Legal nurse consulting includes numerous niche areas under one umbrella. As the name suggests, legal nurse consultants work with attorneys, as either testifying or non-testifying experts.
Legal nurse testifying experts have worked in an official capacity since the 1980s, when, in Maloney v. Wake Hospital Systems, the court held that "the role of the nurse is critical to providing a high standard of health care in modern medicine. Her expertise is different from, but no less exalted than, that of the physician." Prior to this case, it was common for physicians to opine on nursing care. This decision set a precedent for nurses to be recognized in court as a separate medical profession.
What we do. When a nurse is a testifying expert for a case, it means they are hired as an expert witness. Typically, they review the medical records, form an opinion, write a report or affidavit stating the opinion, defend their opinion in depositions, and testify in front of a jury. Not all of these steps occur in every case; however, once contracted as an expert witness, the nurse is expected to be available for deposition and trial as the case necessitates. Non-testifying experts offer a variety of legal expertise and services, such as organizing medical records into a chronological timeline, screening cases for merit, and determining long-term medical requirements and estimated costs of care (commonly referred to as "life care planning").
Career goals. To become a legal nurse consultant, one must look inward. A firm grasp of investigative skills, an ability to be self-motivated, a strong sense of ethics, and being detail oriented are key traits of successful consultants.
Competent legal nurse consultants have at least five years' experience in the field. They may also be certified in their specialty, such as being a certified critical care nurse. This is preferred for testifying experts, as being board certified helps establish credibility. Legal nurse consultants may also be involved in teaching, and some may have been published, which lends more credibility to their stature as an expert in their field.
Many websites offer courses and certificates in legal nurse consulting. However, it is not necessary to take a course to become a consultant. For a nurse who wants to be an expert witness, it is more pertinent to continue their clinical practice than devote time and financial resources to courses that may hinder future employment. The only certification course accredited by the Accreditation Board for Specialty Nursing Certification is for the legal nurse consultant certification (LNCC), which is taken after a nurse has an established career as a legal nurse consultant, with a minimum of 2,000 hours of consulting experience in the past five years. The LNCC examination is offered twice a year.
Connecting with colleagues. Learning about this specialty's professional organization-the American Association of Legal Nurse Consultants (AALNC; http://www.aalnc.org)-is the best first step for the nurse who is interested in becoming a legal nurse consultant. Created in 1989, the AALNC offers a wealth of information and educational opportunities for interested nurses, such as online modules, webinars, and a mentoring program. There are shared interest groups on certain topics, and connections can be made by attending the AALNC's annual conference. Aspiring nurse consultants can peruse the website's Professional Development Center and participate in LNC Jumpstart, an interactive workshop providing educational information and networking opportunities.
Challenges. The greatest challenge and opportunity that a legal nurse consultant has is to educate attorneys on the medical nature of their cases. Attorneys do not typically have a medical background, so it is of the utmost importance that the legal nurse consultant is able to not only read and understand a medical record but also explain it to the attorney in layperson's terms. By navigating the medical charts and summarizing them in concise, easy-to-understand language, the legal nurse consultant can successfully bridge the gap between the legal and medical realms.