Expert Witness Advice

Editorial Team / Admin · Nov 28, 2013

Hello mrsmj20 and thank you for your question.

This particular topic I will be discussing in more detail at a later date. But, to answer your question now, you must determine exactly in what capacity your job would entail.

Does this Attorney wish to employ you as an "Expert Witness" only? Or, does he want your primary role to be that of a "consultant"?

As a consultant (LNC), you will be reviewing cases for merit, finding deviations from SOP, evidenced-based care across the healthcare spectrum; in other words, finding deviations from standard practice by the Nurse, Physician and other Health Care Providers (HCP).

As a consultant, your work is considered "non-discoverable". Your work cannot be used by the opposition. Anything you write down (notes you make), entries into any computer, etc., is non-discoverable.

But, if your work is primarily that of expert witness, everything you use to review the chart, even written notes can be utilized by the opposition. Anything, including all work you enter in any computer.

working as an expert witness and reviewing cases

Crossing roles like this can be problematic for the Attorney with whom you establish a relationship. You need to find out exactly how he wishes to utilize your services. Does he want you as expert only? Or, both? From what you've said here, he wants you to do both.

As far as fees, you would command a higher fee as expert witness which would include being reimbursed for all expenses including travel, motel/hotel charges, etc. If you have years of experience in your area(s) of nursing, you will be valuable as an expert witness. Serving as expert witness, the opposition will use all ways to disenfranchise your testimony, so you need to consider this if this is your job role. This is not meant to discourage you or intimidate you, just to educate you.

I suggest looking/joining the American Association of Legal Nurse Consultants for more information from those whose primary role is that of expert witness only. And, of course, you can come back here if you need additional information to help you along as you consider your options.

Also, remember you do not need to be formally educated as a Legal Nurse Consultant nor be certified in order to practice as a consultant or expert witness. Of course, any education is not wasted and I would suggest that you consider looking into some courses as an LNC. I do not endorse any entity for this. The two main ones that RNs do consider are The American Association of Legal Nurse Consultants (link above) and the Vickie Milazzo program. There are others out there as well.

Please read the new Articles I've written about the LNC for the information in these Articles could also benefit you as you consider how you want to proceed. These Articles cover only working as a consultant, however, not as Expert Witness.

Marketing as a Legal Nurse Consultant: The Key to Success Part I

Marketing as a Defense Legal Nurse Consultant: The Key to Success Part II

Good luck with your decision and please come back here if you have additional questions/concerns.

mrsnj20 · Nov 30, 2013

Thank you for your reply. He said expert witness, but he also said review files, etc. I did see that they have a full-time position open for a LNC so I will check more into it.

Editorial Team / Admin · Nov 30, 2013

Hello,

Good. I'm glad you clarified this with him. Which position are you considering if you don't mind me asking? As Expert Witness I can tell you that you can charge a larger fee for your expertise especially if you have years of nursing experience and if you have expertise in more than one field of nursing. And, especially if your expertise is in a field of nursing where he is having a hard time finding someone he can depend on. One other question. Is he an Attorney for the Defense or Prosecution? Again, you do not have to answer any question here in public if you think it could compromise your identity.

If you have other questions, please do not hesitate to come back here and I, along with other LNCs, will try to assist you in the best way possible.

Good luck with your decision(s).