Legal Nurse Consulting Principles, 3rd Edition

Visit the link below to download the full version of this book:
https://cheaptodownload.com/product/legal-nurse-consulting-principles-3rd-editio
n-3rd-edition-full-pdf-docx-download/
 LEGAL NURSE
CONSULTING
PRINCIPLES
Third Edition

Edited by
Ann M. Peterson, EdD, MSN, RN, FNP-BC, LNCC
Lynda Kopishke, MSN, RN, LNCC

Associate Editors
Teddylen A. Guffey, MHSA, BSN, RN, LNCC
Marilyn R. Mason, RN, LNCC
Luanne Trahant, MSN, RN, LNCC
Margaret S. Wacker, RN, PhD

Boca Raton London New York

CRC Press is an imprint of the

Taylor & Francis Group, an informa business
CRC Press
Taylor & Francis Group
6000 Broken Sound Parkway NW, Suite 300
Boca Raton, FL 33487-2742

© 2010 by American Association of Legal Nurse Consultants

CRC Press is an imprint of Taylor & Francis Group, an Informa business

No claim to original U.S. Government works

Version Date: 20140310

International Standard Book Number-13: 978-1-4398-8258-0 (eBook - PDF)

This book contains information obtained from authentic and highly regarded sources. Reasonable efforts have been made to
publish reliable data and information, but the author and publisher cannot assume responsibility for the validity of all materials
or the consequences of their use. The authors and publishers have attempted to trace the copyright holders of all material repro-
duced in this publication and apologize to copyright holders if permission to publish in this form has not been obtained. If any
copyright material has not been acknowledged please write and let us know so we may rectify in any future reprint.

Except as permitted under U.S. Copyright Law, no part of this book may be reprinted, reproduced, transmitted, or utilized in any
form by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying, microfilming,
and recording, or in any information storage or retrieval system, without written permission from the publishers.

For permission to photocopy or use material electronically from this work, please access www.copyright.com (http://www.copy-
right.com/) or contact the Copyright Clearance Center, Inc. (CCC), 222 Rosewood Drive, Danvers, MA 01923, 978-750-8400.
CCC is a not-for-profit organization that provides licenses and registration for a variety of users. For organizations that have been
granted a photocopy license by the CCC, a separate system of payment has been arranged.

Trademark Notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identifica-
tion and explanation without intent to infringe.
Visit the Taylor & Francis Web site at
http://www.taylorandfrancis.com

and the CRC Press Web site at

http://www.crcpress.com
Acknowledgment from
Ann M. Peterson

This edition reflects the team effort of many contributors working long hours to produce a book
that will provide a foundation for LNCs, attorneys, and others involved in the litigation process of
health care issues. The authors provided countless hours, sharing their expertise, to the difficult
labor-intensive process of revising or writing new chapters.
The reviewers provided excellent feedback to help shape the chapters as being comprehensive,
yet practical.
The associate editors were key managers, providing feedback and guidance, while moving the
project forward.
The AALNC Board of Directors has provided continued vision, support, and resources over
the past three years to ensure this publication would be available for all nurses practicing in the
medical-legal arena. It reflects the mission of our association and we are proud to present it to you.
The staff at AALNC provided support and encouragement while assisting in keeping the lines
of communication open and keeping the project on course.
I particularly want to thank our families, who have supported the often arduous and time-
consuming efforts spent in coordinating the project. Your patience and encouragement through-
out this project lightened the task of bringing this book to publication.

Ann M. Peterson, EdD, MSN, RN, FNP-BC, LNCC

Senior Editor

v
Acknowledgment from
Lynda Kopishke

Working on the third edition has been both a labor of love and an opportunity for professional
growth. Having the chance to collaborate with Ann Peterson as co-senior editor was a delight.
All the authors involved in this process have generously given their time and talents to make this
text a success. Your words will shorten the learning curve for many as they journey through
their careers as legal nurse consultants. Choosing to expand the previous edition, with specialty
practice chapters, begins the process of highlighting emerging areas of legal nurse consulting
practice.
No text is ever published but for the assistance and support of the behind-the-scenes profes-
sionals: the associate editors who gave selflessly of their time to communicate, edit, and support
the authors, and the senior editors. This product would never have come to fruition without your
efforts and support. I offer kudos to the associate editors for a job well done!
The reviewers for each chapter added a dimension of content expertise and assisted the authors
in honing each topic to make it meaningful to the readers. Many thanks for the great suggestions
and support of the reviewers, many of whom burned the midnight oil in order to turn the product
around in an expedited manner to meet deadlines.
A huge thanks to the AALNC staff and particularly Emily Palmer for all the support, patience,
gentle guidance, and hard work that was required to put this text in the publisher’s hands. Emily
handled the day-to-day internal operations and logistics of this text, allowing the rest of us to
focus on the creative process. Wishing you weekends of peace and fun now Emily! This text would
not have evolved to a third edition without the foundation provided by previous editors, authors,
and reviewers. The specialty practice of legal nurse consulting owes its history to your persistence
in the written word. Many thanks for your guidance and forward thinking.
Lastly, I want to say thank you to my family, who provided unconditional love and support
during the many hours of volunteer work required to craft this edition. You deserve recognition,
and knowing the time you sacrificed allowing me to finish this project is a precious gift that I will
cherish forever.

Lynda Kopishke, MSN, RN, LNCC

Senior Editor

vii
Preface

From the first edition of this book published in 1998, the special practice of legal nurse consulting
has grown by leaps and bounds. In the early years, practice primarily focused on the education and
support of attorneys practicing in medical litigation areas. The American Association of Legal
Nurse Consultants (AALNC) has supported the growth of legal nurse consulting to include a rigor-
ously administered certification process, and a Scope and Standards of Practice published by the
American Nurses’ Association. Over the past 20 years, the practice of legal nurse consulting has
grown to include areas such as life care planning, risk management, administration health law,
criminal law, toxic torts, product liability, technical support in the courtroom, and much more. The
opportunities for the education of legal nurse consultants have grown as well, with many online and
college-based courses utilizing the Principles and Practices text as a core for curriculum development.
This third edition seeks to continue the expansion of the specialty practice with focus on
emerging areas for legal nurse consultants to explore. This edition was created after a careful analy-
sis of the current practice environment, a focus survey of membership, and a review of the practice
analysis undertaken by the American Legal Nurse Consulting Certification Board (ALNCCB).
Thoughtful analysis was completed to determine additions and deletions to the text that would
best serve readers for several years to come.
The scope of this project was handled in an efficient and thoughtful manner. A talented group
of associate editors each volunteered to take on six chapters to mentor, edit, and support. An invi-
tation to previous edition authors was extended to allow past authors to contribute to this edition.
A vetting process for new authors yielded many competent chapter authors who were willing to
share their expertise in this all-volunteer project. A decision to expand the glossary and acronym
sections allows the reader to quickly learn new information. The decision to evolve into a two-
volume set took into consideration the needs of both novice legal nurse consultants and advanced
practitioners for up-to-date information delivered in a cost-effective manner.
It has been our privilege to incorporate the skills and talents gathered for this project and
shepherd them to fruition. It is indeed the opportunity of a lifetime to stand shoulder to shoulder
with caring professionals, contributing to the future of nursing. On behalf of the authors, associ-
ate editors, reviewers, and staff, we invite you to read with vigor and enjoy!

Lynda Kopishke, MSN, RN, LNCC

Ann M. Peterson, EdD, MSN, RN, FNP-BC, LNCC
Senior Editors

ix
Editors

Senior Editors
Ann M. Peterson, EdD, MSN, RN, FNP-BC, LNCC, president of Ann M. Peterson & Associates,
received a diploma in nursing from Boston City Hospital School of Nursing, a Bachelor of Arts in
Psychology, a Master of Science in Nursing, and a Doctorate in Higher Education Administration.
Dr. Peterson is an experienced legal nurse consultant working with both defense and plaintiff
attorneys on medical malpractice, nursing negligence, personal injury, and criminal cases. She has
a background in health care administration and advanced clinical practice, has held an academic
appointment as an assistant professor at the graduate level, and has multiple publications to her
credit. She is a current member of AALNC and the past president of the Rhode Island Chapter
of AALNC. She has also served on the Massachusetts Nurses Association (MNA) Congress on
Nursing Practice and the Blue Ribbon Commission on Health Policy and Legislation, and is a
panel member of the Massachusetts Medical Malpractice Tribunal.

Lynda Kopishke, MSN, RN, LNCC received her diploma in Nursing from St. Francis Hospital
School of Nursing in Wilmington, Delaware. After many years of successful practice, Ms. Kopishke
returned to Wilmington University, where she obtained a Bachelor of Science and a Master of
Science in Nursing. She became certified as a legal nurse consultant in 2000. She served on the
Board of Directors of the American Association of Legal Nurse Consulting at both the local and
the national level. She is past editor of the Journal of Legal Nurse Consulting, a reviewer for the
second edition of Principles and Practices, and a published author and national speaker on topics
associated with nursing and legal nurse consulting. She operates an independent consulting busi-
ness, Forensic Matters. Ms. Kopishke has been admitted at trial in several states and at the federal
level as an expert witness in standards of nursing care as well as in life care planning. She is a nurse
educator, researcher, and strong advocate for nursing practice.

Associate Editors
Teddylen A. Guffey, MHSA, BSN, RN, LNCC has worked clinically in both nursing and health
care administration for 8 years before entering the field of legal nurse consulting. In the years
since, Ms. Guffey has worked as an independent legal nurse consultant (LNC) and as a profes-
sional staff member of the law firm team, assisting in the provision of medical malpractice repre-
sentation and litigation services.
xi
xii ◾ Editors

In addition to having her Master’s Degree in Health Services Administration, Ms. Guffey has
authored numerous articles on various topics ranging from health care rationing to the business
realities of the LNC’s role within the field of Law. She served 5 years on the board of the Phoenix
Chapter of the American Association of Legal Nurse Consultants as president, vice president, past
president, and program chair and has given numerous presentations locally and nationally con-
cerning risk and medical malpractice management within the health care field.
Currently, Ms. Guffey is the principal of Guffey & Associates, PC, a law firm specializing in
providing business, legal, and risk management services to physicians. She continues to work in
the field of legal nurse consulting, risk management, and medical–legal business consulting.

Claire A. Hoff man, MS, RNC, CDDN, CLNC is the president of Hoffman Associates, a health
care and medical legal consulting firm, which focuses on all aspects of geriatric care, developmental
disabilities, regulatory compliance, and standards of care. She has been in legal nurse consulting
for 23 years and has been retained as an expert for both plaintiff and defense law firms throughout
the country to conduct record reviews, determine case merit, and consult with attorneys in prepa-
ration for depositions/trials, and as an expert witness. Ms. Hoffman has been recognized by the
US Congress and professional associations for her advocacy for individuals with developmental
disabilities.

Marilyn R. Mason, RN, LNCC has practiced as a legal nurse consultant since 1986. She has
worked in both plaintiff and defense litigation, holding positions within law firms as well as prac-
ticing in an independent consulting capacity. Her clinical experience includes emergency room,
psychiatric, medical–surgical, and administrative nursing. Ms. Mason is currently employed at
Winer & McKenna, working in the areas of personal injury, medical malpractice, products liability,
and employment law. She received her nursing diploma from Barnes Hospital School of Nursing
in St. Louis and her bachelor’s degree in health administration from St. Mary’s College in Moraga,
California. She is a registered nurse through the California Board of Registered Nursing. Ms.
Mason has published in national journals and spoken to and consulted with nurses, paralegals, and
attorneys, at both the national and the local levels, on medical issues in litigation. She has been a
member of the San Francisco State University Faculty, teaching and advising for the legal nurse
consulting certificate program. She is a founding member and past president of the American
Association of Legal Nurse Consultants (AALNC) and is certified by the AALNC in Legal Nurse
Consulting (LNCC).

Tracy Patrick-Panchelli, BSN, RN-BC, CPN has been an AALNC member since 1999 and
has had an independent legal nurse consulting practice, focusing on medical malpractice plaintiff
and defense work, since 2001. In 2009, she was elected president of the Philadelphia Chapter
of AALNC and also became a member of the planning committee for the AALNC National
Educational Conference. Tracy earned her Bachelor of Science degree in Nursing from the
University of Pennsylvania in 1993 and matriculated in the Master of Science in Nursing—Health
Care Administration program at Villanova University in 2009. She is a certified pediatric nurse
and is also board certified in nursing professional development. She is employed by Nemours/
Alfred I. duPont Hospital for Children in Wilmington, Delaware, as Coordinator of Nursing
Continuing Education and as a staff nurse on the Critical Care Transport Team.

Bonnie Rogers, DrPH, COHN-S, LNCC, FAAN is a professor of Nursing and Public Health
and is director of the North Carolina Occupational Safety and Health Education and Research
 Editors ◾ xiii

Center and the Occupational Health Nursing Program at the University of North Carolina,
School of Public Health, Chapel Hill. She is an independent legal nurse consultant in occupa-
tional safety and health, public health, and malpractice plaintiff and defense work. Dr. Rogers is
a nurse ethicist, holds a postgraduate certificate as an adult health clinical nurse specialist, and is
certified as a legal nurse consultant, in occupational health nursing and in case management. She
is a fellow in the American Academy of Nursing and the American Association of Occupational
Health Nurses.
Dr. Rogers has conducted several funded research projects with a major focus on hazards to
health care workers. She has worked on several committees with the Institute of Medicine and
completed several terms as an appointed member of the National Advisory Committee on
Occupational Safety and Health. She is currently on the AALNC Nominating Committee and
Editor of the AALNC Journal of Legal Nurse Consulting.

Luanne Trahant, MSN, RN, LNCC has been a legal nurse consultant for over 9 years and is the
co-owner of Consulting Concepts of Louisiana, Inc. She has been a practicing registered nurse for
over 17 years in multiple nursing and administration settings, including medical surgical nursing,
orthopedics, rehabilitation, long-term care, home health, hospice, pediatrics, intensive care, cardi-
ology, and psychiatric care. Mrs. Trahant has served her profession as a staff nurse, charge nurse,
director of nursing, and administrator in long-term care settings. She received her Bachelor of
Science in Nursing from Northwestern State University in 1992, a Master of Science in Nursing
from the University of Phoenix in 2005, and is currently completing a postgraduate certificate as
a Family Nurse Practitioner. Mrs. Trahant plans to serve the elderly population as an FNP. She
is an active member in national, state, and local nursing associations and forums to help advance
the nursing profession. Additionally, she is an avid supporter and advocate for the advancement of
nursing in long-term care and the elderly population. For the last 9 years, she has provided indepen-
dent consulting and expert witness services to plaintiff and defense attorneys nationwide in the
areas of long-term care, rehabilitation, orthopedics, administration, and general nursing standards.

Margaret S. Wacker, RN, PhD is the director of Nursing at Lake-Sumter Community College,
and the president of Wacker and Associates. She is a nationally recognized speaker, writer, and
expert witness in pain management. She is an experienced legal nurse consultant working for
defense and plaintiff attorneys on issues of nursing negligence and pain management. She is active
in professional organizations, received the Florida Nurses Association District 14 Nurse of the
Year award in 2006, and has served on the Rhode Island Attorney General’s Task Force for End
of Life Care since 2001. Dr. Wacker has held academic appointments at the University of Rhode
Island and Yale University. She was a graduate of Saint Catherine’s School of Nursing, received her
Bachelor of Nursing at New York University, a Master of Science degree from Adelphi University,
a Master of Arts degree in Anthropology from the State University of New York at Stony Brook,
and a PhD in Nursing from New York University.

Cheryl E. White, RN, BS, MSHL, LNCC, LHRM, MSCC, DFSHRMPS has almost 25 years
of extensive legal nursing experience. She has an MS in Health Care Law, a BS in Health Care
Administration, and over 30 years experience as a registered nurse. Cheryl has been a risk manager
for three large health care organizations, works for the Florida Board of Medicine as an inspector
of physician offices seeking licensure in levels II and III office surgery, and has worked the last
eight years as an in-house legal nurse consultant to a defense firm. Cheryl is also a certified
Medicare Set-Aside Consultant.
Contributors

Tonia Dandry Aiken, RN, JD Jenny Beerman, MN, RN

Nurse Attorney Institute, LLC Beerman & Associates
New Orleans, Louisiana Kansas City, Missouri

Julie Anderson, JD, MSN, RN Julie Bogart

Sheehy, Serpe and Ware PC Prairie Village, Kansas
Houston, Texas
Lorraine E. Buchanan, RN,
Thomas H. Anderson, RN, BSN, BC MSN, CRRN
Independent Nurse Consultant Independent Allied Health
Philadelphia, Pennsylvania Consultants, Inc.
Blue Bell, Pennsylvania
Kathleen Woods Araiza, BA, RN
North Bethesda, Maryland Michelle Cannon, BSN, RN, CRNI
Green Lane, Pennsylvania
Gretchen Aumman, PhD, BSN, RN
Houston, Texas Elena Capella, EdD, MPA, MSN,
RN, CPHQ, LNCC
Mary Baldwin Central Coast Alliance for Health
Baldwin Consultants Santa Cruz, California
San Diego, California
Pat G. Carroll, RN, BSN, LNC,
Marguerite Barbacci, BSN, RN, MPH, CAISS
RNC, LNCC Exponent Failure Analysis Associates
Manns Choice, Pennsylvania Phoenix, Arizona

Sue Barnes, MSN, MSHCA, RN Tracey Chovanec, BSN, RN

Catholic Healthcare West Dushman, Friedman & Franks, PC
Phoenix, Arizona Fort Worth, Texas

Jane Barone, BSN, RN, LNCC Jan Smith Clary, BSN, RN, LNCC
Medi-Law Solutions Clary Medical Legal Consulting
Short Hills, New Jersey Greenwell Springs, Louisiana

xv
xvi ◾ Contributors

April Clemens, MSN, RN Kara L. DiCecco, MSN, RN, LNCC

Venice, California MedWise Consulting, Inc.
Bear, Delaware
Joyce M. Collins, RN, BSBA, CLNC, LNCC
Collins Medical Legal Consultants, Inc. Kevin Dubose, JD
Fountain Hills, Arizona Hogan Dubose & Townsend
Houston, Texas
Laura A. Conklin, MSN, MSA, RN, ONC,
CWS, LNCC, FCCWS, Dip. AAWM Christopher M. Duling, Esq., LL.M.
St. Clair Shores, Michigan Maron Marvel Bradley & Anderson, P.A.
Wilmington, Delaware
Margo R. Conklin, MSN, RN-BC, LNCC
Conklin Legal Nurse Consulting, LLC Jean Dworniczek, BSN, RN-BC
Kingstown, Virginia JD Medical Legal Consulting, Inc.
Valparaiso, Indiana
Patricia A. Costantini, RN, MEd,
LPC, CRC, CCM, CLCP, LNCC, D-ABVE Lucille Evangelista, BS, RN
Costantini Rehab Succasunna, New Jersey
Pittsburgh, Pennsylvania
Diana Faugno, MSN, RN, CPN,
Maureen A. Cregan, RN, LNCC SANE-A, SANE-P, FAAFS
Maron Marvel Bradley & Anderson, P.A. Forensic Nurse Consultant
Wilmington, Delaware Escondido, California

Colleen D’Amico, BS, RN Karen S. Fox, BSN, RN, LNCC, CPHRM

Preferred LINC LLC Th e Medical Resource Network, Inc.
Watertown, Connecticut Portland, Oregon

Deborah D. D’Andrea, BSN, BA, RN Gail N. Friend, JD, RN

D’Andrea Consulting, Ltd. Friend & Associates, LLP
Chicago, Illinois Houston, Texas

Cynthia Dangerfield, RN, CPN Patricia A. Fyler, BS, RN, CEN

Jacksonville, Florida Fyler Associates
Brea, California
Doug Davis, BSN, RN, DABFN
Arlington, Texas Margery Garbin, PhD, RN
C-NET
Shirley Cantwell Davis, BSN, RN, LNCC Jersey City, New Jersey
Davis and Associates
Atlanta, Georgia Cheryl Gatti, RN, BSN, LNCC
Lark & Gatti Medical Legal Consultants
Nathan Dean Watchung, New Jersey
Phoenix, Arizona
Adella Toepel Getsch, BSN, RN, LNCC
Susan Green DeWitt, MSN, RN Robins, Kaplan, Miller & Ciresi
Elkton, Maryland Minneapolis, Minnesota
 Contributors ◾ xvii

Madeline C. Good, MSN, RN, LNCC Mary Lanz, RN, LNCC

Fann & Petruccelli, PA Tolman & Osborne
Hollywood, Florida Tempe, Arizona

June Grant-Stafford, MSN, RN Jude Lark, RN, BSN, CCRN

Newark, Delaware Lark & Gatti Medical Legal Consultants
West Orange, New Jersey
Kathy Gudgell, JD, RN
Healthcare Law Consultants Barbara J. Levin, BSN, RN, ONC, LNCC
Lexington, Kentucky Hingham, Massachusetts

Mary Lou Hazelwood, RN, LNCC Pamela M. Linville, RN, CCRC, CPBT
Hazelwood Consultants Lexington, Kentucky
Stayton, Oregon
Barbara Loecker, MSEd, BSN, RN
Julianne Hernandez, MPH, BSN, RN Olathe, Kansas
Key Largo, Florida
Mary Lubin, BS, MA, RNC, NHA
Sandra Higelin, MSN, RN, CNS, San Leandro, California
CWCN, CLNC
Palm Springs, California Linda Luedtke, RN, MSN
MLCS, Inc.
Karen J. Huff , BSN, RN, LNCC Naperville, Illinois
Steptoe & Johnson PLLC
Charleston, West Virginia Joan Magnusson, BSN, RN,
LHRM, LNCC
Patricia W. Iyer, MSN, RN, LNCC JKM Consulting, LLC
Med League Support Services Inc. Saint Cloud, Florida
Flemington, New Jersey
Susan Mahley, BSN, MSN, RNC,
Rosanna Janes, BSN, RN C-WHNP
Janes and Associates, Inc. Kansas City, Missouri
San Diego, California
Joseph R. McMahon, JD
Betty Joos, MED, BSN, RN Metairie, Louisiana
Informed Decisions Inc.
Sautee Nacoochee, Georgia Susan Mellott, PhD, RN, CPHQ, FNAHQ
Mellott & Associates
Patricia Ann Steed King, RN Houston, Texas
Duluth, Georgia
Jane Mihalich, BSN, RN, LNCC
Arlene King Klepatsky, JD, BSN, BA, RN Board of Registration in Medicine
Castro Valley, California Shrewbury, Massachusetts

Janet Kremser, BS, RN, C-SN, Joan E. Miller

CDON/LTC Miller Medical Consulting Services, Inc.
Carriere, Mississippi Phoenix, Arizona
xviii ◾ Contributors

Phyllis ZaiKaner Miller, RN Camille M. Renella, BSN, RN, CME

Robins Kaplan Miller & Ciresi C.M. Renella & Associates, LLC
Minneapolis, Minnesota Chicago, Illinois

Barbara Noble, RN Elisabeth Ridgely, BS, RN, LNCC

Texas Dept of Aging and Ridgely Associates
Disability Services Telford, Pennsylvania
Keller, Texas
Judy Ringholz, BSN, RN
Regina Noonan, MSN, RN, LNCC McFall, Sherwood and Sheehy
San Diego, California Houston, Texas

Rosie Oldham, BS, RN, LNCC William J. Scott, Esq.

R & G Medical Consultants, Inc. Jacksonville, Florida
Peoria, Arizona
Noreen M. Sisko, PhD, MSN, RN
Maureen Orr, BS, RN, CCM, LNCC Cape Medical-Legal Consulting
Jacksonville, Florida Cape May Court House, New Jersey

Marva J. Petty, MSN, RN, LNCC Joahnna Evans Songer, RN, CCRN, CLNC
Vancouver, Washington Songer, Valdivia & Associates
Legal Nurse Consultants
Julie Pike, MN, BSN, RN Visalia, California
Kansas City, Kansas
Therese Steinhardt, MSN, RN
Patricia L. Pippen, BSN, RN, Warren County Department of Health
LNCC, OCN Belvidere, New Jersey
Dallas, Texas
Barbara Stillwell, MSN, RN
Jennifer L. Rangel, JD Brown & Kelly
Locke Liddell and Sapp LLP Buffalo, New Jersey
Austin, Texas
Brett N. Storm, Esq. (deceased)
Patricia Raya, RN-C, MBA Houston, Texas
PAR Enterprises
Princeton, New Jersey Anita Symonds, BSN, RN, CFC, CFN,
SANE-A, SANE-P, MS
Diane L. Reboy, MS, RN, LNCC, Christiana Care Health Systems
FACFEI DABFN, CFN, CNLCP Newark, Delaware
DLR Associates
Kenmore, New York Cassandra Hall Valdivia, RN, BSN,
LNC, CLNCP
Sherri Reed, BSN, RN, LNCC Songer, Valdivia & Associates Legal
Wilson Kehoe & Winingham Nurse Consultant
Indianapolis, Indiana Kerman, California
 Contributors ◾ xix

Edwinna C. Vanderzanden, BSN, JD Karen L. Wetther, BSN, RN

Getman, Stacey, Schulthess & Steere Medical Legal Resources
Bedford, New Hampshire San Diego, California

Susan van Ginneken, RN Renee Wilson, BSN, MS, RN

Eagle Eye Records Review Houston, Texas
Lake Stevens, Washington
Nancy Wilson-Soga, BS,
Diane Trace Warlick, RN, JD MS, RN
Nurse Attorney Institute, LLC Warren County Community College
New Orleans, Louisiana Long Valley, New Jersey

Eileen Watson, EDD, MSN, RN, Paula Windler, MS, RN, LNCC
ANP, LNCC Kent & Wittekind, PC
Huntington Beach, California Tempe, Arizona

Sheila Webster, BSN, RN, C-HROB, Doreen James Wise, EdD,

RNC, LNCC MSN, RN
Webster Medical Consulting, Inc. Medical Research Consultants, Inc.
Glen Ellyn, Illinois Houston, Texas
Reviewers

Tracy Albee, BSN, RN, LNCC, CLCP, Bethany Checketts, BSN, RN,
FIALCP LNCC
MediLegal, A Professional Nursing Corp. R&G Medical Consultants
Tracy, California Peoria, Arizona

Sue Barnes, MSN, MSHCA, RN Mindy Cohen, MSN, RN, LNCC

Catholic Healthcare West Mindy Cohen & Associates
Phoenix, Arizona Villanova, Pennsylvania

Jane Barone, BS, RN, LNCC Anna Davies, RN, BSN

Medi-Law Solutions, LLC Law Offices of Barry G. Doyle, P.C.
Short Hills, New Jersey Barrington, Illinois

Catherine Beasley, MS, BSN, LNCC Kara DiCecco, MSN, RN, LNCC
Chimpoulis & Hunter MedWise Consulting, Inc.
Fort Lauderdale, Florida Bear, Delaware

Jenny Beerman, MN, RN Julia Diehl, RN-BC, CDONA/LTC,

Beerman & Associates LHRM
Kansas City, Missouri Precision MedLegal Services
Dunnellon, Florida
Rachel Boersma, PhD, RN
Fitchburg State College Angela Duke-Haynes, RN
Fitchburg, Massachusetts Legal Nurse Consulting Institute, LLC
Crozier, Virginia
Anthony Bonadies, JD
Bonadies Law Firm Susan Elkins, RN
Hamden, Connecticut Gentiva Health Services
Seneca Falls, New York
Rose Braz, BS, RN, LNCC,
CPHRM, FASHRM Sandra Fandray, RN, BS, LNCC
Litigation Management Dickie, McCamey & Chilcote
Casper, Wyoming Pittsburgh, Pennsylvania

xxi
xxii ◾ Reviewers

Jessie Hill, JD James Thomas O’Donnell, MS, FCP,

Case Western Reserve University School of Law ABCP, CNS, FACN, R.Ph.
Cleveland, Ohio Pharmaconsultant, Inc.
Barrington, Illinois
Pam Hollsten, BSN, RN, LNCC
Hollsten & Associates Noreen M. Sisko, PhD, MSN, RN
Yorktown, Virginia Cape Medical-Legal Consulting
Cape May Court House,
Katy Jones New Jersey
Chimpoulis and Hunter, PA
Davie, Florida Richard Tucker, JD
Maron Marvel Bradley &
Suzanne Q. Langroth, BSN, RN, LNCC Anderson, P.A.
Cataula, Georgia Wilmington, Delaware

Jane Mihalich, BSN, RN, LNCC Susan van Ginneken, RN

Board of Registration in Medicine Eagle Eye Records Review
Shrewbury, Massachusetts Lake Stevens, Washington

Michael G. Monnolly, JD Jacqueline VanNorman, RN

Alston & Bird, LLP Litigation Management Inc.
Atlanta, Georgia Seneca Falls, New York
Contents

1 The Law, Standards of Care, and Liability Issues..........................................................1

Tonia Dandry Aiken, RN, JD and Diane Trace Warlick, RN, JD
2 History, Entry into Practice, and Certification ...........................................................35
Karen J. Huff, BSN, RN, LNCC; Patricia A. Costantini, RN, MEd, LPC,
CRC, CCM, CLCP, LNCC, D-ABVE; and Jane Mihalich, BSN, RN, LNCC
3 Professionalism, Standards of Practice, and Standards of
Professional Performance ............................................................................................83
Joan Magnusson, BSN, RN, LHRM, LNCC
4 Elements of Triage: Effective Case Screening of Medical
Malpractice Claims ...................................................................................................105
Phyllis ZaiKaner Miller, RN
5 Access to Medical Records .........................................................................................125
June Grant-Stafford, MSN, RN
6 Discovery and Disclosure ..........................................................................................143
Kara L. DiCecco, MSN, RN, LNCC
7 Informed Consent......................................................................................................181
Susan Mellott, PhD, RN, CPHQ, FNAHQ
8 Medical Treatment Decisions: The Patient’s Choice..................................................203
Camille M. Renella, BSN, RN, CME and Susan Green DeWitt, MSN, RN
9 Communication with Clients in the Medical Malpractice Arena .............................223
Margo R. Conklin, MSN, RN-BC, LNCC and
Karen S. Fox, BSN, RN, LNCC, CPHRM
10 Legal Writing ........................................................................................................... 243
Edwinna C. Vanderzanden, BSN, JD
11 Researching Medical Information and Literature .....................................................255
Maureen A. Cregan, RN, LNCC and Christopher M. Duling, Esq., LL.M.

xxiii