The Role of the Legal Nurse Consultant

[sirI, MSN, APRN, NP]

Here are a few questions from members about the role of the Legal Nurse Consultant (LNC):

(1) How do I become a Legal Nurse Consultant?

The Registered Nurse (RN) who is interested can practice as a Legal Nurse Consultant (LNC) without any formal training. I would never, personally, advise the RN to consider working as LNC without the education, however.

There are several courses available and I suggest each person to research the differing entities in depth before deciding upon one.

Here is a thread about two LNC programs, the American Association for Legal Nurse Consultants (AALNC) online program and the Vickie Milazzo CLNC program (the two most popular LNC programs):

AALNC and Milazzo Legal Nurse Consulting Programs

The only requirement to practice as an LNC is:

• Current, unencumbered RN license
  

(2) How much RN experience is necessary before working as an LNC?

It is suggested, and I agree, that the RN have at least 3 to 5 years experience before working as an LNC.

(3) Realistically what kind of person/personality does it take to be a 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.

(4) 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 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)
  

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

No, no specialty area of the LNC 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 be an expert witness then, yes, you will do this in your specialty area only. If you are heavily NICU, for example, your area of specialty would lie here. But, you do not have to be an expert witness in order to do consultant work. Some LNCs choose to NEVER testify.

(6) 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 6 months. Much depends on the attorney, the type of case, statute of limitations, court dates, etc.

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

You 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.

(8) Is it realistic to work from home? Must I be licensed in every state where I receive a case/work on a case?

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

b. No, you only need to be licensed in your state of residence.

(9) 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 looking at different avenues of education. Please check out the sticky threads I have prepared at the top of this forum. You will find many educative avenues for the LNC.

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. This career is not a "get-rich-quick" career nor is it a sham. Many pursue this and many fall to the wayside.