Showing posts with label medical negligence. Show all posts
Showing posts with label medical negligence. Show all posts

Tuesday, May 17, 2011

#Diabetic Coronary Artery Bypass #Patient, Septic & Noncompliant.  #Nursing Duty and Responsibility Questioned.

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Each week a case will be reviewed and supplemented with clinical and legal resources from the web. Attorneys, Legal Nurse Consultants and nursing professionals are welcome to submit relevant articles. Please contact us if you'd like to reproduce our material.

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Summary:  Patient noncompliance can present serious challenges to
nurses  and physicians providing care.  If aware of the proper measures
to be taken, what happens when the patient does not agree
or comply with the course of treatment?  In this case, a patient after
having a coronary artery bypass grafting developed a sternal infection.
When advised by a nurse to return for treatment, the patient refused.

The patient was known to have Insulin-Dependent Diabetes Mellitus.
She would seek medical attention with a history of Angina (chest
pain).  Following the episode, she was referred for a diagnostic
cardiac catheterization.

"According to latest statistics from the American Heart Association,
roughly 323,000 cardiac catheterizations were performed in the
United States in 1994. The procedure provides doctors with
information about the heart's structure and its ability to function.
Doctors may also use catheterization to perform procedures on the
heart, such as balloon angioplasty.

To perform a cardiac catheterization, a thin catheter is inserted
through a small puncture wound in a blood vessel -- usually the
femoral artery in the leg. Using X-rays for guidance, doctors feed the
catheter through the circulatory system until it reaches the heart."2

Following the catheterization, an emergent multiple bypass surgery
was recommended by the Cardiologist.

"What is coronary artery bypass surgery?

A coronary artery bypass graft operation is a type of heart surgery. It
is sometimes referred to as CABG or "cabbage." The surgery is done
to reroute, or "bypass," blood around clogged arteries and improve the
supply of blood and oxygen to the heart. These arteries are often
clogged by the buildup over time of fat, cholesterol and other
substances.

The narrowing of these arteries is called atherosclerosis. It slows or
stops the flow of blood through the heart's blood vessels and can lead
to a heart attack."3

The patient would refuse and left the hospital Against Medical Advice
(AMA). Three days later the patient would return to the hospital and
provide an Informed Consent to the operation.  It was performed by
the Facility's Cardiac Surgery  Director assisted by a fourth year
resident.

""Revascularization with coronary artery bypass graft surgery
(CABG) and percutaneous transluminal coronary angioplasty (PTCA)
is well accepted as a method of relieving anginal pain and thus
improving quality of life. In addition, CABG has been shown to
improve survival in certain subgroups of patients with coronary
disease, which has led to the widespread use of this procedure in
revascularization. In 1991 407 000 bypasses and 303 000 PTCA
procedures were performed.1 Currently, coronary atherectomy,
various laser techniques, and coronary stents are being evaluated as
additional approaches to revascularization."4

Following the coronary artery bypass grafting, the patient would
remain in the hospital for ten days.

The patient would return for a follow-up visit just under two weeks
later with the surgeon.  Assisted by a cardiac nurse, the midsternal
incision was examined, staples were removed.  A portion was found
to be purulent, draining and healing poorly.

Cultures were obtained and sent, the patient would be scheduled for
another follow up visit a month later.

Four days later, the patient spiked a temperature.  She called the
medical center and spoke to the nurse who had assisted the surgeon.
After listening to the patient's complaints, the nurse instructed her to
return to the medical center for treatment.  She informed the patient
that her test results had come back and multiple infections had been
discovered from the midsternal wound in her chest.

"Approximately 2% to 20% of CABGs are complicated by a surgical-
site infection (SSI).4,5 Much of the literature on SSI following
cardiothoracic surgical procedures focus on deep chest infections,
which, although not frequent (complicating 0.5% to 5% of cardiac
procedures4,5), are important because of the high morbidity,
mortality, and immense costs they add to the healthcare system."5

The patient refused.  She stated that it was almost an hour's drive to go
to the medical facility.   In her "condition" she didn't feel she could
"make" the trip.

She asked the nurse if antibiotics could be "prescribed over the phone"
and started without her being evaluated.  The nurse informed her this
was not an option.

The nurse informed the patient that it would be best for her to return
to the facility where the operation had been performed.  If she
returned her condition could be evaluated and treatment initiated.  The
patient still refused.

Alternatively the nurse stated that the patient should seek immediate
medical assistance and contact her local physician.

The patient was unable to contact a local physician and did not go to
the Emergency Room immediately.  In fact, the patient was not
examined by her physician until almost ten days later.

At that time, ten days after the known Insulin Dependent Diabetic
patient had been informed by the nurse that she had a potentially life
threatening multiple organism infection in her chest, she was
readmitted to a local hospital.

"Surgical-site infection of the sternal wound includes superficial SSI,
deep sternal SSI, sternal osteomyelitis, mediastinitis, and endocarditis.
These often have been pooled together in the analysis of risk factors.
Host intrinsic risk factors that have been linked specifically to SSI of
the sternal wound include obesity,4,9-11 diabetes mellitus,4,9-13
current cigarette smoking,9 and steroid therapy,13 the former two risk
factors being the most frequently reported (Table 1). Kluytmans and
colleagues further demonstrated that the risk of developing SSI was
higher in the diabetic patient using insulin therapy than in the diabetic
patient treated with oral agents.12"5

A sternal infection was verified.  The patient would require
readmission and surgery to debride the wound and bring the infection
under control.  Part of her sternum would be removed in the process.

At the patient's request, the course of events was examined by the
Physician Medical Review Board.  She alleged that standards of care
had not been maintained.  She stated that negligence on the part of the
surgeon and the nurse had led to her infection and subsequent surgery.

The board dismissed the complaint.  They stated there was no clear
evidence of wrongdoing or negligence on the part of the nurse or
physician.

The patient filed a lawsuit regardless against the physician, facility
and the nurse accusing negligence.  The case was dismissed.

The patient appealed.

Questions to be answered:

1. Did the nurse fail to observe the applicable standards of care in her
conversation with the patient?

2. Was the nurse giving the patient "medical advice" when she
advised her to return for treatment?

3. Did the nurse mislead the patient or make any statements that could
have contributed to the patient's complications?

The physicians and the court when reviewing the nurse's performance
agreed it was appropriate.  The nurse was dealing with a known septic
patient with a history of noncompliance.  She instructed and
emphasized to the patient that an infection was present and required
treatment.

The nurse advised the patient of where the best treatment could be
obtained.  The patient was notified that if she could not return
immediately, that treatment should be sought elsewhere on an
emergent basis.

The nurse was giving medical advice.  In this case, the nurse was
telling the patient exactly what a competent surgeon would have told
her as well.

This is a special situation involving a nurse with advanced skills and
experience in a nursing specialty.  Nurses with specialized training are
recognized as competent to advise patients on pre-defined situations
according to their level of expertise.

A midsternal infection is a known complication of coronary artery
bypass grafting.  The nurse being aware of this was appropriate in her
counseling of the patient to seek immediate care.

The nurse in the eyes of the law would be and was held to the same
standards as a physician in the advice that was given.  The nurse did
in fact, maintain the standards of care expected in the situation.

Her responsibility or "duty" to the patient was to advise her of the
medical condition present (a septic infection), make recommendations
for treatment (return to the hospital), inform her of consequences of
not being treated and present alternatives.

This duty was fulfilled and recognized repeatedly by the medical
review panel and the courts.  It is unfortunate that the noncompliant
patient decided to pursue litigation regardless.

It demonstrates clearly how vulnerable even the most prudent nurses
are to being sued.  Often it is the case that nothing has been done
wrong, nor is there negligence likely.  It's a constitutional right for an
individual to initiate a lawsuit for real or perceived losses.

Makes an excellent case for carrying a malpractice insurance policy.
For the cost of a typical day's pay, you can have protection against
lawsuits without having to depend on an employer's policy being
adequate to protect you.

Related Link Sections:

Cardiac Arrhythmias Links on: The Nurse Friendly
http://www.nursefriendly.com/nursing/directpatientcare/symptoms/cardiac.arrhy...

Cardiac Catheterization (Diagnostic) Links on: The Nurse Friendly
http://www.nursefriendly.com/nursing/directpatientcare/tests/cardiac.catheter...

Cardiac Links, Direct Patient Care on: The Nurse Friendly
http://www.nursefriendly.com/nursing/directpatientcare/cardiac.htm

Clinical Charting and Documentation, Nurses Notes:
http://www.nursefriendly.com/nursing/linksections/directpatientcarelinks.htm

Coronary Artery Bypass Grafting (CABG) Links on: The Nurse Friendly
http://www.nursefriendly.com/nursing/directpatientcare/cardiac/coronary.arter...

Direct Patient Care Links on: The Nurse Friendly
http://www.nursefriendly.com/nursing/linksections/directpatientcarelinks.htm

Emergency Department Nurses on the Nurse Friendly:
http://www.nursefriendly.com/nursing/directory/spec/ed.html

Ethics:
http://www.nursefriendly.com/nursing/directpatientcare/ethics.htm

Head Injuries:
http://www.nursefriendly.com/nursing/directpatientcare/head.injuries.htm

Informed Consent:
http://www.legalnursingconsultant.org/legal.nurse.consultants.lnc/informed.co...

Mechanical & Physical Restraints:
http://www.nursefriendly.com/nursing/directpatientcare/mechanical.physical.re...

Medical Legal Consulting Nurse Entrepreneurs:
http://www.nursefriendly.com/nursing/ymedlegal.htm

Operating Room (Surgical) Links on: The Nurse Friendly
http://www.nursefriendly.com/nursing/directory/spec/operatingroom.htm

Sources:

1. 40 RRNL 1 (June 1999).

2. WTVC NewsChannel 9.  1999.  Cardiac Catheterization: http://www.newschannel9.com/healthwatch/hw594.html

3. The American Heart Association.  1999.  Bypass Surgery, Coronary Artery:  Retrieved July 4, 1999 from the World Wide Web:  http://www.amhrt.org/Heart_and_Stroke_A_Z_Guide/bypass.html

4. American Heart Association.  1994.  Optimal Risk Factor Management in the Patient After Coronary Revascularization.  Retrieved July 4, 1999 from the World Wide Web: http://www.amhrt.org/Scientific/statements/1994/129401.html

5. Infection Control & hospital Epidemiology.  April 1988.  Surgical-Site Infections After Coronary Artery Bypass Graft Surgery: Discriminating Site-Specific Risk Factors to Improve Prevention Efforts. Retrieved July 4, 1999 from the World Wide Web: http://www.slackinc.com/general/iche/stor0498/edit.htm
 

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Send comments and mail to Andrew Lopez, RN

Created on July 4, 1999

Last updated by Andrew Lopez, RN on Monday, February 28, 2011

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Andrew Lopez, RN
Nursefriendly, Inc. A New Jersey Corporation.
38 Tattersall Drive, Mantua New Jersey 08051
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Sunday, April 24, 2011

Medical Malpractice, Negligence, Medical & Legal Resources on: The Nurse Friendly

New!

Carol J. Rhodes RN, LNC, Medical-Legal Remedies Inc (MLR):"Medical-Legal Remedies Inc (MLR) provides medical-legal Litigation Support Services for Legal Professionals that include Legal Nurse Consulting, Paralegal Litigation Support, a Medical Information Service called Virtual Legal Nurse and Medical Expert Referral Service for Attorneys, Insurance Companies, Hospital Risk Managers, Government, and Claims Management. MLR MLR's Paralegal Staff and Legal Nurse work together as a team to assist our legal clients with comprehensive medical-legal litigation issues and are committed to serve clients by offering our extensive experience and expertise to provide specialized high quality medical-legal litigation support services. By utilizing Medical-Legal Remedies Inc Paralegal/Legal Nurse Team allows the litigator to control costs and increase revenues while securing the competitive advantage with superior work products. So whether your firm or company needs a Paralegal, a Legal Nurse, or both - MLR will assist your firm or company with any medical-legal litigation case project."
Carol J. Rhodes RN, LNC
14286-19 Beach Blvd. #248
Jacksonville, FL 32250
(904) 223-3969
Carol@JaxLegalNurse.com or Carol@VirtualLegalNurse.com
LinkedIn: http://www.linkedin.com/pub/carol-j-rhodes/30/81b/685
http://www.jaxparalegal.com/

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Andra DeCarlo, RN, Summit Medical Litigation Consulting, Inc.:"Andra DeCarlo, owner of Summit Medical Litigation Consulting and her team of nurses provide Legal Nurse Consulting for both defense and plaintiff attorneys looking for a clear explanation of what actually happened with the client. Is there a case? Is there a defense? We specialize in looking outside-the-box to help find the key to the case. Nursing home neglegance, PI, Medical Malpractice and more."
1586 El Tair Trail
Clearwater, FL, 33765
E-mail Address: andradecarlo@tampabay.rr.com

Social Networks: Ecademy.com, Facebook, Gather.com, LinkedIn, Twitter
http://summitmlc.com or http://www.andradecarlo.info/
http://www.legalnursingconsultant.com/decarlo/

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Jennifer A. Grisso, RN BSN LNC, GrissoMedLegal:"Experienced RN with recent experience in most areas including: Telemetry, Cardiac, CCU, Stepdown, MedSurg, ER, ICU, Ambulatory, Telephonic Triage, Telephonic Disease Management. We bridge the legal and medical world. We are involved in any type of litigation that involves injury or illness, to save you time and money on the medical record, research, chronology. Also we help you prepare for depositions, mediation, or trial, all at a lower cost than other medical professionals."
Jennifer A. Grisso, RN BSN LNC
GrissoMedLegal
8640 Springfield
Skokie, IL, 60076
Phone: 847-204-2084
Email: Jennifer@grissoinc.com
Linkedin: http://www.linkedin.com/in/jenniferagrisso
Twitter: http://twitter.com/Grissomedlegal
http://grissomedlegal.com/

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See also:
Legal Nurse Consultants, http://www.legalnursingconsultant.org
Nursing Malpractice Case Studies, http://www.nursingcasestudy.com
Standards of Care, http://www.nursingexperts.com/soc/

Nurse Attorneys:

Michelle L. Callan Nurse-Attorney:"Medical-legal consulting and trial assistance to attorneys for Personal Injury and Medical Malpractice cases."
13 Anchor Terrace, Rochester New York 14617
Phone number: 585-266-6574
Fax number: 585-266-6574
mcallan1@rochester.rr.com
http://www.nursingentrepreneurs.com/callan/

Legal Nurse Consultants Specializing in Medical Malpractice, Negligence:

Rhonda K. Alfredson RN CLNC CRRN CCM COHN, Georgia Legal Nurse Consultants:"Discovery Partners provides a multitude of comprehensive nurse consulting services to attorneys, small and large businesses, and insurance companies. Services include Legal Nurse Consulting (med. mal, PI, WC, toxic torts, fraud, soc. security, PL, criminal, gen. negligence) , Disability and Workers' Compensation Case Management, Hearing Conservation Program Consultation and Administration, Ergonomics Consultations, Occupational Health Services Consultation, Medical/Health Related Educational offerings, as well as other consultative and support services."
P.O. Box 555
Conyers, Georgia 30012
Phone number: 770-602-4531
http://www.nursingentrepreneurs.com/dpclnc

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Kathy Christopherson, RN, President and CEO, Critical Consults, Inc.:"Kathy Christopherson, RN, President and CEO, has been a practicing Registered Nurse for over 26 years and a Legal Nurse Consultant for over 13 years. Her clinical experience includes critical care/intensive care, emergency department, cardiac rehabilitation and nursing education. She remains active in teaching nurses and patient care technicians in the hospital setting and participates in orientation of new staff, credentialing and is an Advanced Cardiopulmonary Life Support (ACLS) and Basic Life Support (CPR) instructor. As a Legal Nurse Consultant, Kathy has been both an independent consultant and an in-house consultant, working for both plaintiff and defense attorneys throughout the southeast. She has been an expert witness on nursing issues as well as a fact witness for the medical record. She provides services to assist the attorney See List of Consulting Services. Kathy also provides valuable medical library and online literature research."
Greater Atlanta Area
http://www.criticalconsults.com/

Kathy Christopherson, RN, Bryan M. Pulliam, LLC:"Ms. Christopherson has over 23 years of nursing and hospital experience. She has worked in the areas of critical care, rehabilitation and nursing education. Ms. Christopherson has been doing legal consulting for lawyers–both plaintiff and defense–for more than 10 years. Ms. Christopherson has also served as an expert witness for both plaintiff and defense lawyers. Ms. Christopherson is also a member of The American Association of Legal Nurse Consultants."
http://lawpulliam.com/nurse.php

Kathy Christopherson, RN, Linked-In Profile

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Natalie A. Cole, RN, BHSA, CMCN, LNC, West Virginia Legal Nurse Consultants:"I provide medical record reviews and case analyses for attorneys working in medical malpractice, wrongful death, personal injury, and general negligence. My skills and education as a Registered Nurse, in addition to my training as a Legal Nurse Consultant, eases the burden of other legal team members by allowing them to concentrate on other important areas of a case."
5167 Procious Maysel Road
Procious, West Virginia (WV) 25164
Phone number: (304) 587-7010
http://www.nursingentrepreneurs.com/cole

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Lisa Desimon R.N, D.C, CLNC, Illinois Nurse Entrepreneurs:"Certified Legal Nurse Consultant business, serving as a consulting expert and testifying expert on a variety of medical/legal issues/cases."
7358 Timberwolf Trail
Fairview Heights, Illinois 62208
http://www.nursingentrepreneurs.com/desimon

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Darlene Norton, RN, CLNC, Verum Dictum, Inc., Michigan Legal Nurse Consultants:"Legal Nurse Consulting in the areas of: Medical Malpractice, Personal Injury, Toxic Tort and Environmental, Criminal, Products Liability and Class Action Suits."
964 Sugarbush Lane Beulah, Michigan 49617

E-mail Address: NurseNorton@hotmail.com
http://www.legalnursingconsultant.org/norton

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Donna M. Post, RN, BSN, MBA / HCM, CLNC, LNCP-C , Mid-Valley Legal Nurse Consulting, Inc., California Nurse Entrepreneurs, Legal Nurse Consultants:"Mid-Valley Legal Nurse Consulting has over 24 years of experience clinically and administratively, in cardiac, adult and pediatric critical care, and dialysis. Our experience extends to both the inpatient and outpatient settings. MVLNC provides effective identification of practice standards, regulatory standards, adherence and/or deviations to these standards. Our background provides our clients the added benefit of understanding healthcare infrastructure, budgets, and healthcare labor issues. This extensive experience allows for identification of medical and nursing issues in any case that involves health, illness and injury. The clients we serve are attorneys, insurance companies, healthcare facilities and others. At Mid-Valley Legal Nurse Consulting, our goal is to provide our clients with cost-effective, efficient, review and analysis – providing you with winning services while critically defending your bottom-line.
2491 Alluvial #7
Clovis, Ca 93611
Phone: 559-294-7580 or 877-532-5676
Email: midvalleylegalnurseconsulting@gmail.com
http://www.mvlnc.com
http://www.nursingentrepreneurs.com/post/

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Maureen Richards, RN, MS, CCRN, CHPN, CLNC, Florida Legal Nurse Consultants:"Maureen Richards & Associates, Inc. offers Certified Legal Nurse Consulting services to organizations in need of medical records review, interpretation or analysis. We offer services for plaintiff as well as defense.
821 Overbrook Dr.
Fort Walton Beach
Florida 32547
Phone number: 850-863-9913, Fax number: 850-863-8413
http://www.legalnursingconsultant.org/richards

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Proving a Medical Malpractice Case by Rebecca Berlin, Alllaw.com:"Medical malpractice involves more than an undesirable outcome to medical treatment. If you want to sue and win on a malpractice claim, you'll need to prove several elements to have a successful case. Your doctor or other healthcare provider owes you a legal duty by virtue of your provider – patient relationship. The duty is to provide you with care that is in keeping with professional standards. If you are going to prove a malpractice case, you need to be able to prove that the doctor did not meet the standard of care. What is the "standard of care"? The "standard of care" refers to those actions or measures that a reasonable healthcare professional in your community would take in similar circumstances. The actions that are considered reasonable will vary depending on the type of healthcare professional and the particular community. So if you saw a general practitioner in a rural and medically underserved community, you won't be able to hold that doctor to the same standard of care as you would a highly specialized physician in a large community with state of the art medical tests and facilities available."
http://www.alllaw.com/articles/health/article1.asp

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amedicalmalpracticeattorneyforyou.com:"A Medical Malpractice Attorney For You was created in an effort to provide consumers with a resource for locating attorney's in their area. It is our goal to develop amedicalmalpracticeattorneyforyou.com into the premier source for helping people find medical malpractice attorney's online."
http://www.amedicalmalpracticeattorneyforyou.com/

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Medical negligence; standards of recovery. Hinkle & Foran - Attorneys at Law:"(1) In any action for recovery of damages based on the death or personal injury of any person in which it is alleged that such death or injury resulted from the negligence of a health care provider as defined in 1s. 768.50(2)(b), the claimant shall have the burden of proving by the greater weight of evidence that the alleged actions of the health care provider represented a breach of the prevailing professional standard of care for that health care provider. The prevailing professional standard of care for a given health care provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers."
http://www.hinkleforan.com/html/standardcare.html

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Nebraska Medical Malpractice Summary, McCullough, Campbell & Lane.:"Statutes of Limitations, Statutory Cap on Attorneys' Fees Contributory or Comparative Negligence, Periodic Payments, Joint and Several Liability, Collateral Source Rule, Contribution, Pre-Judgment Interest, Vicarious Liability, Patient Compensation, Funds, Expert Testimony, Immunities, Damage Caps, Arbitration."
McCullough, Campbell & Lane
205 North Michigan Ave., Suite 4100
Chicago, Illinois 60601-5925
Telephone: (312) 923-4000, Facsimile: (312) 923-4329
Email: firm@mcandl.com
http://www.mcandl.com/nebraska.html

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Liposuction and Medical Malpractice Litigation, McKinney, Braswell & Hill, L.L.C.:"Liposuction is the most common cosmetic surgery in the U.S. Although some might perceive liposuction as a "quick-fix" surgery, this alternative weight management measure has proved disfiguring and fatal in several cases. As such, victims of botched liposuction surgeries may have a suit for medical malpractice against their plastic surgeons, if injury or death was caused by their surgeon's departure from accepted medical standards of practice."
501 Madison Street Suite 200B
P.O. Box 19006 Huntsville, Alabama 35804
Telephone: 256-319-4878 Facsimile: 256-319-4877
http://www.lawyers.com/personal-injured/article.jsp?practArea=43&articleIndex=3

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Legal Nurse Consultants Specializing in Medical Malpractice Cases:

Sheryl D. Bisson, R.N., CLNC, California Legal Nurse Consultants:"I offer services to aid in the resolution of medical-legal issues. I work for law firms, insurance companies and healthcare facilities. My services include, but are not limited to: medical record review and analysis; identifying applicable Standards of Care and deviations from the Standards; identifying records, policies and procedures and other essential documents for complete case reviews."
Specialty Areas: Coronary Care, Health law, Intensive Care, Medical Malpractice, Personal Injury, Worker's Compensation
http://www.nursingexperts.com/bisson/

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Louise Cardillo, R.N. B.S., Cardillo Consultants:"Legal Nurse Consulting firm for ten years. I am a strong liason between attorney's, clients and experts. The strength of all cases is in meticulous attention to detail of medical records and choosing the appropriate expert. This aspect of consulting will bring your cases to closure with damages often above expectation. Experience in this field is critical to the success of working with a Legal Nurse Consultant. In addition, the nurse must have a strong clinical foundation and education.
1190 Honeoye Falls 5 Points Rd.
Honeoye Falls, New York 14472
E-Mail: louLNC@frontiernet.net
http://www.nursingexperts.com/cardillo/

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Nancy Emma, RN, LNC, MLC Legal Nurse Consulting Services:"Screening of cases for merit, pagination & organization of medical records, Expert witness, Obtain expert witnesses for lawyers, identification of adherences to and departures from Standards of Care. Medical Malpractice, Personal Injury, Workman's Compensation both Defense and Plaintiff issues."
Specialty Areas: California Nurse Entrepreneurs, Consulting, Expert Witness, Emergency Department Nursing, Expert Witness (And Locating of Same), Medical Malpractice, Personal Injury, Workman's Compensation
http://www.nursingexperts.com/emma/

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Angela Halley RN, BSN, CLNC, River View Legal Nurse Consulting:"We specialize in providing legal nurse consulting services to attorneys (plaintiff and defense), insurance companies, workman's compensation firms, and individual institutions for risk management services. Our firm has over 20 years of nursing experience in psychiatric, labor and delivery, pulmonary, neurology, medical/surgical nursing, and many areas of nursing management. River View Legal Nurse Consultants provides a time efficient and cost effective answer to your legal nurse consulting needs."
64 Deenie Dr
Bidwell, Ohio 45614
Phone number: 740-245-9891, Fax number: 740-245-0153
E-Mail: angelahalleyrn@wmconnect.com
http://www.legalnursingconsultant.org/halley

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Kirk Herbert, RN, CLNC, Herbert & Associates, Arizona Legal Nurse Consultants, LNCs:"Herbert & Associates is a Legal Nurse Consulting firm specializing in Medical Malpractice. Our firm will assist you in all aspects of a Medical Malpractice case Plaintiff or Defense. We will perform an initial case review for merit, identify all defendants, address Standards of Care issues, identify necessary expert witnesses, assist with the acquisition of the expert witnesses, and develop reports ranging from a simple brief to a comprehensive report including chronologies."
1152 Middlebrook Rd
Prescott, Arizona 86303
Phone number: (928) 778-2509
E-Mail: azclnc@nursingexperts.com
http://www.nursingexperts.com/azclnc/

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Gerry A. Kinjorski, BS, RN, CLNC, Aidant Research Nurses, Inc., Florida Nursing Entrepreneurs:"Aidant Research Nurses, Inc., is a legal nurse consulting firm that serves the patient-client and the attorney. If you have questions concerning negligence or medical-malpractice, personal injury or assault, toxic tort, worker's comp or any medical injury you may need Aidant."
7 So. Aurora Ave.
Clearwater, Florida 33765-3517
Phone number: 727-448-0455 or 866-384-0455 toll free
Fax number: 727-448-0455
http://www.nursingexperts.com/aidant/

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Sally Farney Lett, RN, DC, Michigan Nurse Entrepreneurs, Nurse-Owned Businesses, Michigan Legal Nurse Consultants
Categories: Domestic Violence, Elder Law, Medical Malpractice, Negligence, Personal Injury, Toxic Tort Litigation, Workers compensation
http://www.nursefriendly.com/lett/

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Debra L. Fore, RN, MSN, Vista HealthCare Consulting:"Legal Nurse Consultant, primarily Medical Malpractice and Personal Injury, Social Security Claimants' Representative."
Specialty areas: Adult Critical Care, Disability, Legal Nurse Consultant, Medical Malpractice, Oncology, Personal Injury, Renal Dialysis, Social Security Claims Telemetry-Step Down
http://www.nursingexperts.com/fore/

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Deborah Hafernick, RN, CLNC, Hafernick Legal-Nurse Consulting, Texas Legal Nursing Consultants:"Medical-legal consulting practice in Houston, Texas, specialing in evaluating cases for merit and interpretation of the medical record for both plaintiff and defense attorneys to help them save money by organizing their cases faster and win because they understand them. Also research and provide medical literature/standards of care for issues that support their case. Testifying expert identification and location, demonstrative evidence development, etc."
Specialty Areas: Cardiac Cathetherization Lab, Medical Malpractice, Nursing Education, Personal Injury, Product Liability, Social Security Disability Claims, Toxic Torts, Workers Compensation
http://www.nursingexperts.com/hafernick

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Josephine M. Kelley, RN, Nurse Paralegal, Medical-Legal Consultant, Medical Chronology Preparation, Medical Malpractice, Medical Record Review, Personal Injury
http://www.nursingentrepreneurs.com/kelley/

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Jeanne T. Mills, BSN, RN, CRN, LNC, Expose Consulting:"Independent Legal Nurse Consultant."
North Carolina Legal Nurse Consultants
http://www.nursingentrepreneurs.com/mills/

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Kathryn Spilker RN, BSN, LNC, Lifeline Medical/Legal Consulting L.L.C.:"As Legal Nurse Consultants, we use our nursing experience, and knowledge of legal issues in preparing cases related to health care issues. Screen cases for merit, prepare chronologies, summaries, timelines and analysis of the medical records. Identify standards of care, causation issues, locate experts, research and review medical data and literature. Assist attorneys with all aspects of discovery and trial preparation. The success of your medically related cases relies on qualified, detailed, and accurate assessment of the facts.
3034 Ridgetop Ct., St. Peters, Missouri 63376
E-Mail: educate5@verizon.net

Homepage Address: http://www.nursingentrepreneurs.com/spilker/

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The Doctors Company:"The Doctors Company has been protecting the careers and professional reputations of physicians for nearly 30 years—championing legal reform and maintaining financial strength to back up the promises we make to our physicians. As America’s first national, physician-owned medical malpractice carrier, we’ve cultivated a uniquely informed perspective on the special needs, emerging national trends, and special challenges doctors face every day."
The Doctors Company
185 Greenwood Road
P.O. Box 2900
Napa, CA 94558-0900
(800) 421-2368
E-mail: info@thedoctors.com
http://www.thedoctors.com/risk/specialty/oncology/J3215.asp

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See also:

MedMal Consulting:'MedMal Consulting is a Physician owned and operated full-service medical malpractice evaluation and medical negligence consulting support firm. MedMal Consulting has doctors, legal nurse consultants, and medical legal litigation support personnel to assist with every aspect of your medical negligence case. Established in 1992, Dr. Herman and MedMal Consulting have over 18 years of experience in the medical legal field and have assisted in obtaining more than $147 million dollars in verdicts and settlements in medical malpractice cases."
MedMal Consulting, Inc.
P.O Box 391153
Cleveland, Ohio 44139
Phone: (216) 744-8907
Fax:(440) 248-8257
eMail: info@medmalconsulting.com
http://www.medmalconsulting.com/

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See also: Medical, Legal Nurse Consultants, Clinical Nursing Case of the Week, Clinical Charting and Documentation, Nurses Notes, Courtrooms, Disability, Discrimination, Employment, Expert Witnesses, Informed Consent, Medical Malpractice, Nursing Practice Acts, Pensions, Search Engines, Torts and Personal Injury Unemployment, Workers Compensation, Workplace Safety:

The Uniform Resource Locator (URL) or Internet Street Address of this page is
http://www.legalnursingconsultant.org/legal.nurse.consultants.lnc/medical.mal...


Created on June 7, 1999

Last updated by Andrew Lopez, RN on Monday, January 31, 2011

Click on the "via" link for the rest of the article.

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Andrew Lopez, RN
Nursefriendly, Inc. A New Jersey Corporation.
38 Tattersall Drive, Mantua New Jersey 08051
http://www.nursefriendly.com info@nursefriendly.com ICQ #6116137
856-415-9617, (fax) 415-9618

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Friday, April 15, 2011

Q&A When Looking for an Elder Law Attorney

Ask lots of questions before selecting an Elder Law or Special Needs Law attorney. You don't want to end up spending time and resources with an attorney who can't help you. Start with an initial phone or email correspondence. You may speak with a secretary, receptionist or office manager during the initial call or before you actually meet with the attorney. If so, ask this individual pertinent questions regarding the attorney's practice. Suggested questions are provided below

  • How long has the attorney been in practice?
  • Does his/her practice focus on a particular area of law?
  • How long has he/she focused on the particular area of law?
  • What percentage of his/her practice is devoted to Elder Law or Special Needs Law? 
  • Is there a fee for the first consultation with the attorney, and if so, how much is it?
  • Given the nature of your case, what specific information/documentation should you bring to the initial consultation?

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Sincerely,

Andrew Lopez, RN
Nursefriendly, Inc. A New Jersey Corporation.
38 Tattersall Drive, Mantua New Jersey 08051
http://www.nursefriendly.com info@nursefriendly.com ICQ #6116137
856-415-9617, (fax) 415-9618

150,000 + Nurse-Reviewed & Approved Nursing Links

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http://www.nursingexperts.com

Thursday, April 14, 2011

Nursing Malpractice, Nurse Negligence, Legal Nurse Consultant Resources, Medical, Malpractice, Health Law

Legal Nurse Consultants that specialize in Nursing Malpractice Issues:

Kathy Christopherson, RN, President and CEO, Critical Consults, Inc.:"Kathy Christopherson, RN, President and CEO, has been a practicing Registered Nurse for over 26 years and a Legal Nurse Consultant for over 13 years. Her clinical experience includes critical care/intensive care, emergency department, cardiac rehabilitation and nursing education. She remains active in teaching nurses and patient care technicians in the hospital setting and participates in orientation of new staff, credentialing and is an Advanced Cardiopulmonary Life Support (ACLS) and Basic Life Support (CPR) instructor. As a Legal Nurse Consultant, Kathy has been both an independent consultant and an in-house consultant, working for both plaintiff and defense attorneys throughout the southeast. She has been an expert witness on nursing issues as well as a fact witness for the medical record. She provides services to assist the attorney See List of Consulting Services. Kathy also provides valuable medical library and online literature research."
Greater Atlanta Area
http://www.criticalconsults.com/

Kathy Christopherson, RN, Bryan M. Pulliam, LLC:"Ms. Christopherson has over 23 years of nursing and hospital experience. She has worked in the areas of critical care, rehabilitation and nursing education. Ms. Christopherson has been doing legal consulting for lawyers–both plaintiff and defense–for more than 10 years. Ms. Christopherson has also served as an expert witness for both plaintiff and defense lawyers. Ms. Christopherson is also a member of The American Association of Legal Nurse Consultants."
http://lawpulliam.com/nurse.php

Kathy Christopherson, RN, Linked-In Profile

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Rhonda K. Alfredson RN CLNC CRRN CCM COHN, Georgia Legal Nurse Consultants:"Discovery Partners provides a multitude of comprehensive nurse consulting services to attorneys, small and large businesses, and insurance companies. Services include Legal Nurse Consulting (med. mal, PI, WC, toxic torts, fraud, soc. security, PL, criminal, gen. negligence) , Disability and Workers' Compensation Case Management, Hearing Conservation Program Consultation and Administration, Ergonomics Consultations, Occupational Health Services Consultation, Medical/Health Related Educational offerings, as well as other consultative and support services."
P.O. Box 555
Conyers, Georgia 30012
http://www.nursingentrepreneurs.com/dpclnc

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Nursing malpractice, Nursing, Jun 1998 by Wilkinson, Allen P:"What is nursing malpractice? Malpractice is the legal term for negligence by professionals, which generally includes nurses. In some states, however, malpractice is applied only to physicians, lawyers, and accountants; nurses could be sued for professional negligence instead. Although this seems like a fine distinction, it has practical significance because the statute of limitations (the time limit for bringing a legal action) is usually shorter for negligence than for malpractice. For our purposes, I'll use the term malpractice to cover any type of professional negligence."
FindArticles
625 Second Street
San Francisco, CA 94107
feedback@findarticles.com
http://www.findarticles.com/p/articles/mi_qa3689/is_199806/ai_n8795015

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Nursing Malpractice CD-ROM, Second Edition, LawyersandJudges.com:"An outstanding reference for the attorney or claims adjustor investigating a nursing malpractice claim, the second edition of Nursing Malpractice brings you a wealth of information and resources to use in bringing a case to trial. Comprehensive and full of inside information, Ms. Iyer's book covers the spectrum of the nursing process--from patient admittance to lawsuit. Packed with tips and techniques for finding the missing loophole, this volume reveals typical ways in which nurses try to cover up their mistakes, and shows how nurses are caught in a difficult position between the insurance company lawyers and hospital procedures. It details your defendant nurse's daily routine, whether as a surgical nurse or nurse-supervisor in a nursing home setting, giving a comprehensive feel for all the actions which fall under a nurse's responsibility. Nursing Malpractice makes an excellent addition to your library."
Lawyers & Judges Publishing
PO Box 30040
Tucson, AZ 85751-0040
Phone 520-323-1500 Fax 520-323-0055 Email sales@lawyersandjudges.com
http://www.lawyersandjudges.com/productdetails.cfm?PC=916

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Representation If Sued, Nursing Legal Issues, Medi-smart.com:"As their professional roles expand, nurses are naturally becoming more vulnerable to the types of lawsuits that have plagued physicians for years. Malpractice is the legal term for negligence by any licensed professional. Case law began recognizing nurses as professionals in the mid-1970s, and has lately come to see registered nurses as "assertive, decisive healthcare providers," according to a 1985 New York appellate court opinion."
http://medi-smart.com/representation.htm

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Nurses, Negligence, and Malpractice: An analysis based on more than 250 cases against nurses, Nursingcenter.com:"More and more nurses are being named defendants in malpractice lawsuits, according to the National Practitioner Data Bank (NPDB). From 1998 to 2001, for instance, the number of malpractice payments made by nurses increased from 253 to 413 (see Figure 1 , page 55). The trend shows no signs of stopping, 1–3 despite efforts by nursing educators to inform nurses and student nurses of their legal and professional responsibilities and limitations. A charge of negligence against a nurse can arise from almost any action or failure to act that results in patient injury—most often, an unintentional failure to adhere to a standard of clinical practice—and may lead to a malpractice lawsuit."
http://www.nursingcenter.com/prodev/ce_article.asp?tid=423277

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Nursing Malpractice - Online Lawyer Source:"Nursing malpractice is generally defined as negligence on behalf of a nursing professional that causes emotional or physical damage to a patient under his/her care. Any medical professional can be held accountable for medical malpractice. According to the National Council of State Boards of Nursing, the amount of nursing malpractice cases involving medication errors, documentation errors, or failure to intervene or assess, has risen in the last five years. Other cases of nursing malpractice include surgical mistakes ; negligence during child delivery ; failure to properly diagnose and treat an illness in a timely manner ; failure to note a significant change in patient condition or failure to notify the doctor of this change ; misuse of a medical device ; failure to get informed patient consent ; or any other negligence that causes injury or illness to a patient by not meeting the nursing standard of care."
http://www.onlinelawyersource.com/medical_malpractice/nursing-malpractice.html

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TAANA Position Paper on Expert Testimony in Nursing Malpractice Actions:"The American Association of Nurse Attorneys (TAANA) is a voluntary, nonprofit professional organization whose members have combined the legal and nursing professions. Established in 1982, its membership is comprised of individuals who hold degrees in both nursing and the law or who have completed the requirements of one profession while actively pursuing a professional degree in the other. TAANA's mission is to provide resources, education and leadership to it members as well to both the medical and legal communities on issues relating to health law and policy. TAANA is committed to educating the public and members of the legal profession about the nature and standards of nursing."
TAANA
P.O. Box 515
Columbus, OH 43216-0515
Toll Free: 877-538-2262
Fax: (614) 221-2335
taana@taana.org
https://listserv.temple.edu/cgi-bin/wa?A2=ind0607&L=net-gold&P=52480

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Nursing malpractice statistics: Wrongdiagnosis.com:"16,339 (7.9%) nurses and nursing-related practitioners had a malpractice report made against them in the US 1990-2003 (2003 Annual Report, National Practitioner Data Bank, US DHHS) 18,165 (5.3%) malpractice reports were made against nurses and nursing-related practitioners in the US 1990-2003 (2003 Annual Report, National Practitioner Data Bank, US DHHS) Nurses and nursing-related practitioners had an average of 1.11 malpractice reports made against each of them in the US 1990-2003 (2003 Annual Report, National Practitioner Data Bank, US DHHS)."
http://www.wrongdiagnosis.com/medical-malpractice/nursing_malpractice_statistics.htm

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Nursing Malpractice: Implications for Clinical Practice and Nursing Education Janet Pitts Beckmann, Ph.D., R.N., Galen Press:"Protect yourself by reading this book! The increasing number of nursing malpractice cases is affecting clinical practice and nursing education. After describing a typical malpractice suit, the author details sixty actual cases, each categorized by the underlying cause of the malpractice, such as medication administration and equipment use. Also provides recommendations for reducing the occurrence of malpractice and improving nursing education."
http://www.galenpress.com/00320.html

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Nursing Malpractice Sidestepping Legal Minefields Softbound, LWW.com:"This book cites court cases and settlements as a foundation to explain complicated legal and ethical issues in health care delivery. Chapters address issues surrounding each case, suggest ways that the litigation could have been avoided, and apply lessons to the larger context of daily nursing practice. Topics covered include a matter-of-fact view on medication error, documentation, breach of confidentiality, patient safety, assessment and monitoring, and patient rights. Supplemented by a special chapter on being sued and what to do, as well as featured opinions and contributions of more than two dozen nurse attorneys and risk-management and malpractice experts."
http://www.lww.com/product/?1-58255-207-X

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See also:

MedMal Consulting:'MedMal Consulting is a Physician owned and operated full-service medical malpractice evaluation and medical negligence consulting support firm. MedMal Consulting has doctors, legal nurse consultants, and medical legal litigation support personnel to assist with every aspect of your medical negligence case. Established in 1992, Dr. Herman and MedMal Consulting have over 18 years of experience in the medical legal field and have assisted in obtaining more than $147 million dollars in verdicts and settlements in medical malpractice cases."
MedMal Consulting, Inc.
P.O Box 391153
Cleveland, Ohio 44139
Phone: (216) 744-8907
Fax:(440) 248-8257
eMail: info@medmalconsulting.com
http://www.medmalconsulting.com/

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Please Choose By State:

--

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StumbleUpon,
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******************************************************

Sincerely,

Andrew Lopez, RN
Nursefriendly, Inc. A New Jersey Corporation.
38 Tattersall Drive, Mantua New Jersey 08051
http://www.nursefriendly.com info@nursefriendly.com ICQ #6116137
856-415-9617, (fax) 415-9618

150,000 + Nurse-Reviewed & Approved Nursing Links

http://www.4nursing.com
http://www.legalnursingconsultant.com
http://www.nursinghumor.com
http://www.nursefriendly.com
http://www.nursingcasestudy.com
http://www.nursingentrepreneurs.com
http://www.nursingexperts.com