Category Archives: Expert witness

The Nurse Practitioner Role in the Physician Office

The nurse practitioner is a masters or doctorally prepared nurse. Increasingly in the future, nurse practitioners will be educated at the doctoral level. In 2004, the American Academy of Nurse Practitioners recommended a shift in the education of advanced practice … Continue reading

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What is an Expert Witness?

You are an attorney seeking to hire an expert witness. What makes an expert? The standard legal definition is “A witness qualified as an expert by knowledge, skill, experience, training or education.“ Ideally, you want the expert to be skilled … Continue reading

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Common Pitfalls in Report Writing

The inexperienced legal nurse consultant learns in the same way as the new clinical nurse – through on the job training. In nursing school we gain a tremendous amount of “book smarts” in the classroom but the most valuable training … Continue reading

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8 Top Uses of Expert Witness Reports

1. The expert’s report is a succinct and strong statement of the expert’s opinions about liability, causation, or damages. 2. The expert may craft a report to refute the position of the opposing expert. 3. The expert’s report demonstrates the … Continue reading

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The Importance of a Degree in Raising the Credibility of an LNC as an Expert Witness

Legal nurse consultants are in demand today, not just for their research and interpretation skills, but also because of their credibility as expert witnesses in medico legal cases. LNCs are not required to hold a degree – an RN license … Continue reading

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Plaintiff winner #1: Wrong patient/wrong site surgery

Operate on the wrong patient or wrong side of the body? Unthinkable, you say? According to a new study, surgeons do this 40 times a week! A study of more than 27,370 adverse events self-reported by Colorado physicians was published … Continue reading

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Nurse Practitioners: Risks for Nursing Malpractice by Pat Iyer and Pat Goode

New roles and responsibilities, expansion of practice areas and changes in insurance patterns have meant increasing professional liability risks for nurse practitioners, one of the four major types of advanced practice nurses. Others include nurse anesthetists, nurse midwives, and clinical … Continue reading

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Why Doctors Should Not Testify to Nursing Standards of Care by Pat Iyer

The Illinois case called Sullivan V. Edward Hospital, 806 NE 645 (Ill. 2004) involved a man who climbed over side rails and was found on the floor with a head injury. The plaintiff attorney supplied a physician as the liability … Continue reading

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Obtaining Diagnostic Imaging for a Potential Medical Malpractice Claim based on a chapter by Peter Berge JD, MPA, PA

The liability of a failure to diagnose or delay in diagnosis medical malpractice case often rests on the information revealed by a diagnostic test. Both defense and plaintiff attorneys and their experts will be interested in what the test showed. … Continue reading

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Specifying the Format of the Medical Records based on a chapter by Peter Berge JD, MPA, PA

Records are obtained by plaintiff’s counsel prior to filing a medical malpractice suit. Ordering an extract of the medical record (typically containing information such as the admitting history and physical examination, discharge summary and laboratory results) is rarely appropriate in … Continue reading

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