“Nurse expert witness’s work in conjunction with attorneys, paralegals, and others involved in the legal process. The LNCs scope of work does not include the practice of law or the functions of paralegals. Professional nursing education and experience sets the nurse expert witness apart from other members of the litigation team.”

We must know– Have you ever interacted with a member of the opposing counsel’s team and noticed the designation of an expert medical witness in nursing or LNC Legal Nurse Consultant after their name? Did you ever wonder what that person’s role was, or even what makes them uniquely qualified to have the title of nurse expert witness in Michigan? From the inception of this blog series, we have routinely discussed why LNC’s will act as force multipliers for your legal team, in important cases. On today’s topic, we will specifically discuss the role of nurse expert witness in litigation.

The Role Of A Expert Medical Witness in Nursing Litigations

Nurse expert witness’s work in conjunction with attorneys, paralegals, and others involved in the legal process. The LNCs scope of work does not include the practice of law or the functions of paralegals. Professional nursing education and experience sets the nurse expert witness apart from other members of the litigation team. Just how nursing is firmly established as a separate profession apart from medicine within the healthcare field, so too is the role of the nurse expert witness in Michigan, within the legal profession. Confusion on the specific roles, capabilities, and functions of the nurse expert witness may arise because, in certain settings, tasks assigned to the nurse can overlap with those of paralegals. 

Even though most nurse expert witness have garnered ample knowledge of the legal system through consulting with attorneys and through legal seminars, legal education is not a precursor to the practice of legal nurse consulting (an important distinction between the LNC and the paralegal). The particulars of the role however, may include a general working knowledge of the relevant substantive and procedural law, and regulatory guidelines that affect the LNCs case load. This is especially true for nurse expert witness working on mass tort or environmental contamination claims.

The History Of The Nurse Expert Witness Role

No one is exactly sure when nurses first started to receive recognition as nurse expert witness, since nurses have practiced as informal legal consultants to attorneys for many decades. For over 30 years now, nurse expert witness have acted as collaborators, strategists, and educators, by offering support in medical-related litigation. As the specialty has continued to grow, so have the practice areas where nurse expert witness apply their skills. During the 80s, with the advancement of nursing malpractice litigation, nurses increasingly sought to opine on the standards of the nursing practice. 

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Serving as a Nurse Expert Medical Witness

Through the process of serving as expert medical witnesses, it became clear to attorneys that nurses were more than qualified to assist them in a multitude of ways outside the courtroom. In fact, The American Association Of Legal Nurse Consultants (AALNC), was founded in 1989. Due to the rising need for this niche, the association profoundly dedicated itself to the professional enhancement and growth of registered nurses practicing in the specialty of legal nurse consulting, and the advancement of the nursing specialty. The AALNC published the first edition of its Scope Of Practice and Standards in 1994, which guides the nurse expert medical witness or legal nurse consultant’s practice and professional performance. Certification for the legal nurse consultant subspecialty was first developed by the American Legal Nurse Consultant Certification Board (ALNCCB), and the first LNC certification exam was offered in 1998. The LNCC credential is the only legal nurse consultant certification recognized by the American Board Of Nursing Specialties (ABNS) and the Accreditation Board For Specialty Nursing Certification. In 2006, in collaboration with the American Nurses Association (ANA), AALNC updated the Scope & Standards of Practice For Legal Nurse Consulting. From this collaboration, the ANA officially recognized legal nurse consulting as a specialty practice of nursing. 

Partnering With Legal Nurse Consultants

As a rule of thumb, lawyers look for case consultants who can easily translate complex issues into clear, simple terms that are easily digestible for the legal team, juries, and judges. Attorneys consult with legal nurse consultants because of their expertise in nursing and healthcare. They effortlessly apply their education and experiential background to the medical legal issues in each case, evaluating and presenting a complex piece of medical information in such a way, that provides the litigation team with a greater understanding of the facts found in the medical record, providing these valuable services at a lower cost than a physician consultation.

These professionals are not only valued for their ability to break down the facts found in the record, but also for their ability to call attention to information that may have been omitted or falsified, protocols that were not followed, and possible behind the scenes considerations. LNCs understand the nuances of the complicated healthcare system and can pick up on the subtleties in the medical records, whereas a non-medical professional might not. Typically speaking, the more medically complex the case, the more a legal nurse consultant can contribute. They provide much support in medically-related litigation and other medical legal matters in a variety of practice areas which include medical negligence, personal injury, product liability, worker’s compensation, toxic torts, mass tort class actions, fraud, abuse, regulatory compliance, criminal law, elder law, and life care planning. Given the frequent changes in this industry, especially healthcare, it is likely that the list of practice settings for legal nurse consultants will continue to see rapid growth.

nurse expert witness in detroit mi

The Role Of Legal Nurse Consultants In Litigation: Legal Nurse Consultants In Michigan That Are Ready To Assist!

Our team of LNCs at SPLNC & Associates, LLC have consistently carved out a path for ourselves and for the clients we represent. With years of experience our legal nurse consultants and our team of expert witnesses can help you win your next case. To get started, contact us today to get info on the specifics of service.