ethics cases – Wikipedia, The Free Encyclopedia
Legal cases in medical ethics. Andrew Bedner; Betancourt v. Trinitas; Tony Bland; Mordechai Dov Brody; Carol Carr; Coleman v. Lantz; Betty and George Coumbias; Dax Cowart; … Read Article

News Balancing Scientific Freedom And National Security
( Georgetown University Medical Center ) The US government’s request that the journals Science and Nature withhold scientific information related to the genetically modified H5N1 virus because of biosecurity concerns does not violate the First Amendment, say two Georgetown University professors. They caution, however, that a fair, transparent process undertaken by research organizations is … Read News

Consulting Nurse

January 31, 2010

pictures of Consulting Nurse

News Names & Faces For Jan. 15, 2012
Smith named Diplomat of Year … Read News

Consulting Nurse pictures

News Hires And Promotions (January 14, 2012)
Pediatric Therapy Partners hires DuToit Shera DuToit has joined Pediatric Therapy Partners in Fargo as an office assistant. … Read News

images of Consulting Nurse

PDF file Polaris Medical Legal Consulting Inc. – Legal Nurse
Polaris Medical Legal Consulting Inc. Legal Nurse Consulting – Ethics and Conduct . Did you know that Legal Nurse Consultants are held to a code of conduct specifically for … Document Viewer

Wikipedia Hospice – Wikipedia, The Free Encyclopedia
(Dame) Cicely Saunders was a British registered nurse whose chronic health problems had forced her to pursue a career in medical social work. … Read Article

Wikipedia Karl Rove – Wikipedia, The Free Encyclopedia
In 1981, Rove founded a direct mail consulting firm, Karl Rove & Co., in Austin. The firm’s first clients included Texas Governor Bill Clements and Democratic congressman Phil Gramm, … Read Article

Wikipedia Recruiter – Wikipedia, The Free Encyclopedia
In the U.S. job candidates may pay an up front retainer to consulting or counselling firms to assist them in their job search. Such firms are not typically known as retained recruiters but may provide recruiting services to organizations and therefore share the descriptive nature of the title. … Read Article

YouTube Legal Nurse Consulting Educational Center – YouTube
Legal Nurse Consulting School; Legal Nurse Consulting Advanced Education and Courses … View Video

Consulting Nurse images

News Nurse’s Vein Technique Gets Recognized
A west-central Illinois registered nurse is gaining worldwide recognition for pioneering a phlebotomy technique that makes getting stuck with a needle less painful and troublesome for patients. Working from her own business at The Nurses’ Station … Read News

About Deaf People Can Be Nurses – Deafness And Hard Of Hearing …
For the past six years I’ve done some consulting and chart review, Leave No Nurse Behind: Nurses Working with disAbilities; Nursing Jobs from Home … Read Article

YouTube Pat Iyer Testimonial: Legal Nurse Consulting Book …
Pat Iyer’s book, Legal Nurse Consulting: Principles and Practice (2nd ed), is appreciated by Besty Seymour, a legal nurse consulting practitioner and educator. http://www … View Video

About Reasonable And Customary Fee – Definition Of Reasonable And …
Learn the meaning of the term “Reasonable and Customary Fee” from your Guide to Health Insurance. … Read Article

Nursing Consulting

January 31, 2010

Wikipedia Far Eastern University Institute Of Nursing – Wikipedia, The …
*Master of Arts in Nursing. The Master of Arts in Nursing (MAN) President and CEO, Bayani Consulting Network, Inc. and Bayani Nurse Center, … Read Article

YouTube Pat Iyer Testimonial: Legal Nurse Consulting Book …
Pat Iyer’s book, Legal Nurse Consulting: Principles and Practice (2nd ed), 1:42 Add to Law and Nursing Conference by AusmedEducation 580 views … View Video

PDF file Consulting Services Liability Endorsement Complete Your …
159 East County Line Road • Hatboro, PA 19040-1218 1-800-247-1500 • Fax 1-800-758-3635 • Consulting Services Liability Endorsement Complete your Protection Today for Just $25 a Year. • For those nursing professionals who are paying a part-time premium: … Doc Viewer

YouTube Laura Horton Consulting: Senior Dental Nurse Discussing …
Laura Horton provides in house team training through her company Laura Horton Consulting. 5:52 Add to UB Dental-Nursing Program by buffaloskibum 11,086 views … View Video

About Wedding Planners – Career Information
What does a wedding planner do – find out what skills you need, what your earnings and startup costs will be, and what training you need – Get links to additional resources … Read Article

PDF file PowerScript Writing And Consulting
PowerScript Writing and Consulting Published in: Sinai Scene – employee newsletter for Mount Sinai Hospital, Toronto May 10 to May 21, 2010 edition Sinai Celebrates Nursing Week Nurses play a crucial role in our health-care system. … Document Viewer

YouTube Unleash Your Legal Nurse Consulting Dreams – YouTube
Legal Nurse Consulting; nursing career; nursing job; promises; Vickie Milazzo; RN jobs; entrepreneur; legal; nurse; License: Standard YouTube License 0 likes, 0 dislikes … View Video

images of Nursing Consulting

News 15 Ways To Improve Your Resume
If you remember the days of typewriters and carbon paper, then you know that word processing is nothing short of a miracle when it comes to making resumes. … Read News

What Is A Nurse Consultant

January 30, 2010

About Nursing Jobs From Home – Work At Home As A Telephone Nurse
But nursing jobs can take many forms including working as a telecommuting nurse. There are many types of work-at-home jobs for nurses. Nurses working from home might do telephone triage, … Read Article

YouTube Nurse Elder Care Consultant Gives Tips For Better Home Care …
Mary Di Sario, a Nurse Elder Care Consultant helps families navigate the confusing array of issues required to care effectively for an aging parent or disabled loved one … View Video

pictures of What Is A Nurse Consultant

News ‘The Bachelor’ Star Ben Flajnik Eliminates Jenna Burke And Shawn Reynolds
The Bachelor : ‘The Bachelor’ star Ben Flajnik eliminates Jenna Burke and Shawn Reynolds … Read News

What Is A Nurse Consultant photos

News Hospital Executives Facing Big Challenges From Health Care Reform, Towers Watson Survey Finds
NEW YORK–(BUSINESS WIRE)–A majority of human resource executives at U.S. hospitals and health care systems expect health care reform to hasten the transformation of the industry’s traditional business model, according to a new survey by global professional services company Towers Watson (NYSE, NASDAQ: TW). The survey also found that workforce issues, including shortages of primary care … Read News

YouTube Legal Nurse Consultant-Michele Holzman – YouTube
A friendly introduction from an experienced nurse who helps attorneys win their cases by translating medical malpractice issues. Also,Spanish fluent! … View Video

pictures of What Is A Nurse Consultant

PDF file Exploring The Role Of The Stroke Nurse Consultant In Scotland …
Exploring the role of the Stroke Nurse Consultant in Scotland: a qualitative analysis Campbell Chalmers Matriculation Number 94055475 A dissertation submitted in partial fulfilment of the requirements of Napier University for the degree of Master of Science in Nursing October 2004 … Get Document

About Legal Job Titles
Legal Nurse Consultant; Legal Records Manager; Legal Secretary; Legal Services Director; Litigation Docket Manager; Litigation Support Director; Magistrate; Mailroom Personnel; … Read Article

YouTube Legal Nurse Consultant Jobs, Legal Nurse Consultant Careers …
Search Legal Nurse Consultant Jobs. Find Legal Nurse Consultant Careers, Legal Nurse Consultant Employment, job listings, Job Search Video. For more information of Legal Nurse … View Video

Wikipedia Nursing Theory – Wikipedia, The Free Encyclopedia
Legal nurse consultant; Maternal-child; Medical-surgical; Midwifery; Military practice; Neonatal; Nurse educator; Nursing management; Obstetrics; Occupational health; Oncology; … Read Article

What Is A Nurse Consultant pictures

Microsoft Word – Ho w a Legal Nurse Consultant Can Help Win Your Case … View Full Source

pictures of What Is A Nurse Consultant

PDF file Foreword
Foreword Nurse Consultant posts were first introduced to Northern Ireland in September 2000. The establishment of these posts was intended to help provide better outcomes for patients by improving services and quality, to strengthen leadership and to provide career opportunities to help retain … Fetch Content