The Role of the Legal Nurse Consultant

Here are frequently asked questions about the role of the Legal Nurse Consultant (LNC).


(1) Realistically what type of person/personality does it take to be an LNC?

One must be dedicated and persistent. Possess the ability to interpret accurately, the medical record. Be willing to spend countless hours pouring over a medical record (one of merit) searching for the commonality that links the 4 parts of the medical malpractice case.


(2) What are the general duties of the LNC?

Here are but a few of the duties of the LNC:

• Review a case for merit
• Interpret medical record and translate medical/nursing terms, diagnoses, and treatment plans for the attorney-client
• Write brief to comprehensive reports
• Create timelines of important events and develop illustrations for demonstrative evidence
• Locate and secure expert witnesses
• Educate the attorney-client
• Define applicable Standards of Care (deviations and adherences)
• Conduct literature research applicable to the case
• Review, analyze and summarize depositions
• Prepare for deposition and trial preparation
• Attend depositions, trials, review panels, arbitration, and mediation hearings
• Assist in the preparation of witnesses and experts for deposition and trial
• Coordinate and attend independent medical exams (IME)

(3) Can you choose to specialize in one specific area of LNC like OB/Neonatal?

No. There are no specialty areas for the LNC who practices as consultant only. One will accept and review all types of cases. If you feel you are unable to handle a case, you can sub-contract. But, never refuse a case because you have little or no clinical experience in the area in question.

Now that said, if you choose to testify as an expert witness then, yes, you will do this in your specialty area only. If your expertise is heavily NICU, for example, your area of specialty as an expert would lie here. But, the LNC is not required to be an expert witness in order to do consultant work. Some LNCs choose to NEVER testify.

(4) What is the average time you spend on a case?

That depends on what all is needed to complete the case. I've taken a case on Tuesday and the attorney wanted a final report (comprehensive) on the following Friday. End of case. I'm currently still active on a case and have been for the past 2 years. Much depends on the attorney, the type of case, statute of limitations, court dates, etc.

(5) Are the training programs focused on medical Law or the Law in general?

Areas are focused on nursing standards, clinical nursing; medicine which links medical law. But, you are the consultant/expert in nursing and all that encompasses. You are not the legal expert and the "Law" is the domain of the attorney-client.

(6) Is it realistic to work from home?

Yes, my business is in my home. You can also choose to be employed in-house.

(7) In general, do attorneys and their staff respect the LNC?

Yes. Some require more education about the LNC than others which is part of the role of the Legal Nurse Consultant; educating the attorney-client and his/her staff.

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Bottom line: If the RN is truly interested, he/she needs to start researching different avenues of education. Also, the RN should truly understand why he/she desires to seek this nursing career path. Examine your own reasons why you are choosing to enter into the world medical-legal nursing. Many choose this career thinking it is a "get-rich-quick" career. It is not. Much hard work is expected to be successful.

Finally, you need to possess the ability to market yourself. The key to success for the LNC. This takes determination, persistence and an un-dying ability to forge ahead despite disappointment.

I will cover marketing techniques in another entry.