If you are a medical malpractice attorney handling cases on a contingency fee basis, employing a Legal Nurse Consultant (LNC) to review potential clients’ medical records before accepting a case is essential. An experienced LNCs merit report provides crucial information for determining the viability of a case. If you receive numerous inquiries from potential clients daily, a LNC can help streamline your case selection process. Most successful medical malpractice attorneys rely on LNCs, and if you are starting, it is time to follow suit.
The Legal Nurse Consultant Merit Report
Once you identify a promising case, the next step is to engage a LNC to obtain all relevant medical records. The LNC will then meticulously review these documents to determine if there has been a deviation from the standard of care by any medical professional involved in the patient’s care, such as doctors, nurses, physician assistants, or physical therapists. For instance, if a client claims they experienced a heart attack after being discharged from the emergency room with a heartburn diagnosis, the merit report will examine whether the hospital failed to diagnose and treat the impending heart attack by reviewing the patient’s symptoms, ordered tests, and recommended follow-up. The merit report will also assess the follow-up treatment to determine if the harm caused by the misdiagnosis justifies pursuing a malpractice case.
The Value of Legal Nurse Consultant Reports in Medical Malpractice Litigation
Experienced medical malpractice attorneys understand that cases rarely settle without substantial litigation, and LNCs can be invaluable in document preparation. They excel at organizing and analyzing medical records for detailed statements of claim, discovery exchanges, and drafting or defending motions, easing the workload for your office. For instance, when a motion to dismiss is filed, a LNCs report can quickly provide the basis for the defense and locate supporting exhibits. LNCs can be engaged at any point in a case to update the analysis and report, incorporating current medical reports that may bolster or weaken your case, ensuring you are always prepared. Being aware of your case’s weaknesses enables you to develop responses ahead of time.
Legal Nurse Consultant vs. Paralegal/Legal Assistant
Many medical malpractice attorneys employ paralegals or legal assistants to handle medical report acquisition, review, and analysis throughout a case. While they may or may not have a medical background and can perform adequately with sufficient training, LNCs are better equipped for these tasks than paralegals or legal assistants. They often possess a deeper understanding of medical reports and data in malpractice cases. Additionally, hiring a LNC is cost-effective, as they are only paid for the work they complete. Therefore, the answer to whether a LNC is necessary for a medical malpractice case is a resounding “Yes.”