A golden opportunity awaits those who know how to take advantage of it. What am I talking about? Using today's high-technology to present your case to a jury more effectively and persuasively. It is becoming more and more important to use today's search and imaging software to help a jury see facts and concepts more clearly, and focus more on the issues you want them to. People remember what they see 10 times better than what they hear..
For starters, the already complex world of medical terminology and procedures has been made even more difficult for most people to understand since computers make even more information available at a much faster pace. Another reason is the level of detail at which the factors that make or break a case are discovered, again driven by today's micro-processor technology. These and many more issues are creating the need for easy-to-understand information presented in a dynamic format.
You might already be thinking about slide projectors, video tapes, and other relics of the last century - and how you can't be slowed down or distracted by the need to "rewind a tape" or "go back to slide 2", when in front of a jury. You might be thinking about how you can't risk your case on a canned presentation that becomes useless as soon as something unanticipated comes up. You are right, but this is the twenty-first century, not the twentieth.
Software exisits that enables illustrations, charts, graphs, and other case materials to be presented dynamically, on an "as needed" basis, at the click of a button! A knowledgeable certified legal nurse consultant (CLNC) can interpret the medical data, and then prepare the illustrative materials, to interactively present your client's case. On the other side, this same system can be used very effectively to undermine the credibility of any witness by instantly retrieving and displaying documents that contradict that witness!
Unlike linear videotapes and slides, video and audio files stored on a DVD can be searched for and presented instantly, at the click of a button. No time-consuming fast-forwarding, re-winding, or other navigational procedures are needed! This new technology can be very useful. An attorney can now just press a button to present some very compelling evidence in more powerful ways. Today's DVD technology enables an attorney to make on-the-spot decisions about which evidentiary information and/or "emotional-appeal" illustrations to present, based on the current court room situation. A certified legal nurse consultant (CLNC) with good presentation skills could interpret the medical data and prepare an extremely powerful set of presentation tools.
For example, assume your client's eyesight was impaired by laser eye surgery (LASIK) done incorrectly. Imagine the benefits you would enjoy if you could display a real-life photograph illustrating just how your client's vision is affected, just when you need it. Instead of using words such as "double-vision" or "ghosting", which are vague and ambiguous at best, you could display a large screen photograph illustrating just how hard it is for your client to see objects reliably. This will drive home the point as to why your client cannot drive a car anymore, or why they can't work, or whatever is needed to justify their cliam for damages. An experienced CLNC could interpret the medical data regarding your client's eye and pupil measurements, incision length and position, interview the client, and
prepare just such a photgraphic tool.
Dynamic presentation tools are useful in many areas involving loss of physical accumen, and are not restricted to LASIK. Loss of voice, the ability to walk, or perform some other physical activity, can be devastating to someone. We will present articles on how to use today's technology to communicate such loss more effectively in many future issues.
Why Legal Nurse Consultants?
Standards are changing so rapidly that a great deal of confusion swirls about the role of a legal nurse consultant (LNC) and a paralegals or legal assistant. This occurs in some settings because an LNC might perform many of the same tasks a paralegal or legal assistant does, especially in smaller law offices where the LNC is the only resource available to the attorneys.
In many instances, paralegal or legal assistant educational programs are comprised of only a few months coursework after high school that is focused primarily on legal procedures and paperwork, and does not provide the nursing or medical background needed to perform complex tasks such as:
- determining if the proper medical records have been kept, or
- identifying the correct Standards of Care (SOC) that should have been adhered to, or
- assessing the future cost of care of a specific medical condition.
A legal nurse consultant can perform the above and many other tasks at costs much lower than those of a physician.
It is precisely because of the above differences in education and experience that the American Association of Legal Nurse Consultants (AALNC) has defined legal nurse consulting as a specialty nursing practice, i.e., that legal nurse consulting education should be considered as something much more than a paralegal or legal assistant.
Attorneys consult with engineers, psychologists, accountants, and others because of their expertise in their respective professions. Consulting with LNCs falls into the same category because of the LNC's expertise in nursing and healthcare, and the many legal advantages the LNC can bring to the table. Most LNCs have a bachelor's degree in nursing at minimum, and many have advanced degrees in nursing and other health-related or educational fields. (Ideally, because of the need to find expert witnesses, many of which are in the academic world, or to prepare presentation aids or in some other way EDUCATE a jury, degrees in both education and nursing are desirable.) Some LNCs are independent consultants, while others are employed by law firms and other organizations in a wide variety of roles.
Future issues of LNC UpDate will examine the benefits of LNCs and paralegals in particular situations, so bookmark this page now!
CLNC Selection
An often overlooked fact is the obvious: the primary function of a legal nurse consultant (LNC) is to provide information that helps the attorney obtain a successful outcome in each case. The part that is overlooked is that this function requires much more than clinical experience and the ability to interpret medical records, documents, and other related medical-legal issues. It REQUIRES the ability to put complex medical-legal concepts into a format understandable by a jury usually comprised of non-medical people. This EDUCATION and COMMUNICATION of key points to a jury, helping to ensure a successful outcome in each client case, are the real benefits of having a qualified LNC on your side.
The LNC best for a particular case is the firm or individual most capable of accurately IDENTIFYING and communicating the major key advantage points pertinent to that specific case using easily understood language, presentation aids, and other tools. An LNC ideal for one case may not be suited to the next. This is because there are so many different specialties in the medical-nursing arena, and utilizing an LNC with knowledge in just a few areas of practice can be self-defeating to your case.
When the caseload is highly variable the best LNC is one that has many contacts in BOTH the nursing and educational arenas. This enables attorneys to develop that LNC as a resource capable of drawing on a large pool of qualified experts from many different sources, making the location of highly credible expert witnesses very fast and efficient. This same LNC resource can also draw upon their own or outside educational experts to determine the best way to present any findings in the courtroom. Legal nurse consulting is much more than simply analyzing medical records for correctness, or locating an expert witness. A good legal nurse consultant must be able to efficiently package and manage the relevant information gleaned from medical records analysis in such a way that it provides the most help in achieving a successful outcome in the case. An example of a LNC who offers good educational and communications expertise in addition to an in-depth nursing background is NJMRR.
Future issues of LNC UpDate will examine how to select an LNC for particular situations, so bookmark this page now!
How to Reach NJMRR
Telephone: 201-664-0560
Fax: 201-664-5951
Email:
info@lnc-legal-nurse-consultants.com
