THE JERK LNC FLASH OF THE WEEK
This week, I’m discussing some of the legal and ethical issues a Legal Nurse Consultant (LNC) has to deal with on a regular basis. Please read on to enjoy a sampling of what we learn by being involved in a close-knit group of legal nurse consultants. The J.E.R.K. LNC members learn & share something new & exciting every week!
There are many different situations an LNC could find herself in that might
endanger her career. When specifically dealing with liability, the LNC
should be aware of the theories that can be used against her, and how to
avoid them completely.
To begin with, the major theories are malpractice cause of action,
unauthorized practice of law, breach of contract cause of action, fraud,
misrepresentation, breach of warranty, disciplinary action by a state board
of nursing, and others. Each of these theories of liability can be advanced
against the LNC, so it’s important to be cautious of when the LNC is
accountable for her actions.
For instance, in the case of malpractice cause of action, the LNC is
accountable for her actions AT ALL TIMES. This is important to remember
because the plaintiff must prove four elements against the defendant LNC :
Duty, Breach of Duty, Damages, and Causation.
Beginning with duty, the plaintiff must first prove that the LNC has a duty
that goes by a specific standard of conduct. The courts typically ask
themselves., “Was there a relationship between the plaintiff and defendant
LNC at the time of the incident, and did it make the basis of the lawsuit?”
If yes, then the defendant LNC has a responsibility to the plaintiff to
conduct herself prudently. (more…)
