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What Are Medical Legal Evaluators, and Why Are They Important?

A Medical Legal Evaluator is an individual who is a licensed healthcare provider (such as a registered nurse or a physician) who acts as a neutral third party when evaluating what kind of benefits a person should receive for their injury or illness. A qualified medical evaluator, QME for short, is often used in cases of workers’ compensation. Read on to learn more about how QMEs are used in Workers’ Compensation cases and why they are important. 

What Is Workers’ Compensation?

Workers’ compensation refers to an insurance program that provides medical care and/or cash benefits to workers who have become injured while on the job or as a direct result of their job. Suppose the employee can still work but the injury or illness prevents them from making the same amount. In that case, workers comp can make up two-thirds of the difference in wages. If applicable, the employee may also return to work on alternative duty until fully healed. 

Workers’ Compensation insurance is not always mandatory, but most states require that businesses carry some kind of workers’ compensation insurance that is not paid for by employees. The fees are paid under the direction of the Worker’s Compensation Board of that state. This state agency both manages the insurance payments and processes claims from employees seeking workers’ compensation. They also can intervene in workers’ compensation cases to determine the amount and duration of cash benefits or medical care benefits. 

Workers’ compensation is not like a legal case where one party is determined to be “at fault,” and the other uses it. In Workers’ Compensation, the amount is predetermined and is not increased or decreased by “fault” on the part of the worker or the employer. However, there are cases in which an employer can automatically deny benefits, such as if the injury is a result of intoxication on the part of the worker or if the injury is determined to be self-inflicted or intended to hurt others, then workers’ compensation benefits may be denied

Sometimes employers or insurance companies dispute workers’ compensation claims– they may claim the injury or illness is not job-related. When Workers’ Compensation payment is disputed by the employer or insurance carrier, the case may go to court to determine if benefits should be paid out or not. 

What Role Does a Medical Legal Evaluator Have In Workers’ Compensation?

Now that we know what Workers’ Compensation is and how payment works, we need to know what role Medical Legal Evaluators or QMEs play in the process. When a workers comp case is filed, it is required to come with a report from a medical professional. Generally, when someone is injured on the job, they go to their primary care physician for treatment of their injuries or illness, and the primary care physician can give their expert opinion on the patient’s injuries or illness. 

At this point, a Medical Legal Evaluator is usually assigned to the case. This person is either a Qualified Medical Evaluator (QME) or an agreed medical evaluator (AME.) Their job is to act as an unbiased medical third party to examine the patient and give their official medical opinion on the patient’s injuries or illness. A QME can also order additional tests and X-rays to further evaluate the patient for their final report. This report can be used in court either in support of the employer to the injured party. 

Medical Legal Evaluators are especially important in cases of Workers’ Compensation where parties disagree on doctors, illnesses, or the extent of the injury.

Other Medical Legal Evaluation Services

While often used in Workers’ Compensation cases, that is far from the only thing that Medical Legal Evaluation services are used for. A QME can be used to determine Subsequent Injury Trust fund benefits and Disability benefits qualification and payments. They are also useful in personal injury cases or to determine fitness for duty. Basically, any legal situation that requires a third-party medical evaluation can benefit from using a QME. 

Legal Medical Consulting in Dallas TX 

If you are looking for medical legal evaluations in Texas, consider Legal Medical Consulting. Dr. McNew and his team have decades of experience in the Medical Legal world, from representing hospitals to private patients. A qualified medical evaluator must be a healthcare provider who meets educational and licensing requirements, as well as passes a test, and receives ongoing education. But not all GMEs are created equal, and when it comes to something as important as your health, you want the best. So call Legal Medical Consulting or check out their website today! 

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Expert Witnesses General Information Legal Definitions

What Are Medical-Legal Partnerships?

Modern medicine is always changing. From lifesaving drugs to ground-breaking surgical methods, medicine is always growing and changing to improve the lives of people everywhere. But what drives these changes, and how can medical communities work to improve their patients? This is where a Medical-legal partnership or MLP can come in. A Medical-Legal Partnership is when a board of health care directors and leaders work in tandem with legal professionals. Together they use their combined knowledge and expertise to better serve patients by identifying and preventing the legal needs of the patient population that is not being adequately met.

How a Medical-Legal Partnership Can Benefit Patients

A Medical-Legal partnership is a modern approach to addressing the needs of vulnerable patients. This is managed by a two-prong approach within the hospital or health clinic management. One approach is the obvious medical approach, which involves the health care providers. The other approach is a legal expert such as a lawyer. These two can work together to benefit vulnerable patients and solve problems to prevent further need for medical care. For example, if a patient is denied coverage by their insurance carrier, a healthcare provider may not be able to help, but a lawyer can use their expertise to intervene on behalf of the patient. A lawyer can also be useful for minor patients with guardianship issues. They can even work with a patient to fight a landlord who refuses to fix housing issues that are causing the patient physical harm. 

This approach not only benefits vulnerable and at-risk communities but also saves money by preventing the need to repeatedly treat health problems caused by legal issues. 

How MLP Organizations Work in Hospitals and Clinics

By combining the efforts of healthcare professionals and lawyers, a Medical-Legal Partnership can provide help to those who really need it. These vulnerable populations are often underserved and can be overlooked by medical care alone. There are also some situations that medical care simply cannot resolve, but legal assistance can. In the USA, there are approximately 290 hospitals and health clinics with Medical-Legal Partnership teams. 

Medical-Legal Partnerships Benefit Both Health Care Systems and The Community

Because Medical-Legal Partnerships are a new concept, there isn’t a lot of research yet on how MLPs benefit hospitals and the community. Currently, several large health organizations, such as the Children’s National Health System and the Health Law Partnership, are working together, along with several other medical schools and legal aid organizations, to measure the success of Medical-Legal Partnerships. Their metrics of success are not only community health improvement and educational outcomes but also health care cost savings and institutional benefits. After all, preventative care will always be less expensive than emergency care, and if legal assistance can prevent emergency care in a community, it will likely lessen health costs overall. 

Nursing Expert Witnesses and Medical-Legal Partnerships

What kind of experts should work on a Medical-Legal Partnership? Obviously, lawyers who are well versed in medical malpractice law, as well as a general practice, are useful for the legal side of the partnership. Physicians and surgeons, as well as other hospital officials, are also important for the medical side. 

However, this is not enough to provide a well-rounded Medical-Legal Partnership team. Nurse Expert Witnesses should also be considered for a Medical Legal Partnership for a wide range of reasons. One is that a nurse expert witness is already well versed in the medical world. Specifically well versed in the realm of nursing and nursing practice. They can provide insight into situations that involve nursing standards of care. Ideally, a nursing expert witness will have several years of experience both in a clinical setting as well as in a leadership role. 

A nurse expert witness will also have knowledge of the law and medical malpractice cases from their time as an expert witness. Because medical expert witnesses work with the legal team to build all aspects of a case, they will be familiar with the ins and outs of legal work and will be able to assist in medical error prevention as well as medical malpractice prevention among nursing staff. 

Legal Medical Consulting in Dallas TX

Are you considering a Medical-Legal Partnership for your hospital or health clinic? Are you looking for someone to consult on medical error prevention and nursing leadership? Consider Legal Medical Consulting. Based out of Dallas TX, Legal Medical Consulting is run by Dr. McNew, who has over 34 years of experience in healthcare operations, nursing, and clinical care. Give us a call or check out our website today to see how legal medical consulting can help your business. 

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Medical Legal Solutions — Nurse Expert Witnesses

Our court system offers various ways to introduce evidence, and medical-legal solutions are often utilized to establish the facts of a case. Eyewitness testimony is essential, but many cases require the opinion of an expert witness.

Eyewitness or factual witness testimony is based on details a witness observed during an incident. An expert witness, however, has no direct knowledge of the incident in question and, therefore, cannot testify about observations.

What Expert Witnesses Do

The role of an expert witness is quite unique. In complex cases, courts sometimes rely on individuals with specialized training to explain the evidence. Serving as subject matter experts, these witnesses compare their knowledge to the facts of the case and reach practical conclusions.

Court cases often deal with complex medical facts that require explanation by a doctor or nurse. Dallas Expert Witness Nurses routinely serve the courts in this role and rely on their scientific backgrounds to assess case evidence.

Statement of Qualifications

All expert witnesses must certify their expertise with the courts. A Law firm needing an expert witness will obtain a detailed curriculum vitae from that professional and thoroughly review all credentials.

Expert witnesses should take care to ensure they only offer opinions on their exact specialty.

Forming an Opinion

One expert witness is hired and provided with various documents to analyze, including a statement of claim and defense, patient charts, and transcripts. Analysis can reference best practices, how case details align with those practices and other pertinent information. Law firms who retain expert witnesses specify whether opinions presented will be verbal, in writing, or both.

It is paramount that an opinion is reliable, accurate, and relevant to case facts. An Expert witness must be able to factually align eyewitness testimony with their view or run the risk of the opinion being rendered useless.

Going to Trial

There may be instances where Expert Witness Nurses in Dallas TX are called to testify in court. Before testifying, either lawyer representing both sides will agree to the witness, or a separate trial called a voir dire will be held to review the witness’s background and expertise.

If a voir dire is required, the court will require that four benchmarks are met to hear the witness’s expert opinion on the case:

  1. Necessary to assist the court—the view will provide important information that is outside the expertise of the court or jury
  • Relevance—the opinion relates to a matter pertinent to the case
  • Qualifications—the expert must meet established requirements to serve as a specialist
  • Absence of an exclusionary rule—there must be no exclusions that prevent expert testimony

Court Judgments

When the court forms an opinion about an expert witness, it does so in writing and includes details from the witness. For example, in its Reasons for Judgment, a judge might write:

“The defendant called an expert witness in emergency nursing care, Kathleen O’Neill R.N., who has years of experience in clinical nursing and teaching best practices for a university program. In her opinion, the lab results were properly analyzed, and appropriate care was provided.”

Often, multiple expert witnesses are utilized by both the Plaintiff and defendant. In nonjury trials, it is the judge’s role to weigh the evidence in totality to reach a decision. For example:

“As part of her profession, Nurse Miller must practice with reasonable skill. Two experts called by Defendant, Nurses Branson, and Gorek, affirmed that the care Nurse Miller provided did comply with protocols. Nurse Caruso disagreed with this assessment. One expert was called by Plaintiff. This court accepts the opinions of Nurses Branson and Gorek.”

A judge may also determine that an expert witness is not qualified to provide specific evidence. Because medicine and nursing are different specialties, they have their own standards of practice. A ruling might determine:

“Expert witness Dr. Franklin gave opinions on emergency nursing care. Because this is not his specialty, the court finds he is not qualified to provide these opinions. Thus, these opinions alone will be removed from the record and not considered in the court’s judgment.”

It is not unusual for a judge to determine that multiple experts have roles in a case, particularly with doctors and nurses who often work together. The court uses all evidence to define specific roles of experts. For example:

“After reviewing all expert testimony, I am satisfied that Nurse Miller’s role in the emergency room is to monitor lab results and report changes or problems. This role was affirmed in the testimony of Nurse Miller and experts Dr. Franklin and Nurses Branson and Gorek.”

Legal Medical Consulting, such as those provided by Dallas Expert Witness Nurses, play an essential role in obtaining fair verdicts and ensuring a just legal system.

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Medical Legal Services for Medical Malpractice Cases 

You may have seen commercials on TV about Medical Malpractice cases. But what is Medical Malpractice, and how is it processed in a court of law? Here we will break down what Medical Malpractice is and how it is proven (or disproven) in the American justice system. 

We will also discuss Nurse Expert Witnesses and how they can be used by legal teams in a medical malpractice case

What is Medical Malpractice?

Medical Malpractice is a term used to describe a situation in which a healthcare professional or provider fails to provide adequate treatment. Medical Malpractice can lead to injury or even death. Medical Malpractice can occur during any part of the healthcare process, such as diagnosis, medication administration, treatment, surgery, or aftercare. 

American hospitals and medical centers are tightly regulated and held to a high standard of care. Because of this, many Medical Malpractice laws allow patients to recover compensation in situations of proven medical error. 

Medical Malpractice is not new. According to a study by the  Medical Malpractice Center, in the USA alone, there are over 15,000  Medical Malpractice suits against doctors every year. Because of this, there are apparent laws and processes that malpractice cases must go through, varying from state to state. 

What Types of Situations Can Cause Medical Malpractice Cases?

We know that Medical Malpractice comes from medical error, but what does that mean? For a situation to be considered Medical Malpractice, it must meet certain criteria. The first is that the healthcare provider failed to meet a proper standard of care. In Medical Malpractice, the patient must prove that health care standards were not adhered to. 

In addition to proving that the standard of care was not met, a Medical Malpractice case needs to have an injury that resulted from the negligence. If a patient is simply unhappy with how a doctor treated them, that is not the same as medical malpractice. 

This brings us to the third criterion: the injury in question needs to have resulted from negligent medical care and nothing else. The injury in question must have damaging consequences that caused enough damage to warrant compensation. 

The types of things that would be considered damage caused by injury include permanent disability, pain and suffering, and loss of wages. 

Common Medical Malpractice Cases

The most common Medical Malpractice cases are ones where error or negligence is obviously tied to the injury causes. These include inappropriate surgery, early release from care leading to injury, misdiagnoses, or failure to perform testing. Other common Medical Malpractice cases include mishandling medication– such as the incorrect dosage or incorrect medication entirely. Medical Malpractice cases can also involve a fatal infection acquired at the hospital or care negligence leading to pressure ulcers, aka “bed sores.”

The Components of a Medical Malpractice Case

There are several important players in a Medical Malpractice case. The first is the plaintiff, the party that has launched the complaint against the hospital/medical care center. The plaintiff is the one who brings the case to court to sue. The plaintiff could be the patient, their legal team, or the executor of the patient’s estate if the Medical Malpractice caused death. The defendant is the party being sued, the hospital or healthcare provider. The fact-finder is the judge or jury who will review the case and give their opinion on the verdict. 

How Medical Malpractice Cases Can End

If the plaintiff is the prevailing party, they may be awarded compensatory and/or punitive damages. The difference is that compensatory damages include things like monetary damages for inability to work, life care expenses, and medical expenses. Compensatory damages are for things such as psychological harm, disability, pain, and emotional distress. 

Punitive damages are given to the defendant only if the court finds them guilty of willful negligence.

Legal Medical Consulting

Looking for the best Nurse Expert Witness for your Medical Malpractice case? Give Legal Medical Consulting a call today or check out our website to see how we can help you win your case. 

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Finding The Right Medical Legal Experts for Your Case

Finding an impartial and qualified Medical Legal Expert can present a challenge for any legal team. The right Medical Legal Expert can make or break a malpractice case. But Medical Legal Experts are not one size fits all, and it is important to find the right medical or legal expert for your specific case. An office that is organized and has the experience needed to provide accurate medicolegal practice.

Those looking for a Nurse Practitioner Expert Witness for Medical Litigation in Dallas TX should consider Legal Medical Consulting. Dr. McNew and his team have over 34 years of experience working with over a hundred hospitals. Whatever your legal case may be, Legal Medical Consulting has what it takes to help your team get the best outcome possible.

What is a Medical Legal Expert?

In short, a Medical Legal Expert is a person with enough medical experience to be considered an expert who voices their opinion and offers guidance on a legal case that involves their area of expertise. A Medical Legal Expert may testify their professional opinion at trial or deposition, but the role is often much more involved than just that. 

Medical Legal Experts work alongside legal teams from the beginning to the end. They offer counsel on what cases have merit and which ones do not. Medical legal experts help organize and review complicated medical files with a trained eye. They can build medical timelines for the case, proving useful at trial. A Medical Legal expert can also help evaluate the cost of any long-term care or treatment the client may need. 

What Kind of Qualifications Should a Medical Legal Expert Have?

When looking for a Medical Legal Expert, it’s important to match the logistics of your case. If the case involves malpractice with a nurse, it would be best to find a highly qualified and experienced Registered Nurse Legal Expert, such as Dr. McNew at Legal Medical Counseling. Mcnew has a Doctorate of Nursing and has worked with 133 hospitals and 265 Ambulatory Surgery Centers in his decades-long practice. 

When looking for a Medical Legal Expert, be sure to find one with experience in your particular field. Impartiality, independence, and experience are the tentpoles of a good Medical Legal Expert. 

Why Is Getting an Experienced Medical Legal Expert Important?

A Medical Legal Expert is only as useful as their experience. If you are not careful, you can end up with a Medical Legal Expert that does more damage than good. A Medical Legal Expert must be prepared for the rigor of legal court– they need to be able to form a professional opinion supported by the expertise and modern medical literature. This opinion needs to be able to stand even when challenged by the opposing legal party and criticized. 

Suppose your Medical Legal expert is not experienced and qualified. In that case, you risk them backing down from their professional opinion. This opens the Medical Legal Expert up to criticism and makes the court question their credibility as an expert. The Medical Legal Expert may even be subject to legal proceedings if the legal team they worked for felt they had misled them. 

What to Look Out for When Choosing a Medical Legal Expert 

It pays to be discerning when looking for a Medical Legal Expert to work with. A Medical Legal Expert must have both clinical experiences as well as administrative experience that aligns with the needs of your case. They need to be able to accept and understand the instructions provided by your law firm. 

As previously stated, an inexperienced or unqualified Medical Legal Expert can be incredibly damaging to your case. All potential Medical Legal Experts should be thoroughly screened, and their education and qualifications must be verified. They should be able to provide an in-depth and structured report of their professional opinion and be able to back it up on trial. If you feel that a Medical Legal Expert cannot do this, it is best to not hire them. Remember that a good Medical Legal expert will not take cases they feel they cannot be useful for– so be wary of any over-eager and under-qualified candidates. 

Finally, be on the lookout for Medical Legal Experts who appear more interested in a payout than anything else. They may prolong the litigation intentionally, bleeding unnecessary funds. This behavior can expose your legal team to potential criticism and poor reputation. Give us a call, or check out our website today! 

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What to Look for in an Expert Nurse Witness

The role of the expert nurse witness is a relatively new one. It used to be that only physicians and surgeons would participate as expert witnesses. Unfortunately, this was a large detriment to cases involving nursing care and nursing standards of practice. During the eighties, it became more common for nurses to work in the legal profession as Expert Nurse Witnesses

To understand what to look for in an Expert Nurse Witness, you need to consider the role of an Expert Witness. Expert witnesses are hired by a legal team to act as a liaison between the law and the subject that they are experts. Unlike witnesses to a crime, an expert witness was not present when the situation took place. Instead, they use their expertise to explain the situation and give their professional opinion. In the case of Expert Nurse Witnesses, these nurses give their expert opinion on nursing and medicine, as well as provide valuable assistance to the legal team in preparing for trial or deposition. Expert Nurse Witnesses help legal teams build their cases by reviewing medical files, providing expert opinions on long-term care costs, creating a medical timeline, and testifying at trial or deposition. 

But not all Expert Nurse Witnesses are created equal. To choose the best Expert Nurse Witness, you need to thoroughly vet their qualifications and make sure that they are a good fit for your case. Read on to learn more about what to look for in an Expert Nurse Witness.

Education

Nursing is an umbrella term that covers a lot of different roles and education levels. To be a Nurse Expert Witness, one should at least be a Registered Nurse or RN. A Registered Nurse has completed either a bachelor’s or associate’s degree and passed their state-required NCLEX examination. They are then licensed by the State Board of Nursing (BON). That nursing license must remain valid and unencumbered. 

However, because the field of Expert Nurse Witnesses is so competitive, many seek higher education and get their Masters of Science in Nursing, making them Advanced Practice Registered Nurse or an APRN. They could also get a Doctorate in Nursing and become a Doctor of Nursing Practice or DNP. DNPs are often found in positions of leadership at hospitals and other nursing administrations, which makes them a good choice for an Expert Nurse Witness. 

Medical Experience

While education is important, the best thing to look for in an Expert Nurse Witness is someone with both educational nursing experience as well as practical nursing experience. While educational qualifications are very important, medical experience is an equally important qualifier. 

When looking for an Expert Nurse Witness for your legal team, it is best to find someone with a lot of experience both acting as a nurse and on the administrative side. A nurse who has had a lot of time in leadership roles will be able to explain the complexities of medical administration. In addition, these nurses will be well versed in nursing standards of practice and what qualifies as adequate care. This can be very useful in medical malpractice cases involving nurses. 

Legal Experience

The final thing to look for in an Expert Nurse Witness is their experience working as an Expert Witness. When meeting potential Expert Nurse Witnesses, ask them about other cases they have worked on and their outcomes. You can also ask other legal teams about the Expert Nurse Witnesses they use and what kind of services they provide for the legal team. Did they adequately fulfill the role of Expert Nurse Witness? Was their input useful for building a case?

While it is important to get the most qualified medical nurse possible for your Expert Nurse Witness, knowing the law and how the court works is very useful to a good Expert Nurse Witness. This is especially true when it comes time to review medical files and build timelines because a Nurse with experience as an Expert Nurse Witness will know what they are looking for and what information can be beneficial to building a case. 

Why Choose Legal Medical Consulting 

Those looking for an Expert Nurse Witness need to look no further! Dr. McNew (DNP) and his team at Legal Medical Consulting have all the experience you need to win your case. Give us a call or check out our website today and see what we can do to help your legal team. 

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What Do Medical Surgical Nurse Expert Witnesses Do?

The worlds of law and medicine are both highly complicated, requiring educated and trained professionals to navigate. Legal teams may be more than qualified to handle the legal side of cases but can find themselves stumped by the medical aspects of medical-legal. Cases such as medical malpractice, especially medical malpractice, nursing malpractice, or injury caused by surgery. This is where a Medical Surgical Nurse Expert Witness comes in to help bridge the gap between the medical aspects of the case and the legal side. 

What do Medical Surgical Nurse Expert Witnesses do?

To understand what a Medical Surgical Nurse Expert Witness does, you can break down the name. An expert witness is someone called to help a legal team by providing insight and professional knowledge about a specific subject they are an expert on. In the case of Medical Surgical Nurse Expert Witnesses, the expert is a highly qualified, educated surgical nurse with lots of clinical and practical nursing experience. 

As for how the Medical Surgical Nurse Expert Witness helps the legal team they work for, they provide a wide variety of roles for the legal team. Some of these services include reviewing all pertinent medical files and data, creating a medical timeline, providing expertise and insight into surgical nursing standards of care and practices, explaining surgical procedures in layman’s terms, and testifying at trial or deposition.

What kind of qualifications should a Medical Surgical Nurse Expert Witness have?

The ideal Medical Surgical Nurse Expert Witness has both nursing qualifications and clinical experience needed to provide insight into medical cases from a position of experience. In order to be a Medical Surgical Nurse Expert Witness, you must at least be an RN or a Registered Nurse. An RN has completed either a bachelor’s degree or associate’s degree from an accredited university. An RN must have a license from the State Board of Nursing (BON) and must pass their state-required NCLEX examination. 

But that is just the minimum. Most Medical Surgical Nurse Expert Witnesses are supposed to be speaking from a place of expertise and experience; therefore, the more education, the better. Often Medical Surgical Expert Witnesses have a Masters of Science in Nursing, qualifying them as APRNs or Advanced Practice Registered Nurses. These nurses are qualified to pursue careers as midwives, nurse anesthesiologists, or clinical nurse practitioners. 

In addition to education, the more experience a surgical nurse has, the more valuable they will be to the legal team they work with. Surgical nurses generally work with patients going into surgery, working alongside physicians in the preparation process, the surgical process, and the recovery process. Preferably a Medical Surgical Nurse Expert Witness will have experience in clinical settings as well as nurse leadership experience and education.  

Are other nursing qualifications useful to Medical Surgical Nurse Expert Witnesses?

To have the edge over the competition, many Medical Surgical Nurse Expert Witnesses get additional training and certifications to improve their skills as expert witnesses. For example, they may have their Medical-Surgical Nursing Certification (RN-BC) or become a Certified Medical-Surgical Registered Nurse (CMSRN). To prove their prowess in nursing management and Medical Surgical Nurse Procedure, an expert witness may also get Certified in Care and Coordination & Transition Management. (CCCTM). Many Nurse Expert Witnesses also receive a Certification in Forensic Nursing, which can help assist the legal team in determining medical history and the coroner in determining the cause of death. 

What kind of cases benefit from Medical Surgical Nurse Expert Witnesses?

Any medical-legal case can benefit from a Medical Surgical Nurse Expert Witness. They provide valuable feedback on complicated medical issues and can assist bogged-down legal teams in receiving, translating, and organizing the medical files in discovery. Because of the wide range of patients a Medical Surgical Nurse Expert treats, they are qualified to work on many different medical malpractice cases. They can be very useful in cases involving nursing procedures at hospitals and medical care centers. Any legal case involving complicated medical procedures can benefit from the input and testimony of a medical expert. 

Medical Surgical Nurse Expert Witnesses in Dallas TX

Need a top-rated Medical Surgical Nurse Expert Witness in Dallas TX? Consider the services of Legal Medical Consulting. Dr. McNew (DNP) and his team have the knowledge and experience you need to win your case. Give us a call or check out our website today. 

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What Is A Medical-Surgical Nurse Expert Witness?

The legal and medical systems are incredibly complex, requiring experts to navigate them. Legal teams might be well-equipped to handle the legal parts of issues. Still, they might struggle with the medical aspects of medical-legal matters, such as surgical harm or medical negligence, particularly medical malpractice. A medical surgical nurse expert witness can fill in the gaps between the legal and medical sides of the case in this situation.

Medical Surgical Nurse Expert Witnesses Role

A Medical Surgical Nurse expert witness is a person invited to assist a legal team by offering perception and professional knowledge about a particular field in which they specialize. The expert is a highly-skilled, educated surgical nurse with a depth of clinical and real-world practical nursing expertise in the case of medical surgical nurse expert witnesses.

The Medical Surgical Nurse Expert Witness provides a wide range of tasks for the legal team they work for, which is how they assist them. The review of all relevant medical records and data, the development of a medical timeline, the provision of knowledge and insight regarding surgical nursing standards of care and practices, the explanation of surgical procedures in simple terms, and testifying at trial or deposition are a few of these services.

Credentials of a Medical Surgical Nurse Expert Witnesses

The ideal medical surgical nurse expert witness possesses the clinical expertise and nursing qualifications necessary to offer perspective on medical cases from firsthand knowledge. To serve as a nurse expert witness, at the very least, should be a Registered Nurse (RN). An RN has earned a bachelor’s or associate’s degree from an institution of higher learning that is authorized. An RN must pass the NCLEX exam their state requires to obtain licensure from the State Board of Nursing (BON).

However, that is merely the minimum. The more education, the better, as most medical surgical nurse expert witnesses are required to speak from a position of knowledge and experience. APRNs, or Advanced Practice Registered Nurses, are frequently nursing experts specializing in medicine and surgery. These nurses are qualified to pursue jobs as clinical nurse practitioners, nurse anesthetists, or midwives.

A surgical nurse’s value to the legal team they work with will increase in addition to their level of schooling. Surgical nurses typically assist doctors during the preparation, surgery, and recuperation phases of caring for patients who are having surgery. A Medical Surgical Nurse Expert Witness should ideally know clinical settings and training in nursing leadership.

Other Nursing Qualifications Useful to Medical Surgical Nurse Expert Witnesses

Medical-surgical nurses who serve as expert witnesses pursue further education and credentials to stand out from the competition. For instance, they can obtain their Medical-Surgical Nursing Certification (RN-BC), or they might develop into Certified Medical-Surgical Registered Nurses (CMSRN). 

An expert witness may become Certified in Care and Coordination & Transition Management to demonstrate their expertise in the nursing management and medical-surgical nurse procedure. (CCCTM). A Certification in Forensic Nursing, which can help the legal team assess medical history and help the coroner determine the cause of death, is another credential obtained by many nurse expert witnesses.

Cases that benefit from Medical Surgical Nurse Expert Witnesses

A medical surgical nurse expert witness can be beneficial in any medical-legal case. They offer insightful commentary on complex medical issues and can help overworked legal teams by receiving, translating, and arranging the medical papers needed for evidence. A medical surgical nurse expert is qualified to work on various medical malpractice cases due to the broad spectrum of patients they handle. In the circumstances involving nursing procedures at hospitals and medical facilities, they can be pretty helpful. A medical expert’s opinions and testimony are valuable in any legal matter requiring intricate medical processes.

Medical Surgical Nurse Expert Witnesses in Dallas TX

Do you need a reputable medical surgical nurse expert witness in Dallas TX? Think of using Legal Medical Consulting. The knowledge and expertise of Dr. McNew (DNP) and his colleagues will help you win your case. Call us or visit our website right now.

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Why Nurses Are Often Chosen to be Expert Witnesses

The role of nurses in the courtroom has expanded over the past few decades. It used to be that only physicians were called as medical expert witnesses, but there were significant problems with that in cases that involved nursing, nursing standard of care and medical malpractice involving a nurse. These days, it is not only common but encouraged to seek the services of a nurse expert witness when dealing with a nursing-related case, especially one involving the constant and ever-changing rules of standard of care and nursing practice. 

Read on to learn more about the role of nurses as expert witnesses, and how they may be able to benefit your case. 

Role Of An Expert Witness In A Medical Lawsuit

To understand the role of an expert witness in a medical lawsuit, you must first know the role of an expert witness in a court of law.

Unlike a witness to a crime, an expert witness is not someone who was present during the situation that is being discussed in court. Instead, an expert witness is someone whom a legal team hired because of their expertise and experience with the subject matter of the case. An expert witness provides their technical opinion and expertise for the court, explaining complicated situations in layman’s terms that the court can more easily understand. In this situation, a nurse expert witness will be able to explain such difficult and nuanced topics as nursing care and practice, medical jargon, etc. 

In addition, a nurse expert witness can also act as a consultant to the legal team who hires them, helping them parse through medical documents and draw conclusions that someone with no medical or nursing experience would be able to. For example, a nurse expert witness can help a legal team create a medical timeline for a patient, explain medical precedent for certain procedures, and possibly estimate the cost of care for a patient who has been injured by malpractice. 

What Kind Of Nurses Are Used As Expert Witnesses 

Nursing, like all medical professions, requires years of education and training. There are many different nursing and nursing adjacent careers that require lower levels of education and training, such as a Certified Nursing Assistant or a Licensed Practical Nurse. These careers are important to the medical industry but do not meet the qualifications to be a nurse expert witness. 

The minimum requirement to be a nurse is to be an RN, or Registered Nurse, which requires state licensure that must be unencumbered and regularly maintained in order to legally practice. Unlicensed nurses can face fines and possible jail time. 

A Registered Nurse has completed either an associate’s degree (ADN) or a bachelor’s degree (BSN) in nursing or biology from an accredited university and has passed their state-required NCLEX examination. They must have received a license from the State Board of Nursing (BON.) 

A registered nurse is qualified to treat patients, diagnose conditions and prescribe medication, among other things. They often work closely with physicians and hospital staff in patient care and treatment, but they can also work independently under the care of a physician. 

But to be an Expert Witness in a medical case, the nurse in question must be highly qualified in both education and experience. After all, they are speaking from a place of expertise in nursing. Therefore, most nurse expert witnesses have higher levels of education in nursing, such as a Masters of Science in Nursing. This qualifies the nurse as an APRN or an Advanced Practice Registered Nurse.  

They may also seek other certifications that make them a valuable asset to court litigation– such as a post-master’s certification in forensic nursing. This education allows nurse expert witnesses to speak on possible causes of death and work with coroners to examine the deceased to draw educated conclusions on what they find. 

The highest degree available in nursing is a Doctorate of Nursing Practice, or DNP– making the nurse a doctor in nursing. This education is generally sought by those who have decades of clinical experience as a nurse and now wish to work in the high-level administrative side of nursing. DNPs are generally found on hospital boards and in other positions of nursing leadership due to their expertise in both the clinical aspects of nursing and nursing policy and practice. 

Where To Find The Best Nurse Expert Witness In Dallas TX

Those looking to find a qualified, educated nurse expert witness in Dallas Texas should consider the services of Medical Legal Experts in Dallas. Dr. McNew, DNP, has the experience needed to help your legal team in any medical lawsuit. Give us a call or check out our website today! 

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Expert Witnesses General Information Legal Definitions

Expert Witness Nurses in Court 

Expert witness nurses used to be something of a rarity. Traditionally, only physicians were used as medical expert witnesses. However, these days it is not uncommon for a legal team to hire a nurse as an expert witness. This is especially true if the case in question involves alleged nursing malpractice. Expert witness nurses are also hired by medical error prevention teams and malpractice insurance companies. Explore the role of an expert witness nurse in court and how it could possibly benefit your team

What is an Expert Witness in Court?

An expert witness is someone whose specialized skills allow them to speak with knowledge on cases related to those skills. This is different from other witnesses who may be called to court to testify about something they may have seen or heard in relation to the case. An expert witness can use their knowledge to give informed opinions on the facts set before them by the case and draw potential conclusions based on other scenarios they have seen. 

For example, in a legal case discussing an auto accident, they may call a mechanic who specializes in that particular type of car.

How are Expert Witnesses Chosen?

Expert witnesses are chosen by the legal team they work with. They are hired based on their skills, qualifications, and previous experience with similar cases. If one party is using an expert witness, they are usually required to notify the other party in the case by giving them the expert witnesses’ contact information and what subject they are experts in. This is to give the other side time to adequately prepare for trial. 

It is entirely possible for both sides to hire expert witnesses that draw completely different conclusions. It is important to include the qualifications of any potential expert witness because they could be called into question by the opposing side. 

What Kind of Nurses are Expert Witnesses?

In order to be considered an expert witness, the nurse in question should be as highly experienced and certified as possible. At a minimum, a nurse expert witness must be an RN or a Registered Nurse. This means that they have completed either an associate’s degree (ADN) or a bachelor’s degree in nursing, and then they passed the NCLEX examination to become a registered nurse. 

An RN with an unencumbered nursing license from the State Board of Nursing (BON) is just the minimum for an expert witness nurse. Because they are speaking in court from a place of expertise and experience, it is best that an expert nurse witnesses also have a higher degree of nursing education, such as a Master’s of Science in Nursing, which would make them an Advanced Practice Registered Nurse. The highest educational degree available in nursing is a DNP or Doctorate of Nursing Practice. Some nurses hoping to become expert witness nurses get further educational certificates, such as a post-master’s certificate in forensic nursing, which allows them to work with coroners to determine the cause of death. This is useful in cases of potential homicide or criminal negligence possibly leading to death. 

In addition to education, the expert witness nurse must have decades of experience in both the practical, and clinical areas of nursing as well as the administrative side. An ideal expert nurse witness has extensive experience both as a nurse in a clinical setting and as a leader of nurses enforcing standards of care. 

What is the Role of an Expert Witness Nurse?

During the trial an expert witness nurse will review all the medical records associated with the case and provide their opinion on whether or not the case has merit. This is a lengthy process involving a lot of research, including looking into the administrative code of the Board of Nursing for the state in which the case is being tried. 

If they decide to go forward with the case, the court may ask that the expert witness nurse file a Certificate of Merit, which can be used by the state to go forward with the case. 

An expert witness nurse may be called upon during trial to testify, or they may just do “behind the scenes” work gathering evidence, explaining medical documents and helping create a medical file for the client. This kind of support can make or break a complicated trial. 

Legal Medical Consulting

There is no better expert witness nurse in Dallas, TX than those at Legal Medical Consulting. Dr. McNew and his team have the knowledge and experience to help you win your case. Give us a call or check out the website and see what we can do for you today. 

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