Legal Nurse Consultants
By Paula DiMeo Grant, RN, BSN, MA, JD
The complexity of the health care delivery system as it relates to legal issues has given rise to the demand for Legal Nurse Consultants [LNC]. LNCs are professional nurses with clinical expertise and training in the law. They provide an invaluable service to both the medical and legal professions in a variety of settings. Those settings include hospitals and other health care facilities, insurance companies, law firms (plaintiff or defense primarily in the areas of personal injury), medical malpractice and workers’ compensation, and private LNC practice. The responsibilities of an LNC are broad ranged and may involve any of the following duties: 1) evaluate and analyze medical records, 2) determine if the standard of care has been breached, 3) assist in risk management issues, 4) investigate state board licensing complaints, 5) evaluate medical malpractice claims, personal injury claims and/or workers’ compensation matters, 6) assist counsel with preparation for settlement or trial, 7) assist counsel during trial, 8) serve as an expert witnesses, 9) prepare for or conduct mediation of disputes, and/or 10) research and writing.
Expert nurse witnesses, because of their knowledge and training, are qualified to give opinions and testimony in a court of law. They are charged with imparting knowledge regarding nursing practice to attorneys, judges and juries. This knowledge, which impacts decisions, can have a lasting effect on the system of jurisprudence in this country. Further, expert nurse witnesses provide a mechanism to control the practice of nursing as illustrated by the Sullivan v. Edward Hospital (Il. S. Ct. 2004) case which held that a nurse and not a physician was qualified to give testimony on whether or not the standard of nursing care was breached. This was an important decision for nurses and appears to be the trend.
Typically, Legal Nurse Certificate Programs require nurses to have 60 college credits, a minimum of 2000 clinical hours and a current license to practice professional nursing as a prerequisite. Many LNC programs are college based and some are in conjunction with paralegal programs. Generally, the courses will include substantive and procedural law as well as courses in the legal and ethical issues of healthcare. There may also be courses in alternative dispute resolution and life care planning. Depending upon the program, it can take six months to a year for completion. Becoming a Legal Nurse Consultant can open doors to a new and exciting career option for the experienced Registered Nurse. Professional nurses looking to enhance or change careers should consider Legal Nurse Consulting.
Disclosure: Ms. Grant is a nurse attorney with an advanced degree in nursing education. She has developed and taught in college based Legal Nurse Consulting Certificate Programs in Connecticut and New York City. She and nurse attorney Diana Ballard recently co-edited a book titled: Law for Nurse Leaders: A Comprehensive Reference, published by Springer in April 2011.