The Certified Legal Nurse Consultant – An Attorney’s Secret Weapon

The Tragedy

Late one Friday afternoon Susan, RN, BSN, CLNC received a call from an insurance defense attorney asking her to review a plaintiff’s medical records. On Monday morning, with the deposition just 24 hours away, the attorney sent Susan four volumes of medical records documenting ten years of the plaintiff’s medical history.

Here are the facts of the case:

1. The defendant had agreed to be the designated driver when she and a group of friends went out partying.

2. On the way home from the second bar the defendant driver, who had not been drinking, hit a tree.

3. Everyone except the plaintiff had on seat belts and walked away from the accident.

4. The unrestrained plaintiff suffered a fractured vertebra that was repaired surgically.

5. He claimed the injuries sustained in the accident totally disabled him and were the sole cause of his weakness, fatigue and inability to work.

Certified Legal Nurse Consultant’s Analysis Revealed a Very Different Picture

Few attorneys know how to read medical records or understand the terminology and subtleties of healthcare issues to achieve the best results for their clients. A Certified Legal Nurse Consultant bridges that gap in the attorney’s knowledge. While the attorney is the expert on legal issues, the CLNC® consultant is the expert on nursing, the healthcare system and its inner workings.

In this case, the Certified Legal Nurse Consultant’s grasp of the plaintiff’s pre-existing conditions enabled her to discover that his claims of injury were suspect. His extensive medical file revealed:

- He had a long history of HIV and had complained of fatigue on several occasions.

- Prior to the accident he was on AZT, Combivir and Bacofen. These medications have
numerous side effects, including weakness, fatigue, headaches, dizziness and muscle breakdown.

- He had chronic hepatitis, which also contributed to his weakness, fatigue and malaise.

- Because of the hepatitis, his treating doctor had documented that the plaintiff was not to drink. Yet his blood alcohol level was significantly elevated when he arrived at the emergency room following the accident.

Services Offered By Certified Legal Nurse Consultants That Help Attorneys

In addition to reviewing medical records, Certified Legal Nurse Consultants:

- Identify applicable standards of care

- Develop case chronologies and timelines

- Prepare summaries of the extent of injury or illness

- Conduct research on various case issues

- Locate expert witnesses

…and many other services.

In this case, Susan interpreted the records, prepared an in-depth review of the plaintiff’s pre-existing conditions, wrote deposition questions, attended the deposition and helped prepare the attorney for mediation.

The straightforward questions she proposed came directly from her basic nursing assessment skills. Despite their simplicity, the attorney considered them strokes of genius.

During deposition the plaintiff stated that prior to the accident he was fine and had no complaints. Armed with the Certified Legal Nurse Consultant’s report, the defense attorney was well prepared to dispute this testimony. He used her questions to draw out inconsistencies in the plaintiff’s story:

1. Describe the onset, location, duration and severity of your pain.

2. When did these symptoms start?

3. Did you have any of these problems before the accident?

Certified Legal Nurse Consultant Saved Defendant Millions of Dollars on Settlement

Mediation was set for the next day. The plaintiff attorney stated that his client was severely injured during this accident and the defendant was responsible. He demanded $5,000,000 from the defendant above the $500,000 policy limits.
In response, the defense attorney clearly related the plaintiff’s ongoing complaints to his long history of HIV and hepatitis, the side effects of his medications and his noncompliance with his physician’s orders. As Susan had discovered, these facts had been documented in the medical record long before the accident, and his complaints were therefore not solely the result of the accident.

At this point the plaintiff attorney blurted out, “This case has been in my office for two years, and this is the first time I’ve heard this information.” He obviously had not used the services of a Certified Legal Nurse consultant.

The case settled for $10,000, a pittance compared to the initial $5,000,000 demand. “It was extremely satisfying,” Susan commented, “knowing my nursing expertise helped the defendant save millions.”

The Certified Legal Nurse Consultant Is a Specialized Member of the Litigation Team

As in this case, a Certified Legal Nurse consultant’s professional contributions are often critical to achieving a fair and just outcome for all parties. They have consulted on cases as simple as a neck injury caused by an auto accident, as high-profile as the Rodney King case and as groundbreaking as Fen-Phen, Vioxx, silicone implants and toxic mold litigation.

Attorneys rely on Certified Legal Nurse Consultants for a variety of medical-related cases including medical malpractice, personal injury, products liability, toxic tort, workers’ compensation and criminal.

Susan lives in a rural area and works from home with attorneys from several states. Certified Legal Nurse Consultants practice all over the U.S. Wherever there are attorneys, CLNC® services are needed. According to the American Bar Association, 1,116,967 attorneys are in practice today. Approximately 25 percent of these attorneys deal with medical malpractice and personal injury cases and could use a Certified Legal Nurse Consultant as their secret weapon.

Additionally, Certified Legal Nurse Consultants provide healthcare expertise for insurance companies, utilization review firms, government agencies, private corporations and hospitals both as staff members and consultants.

Certified Legal Nurse Consultants regularly report earning fees of $150 per hour. The legal nurse consulting profession allows nurses many options for establishing a satisfying and profitable part-time or full-time consulting career.

Plan To Succeed With Information Product Creation: Why You Need To Split Your Process Up

One of the keys to succeeding in information product creation is to break the process up into discrete steps. This frequently isn’t an instinctive reaction for the typical information marketer. Especially on the internet where small sized learning products are the norm.

However, it is extremely important to your ultimate success. In fact, I would go so far as to say that if you don’t do this you probably won’t succeed… even when you are starting out let alone as you move forward.

Your product creation system should do this for you if only to help you to understand the overall task.

But why?

In this article, I’m going to ignore chunking and focus on the practical aspects. That’s not to say that chunking isn’t important. It is. It’s important to understanding and to learning the process. But while you can use the same chunks as you move forward, long term your focus needs to be on the operation of the system not the understanding of it. Unless of course you are constantly training new people!

So why is chunking important to long term use of the product creation process? (Yes, I know systems design uses a different term for this process but I’m not teaching you systems design. So I’m going to use the word learning content designers use.)

The first reason that having individual discrete tasks is important is one of schedule estimation. Frequently it is very difficult to estimate how long the total task of creating a product will take. After all, the size and type of the products matters as does the number of products in your product funnel. And those are just the most obvious elements. However, estimating a discrete task is often much easier. The total can then be estimated as the total of the discrete tasks.

Secondly, scheduling a large task can be problematic. However, by segmenting the task into a number of discrete tasks, you gain a much greater flexibility in scheduling. Not only that but as your business begins to add people you are able to schedule multiple people to the product creation.

Finally, segmenting a large task into smaller discrete tasks allows you to have much better control over the product creation. This affects two different areas — status and quality.

By segmenting your process into discrete tasks you are able to schedule and record the progress at much more detailed level. As a result you are more in control of the status of the product creation. You know what everyone is doing. When they should complete it. And how much it should cost. You also know exactly what has been done.

You also improve your overall quality. Instead of waiting until everything is done you can check quality as you go. This allows you to immediate react to low quality products without absorbing their costs. This means that you have less rework and your rework costs less. And if the product is not going to meet its quality requirement you will know about it in time to stop the development, change the requirement or fix the product.

A Simple Product Creation and Product Launching Formula

If you tried to think of people involved in product creation, who would come to mind? You may think of Edison, Franklin, or maybe Henry Ford. Would you ever think of yourself as someone who can create a quality product? Product creation is actually relatively easy and product launching is not that tough either! If you follow a few easy to understand steps, you could be starting the product creation and product launching process sooner than you think.

The first step in creating your information product is to know and understand your market. This can be very time-consuming, especially if you are unsure of what to do or where to look to know your market. Studying your niche market and understanding the buzz words and buying patterns can ease the process dramatically. Personally, I would recommend networking with someone who has had success in the niche market you are considering and learn from their results. If they are into product creation and not very business savvy expect some hesitation. If they only sell products and have nothing to do with product launching or product creation you may your first affiliate (sales person)! Something else you can use to find hot trends is with the Google Trends tool.

The second step is the product creation process. Take your niche market and brainstorm ideas and topics relating to it. There are a lot of product launching contests going on recently relating to a newly created internet marketing tool. There are so many aspects to the mentioned niche that literally, and unfortunately, anything can be considered an Internet Marketing tool. The reason that anyone can basically create an Internet Marketing tool is because of something called Private Label Rights products.

What I use private label rights products for, and highly recommend them in this specific manner, is to cure writer’s block especially when it is lingering. Many people base their entire product creation and product launching on a private label rights product. This is where you can start to shine and build a strong brand for yourself. If you set goals for yourself, short-term goals to be exact, you can see your product creation come into being much faster and there is a good chance with less revision needed. If you keep hitting time restraint road blocks; however there is nothing wrong with a slow and steady approach, you can consider outsourcing portions of your project. Outsourcing can be an extremely huge benefit or just as great of a disaster.

You can find someone to outsource work to at a freelance site such as Guru.com or eLance.com. When reviewing proposals it is almost mandatory you perform a background check on them as you are in essence hiring them. Doing a background check on freelancers is as easy as asking for samples of their work and reviewing feedback on the freelance site from previous customers. Depending on the size and requirements of your project this can add up to a decent sized investment, so caution is very important. One tip I always recommend to people looking to hire an individual is to ask them what they can provide you that no one else can. This simple question gives them a chance to “toot their own horn” and acknowledge where they feel most competent as far as their skill set.

The final portion of the product creation and product launching formula is the launch. This can literally make or break the effort, time, and maybe (if you invested) money you put in to your project. There are numerous aspects to product launching and although their relevance is debated in terms to their effect, experts agree all must be followed. The person in your field who you asked for product advice from can help you substantially if you have kept in touch. If not, the first thing you need to do is to create a visually appealing website with flawless design work.

I also mentioned outsourcing before, this is one aspect of product launching I have little strength in and I always outsource this portion. The website does not have to be large however the content (ad copy in Internet Marketing) must be stellar and as perfect as possible. This is where advertising knowledge or experience is beneficial. When the site is set up you now put a lead capture form on your website.

I put two lead capture pages on all products I create on the internet and is one of the best methods of getting a solid start when you are in the product launching stage. When you gain information from a prospect or someone looking to get paid for referring sales you are able to provide them updates or specials. Many people abuse their prospect or affiliate lists by in turn emailing them with a new product daily and I find the recommendations to be totally unrelated to their original need, problem, or interest.

Another stage in the product launching stage is creating a free report or demo version of your product to entice the product to sign up to your email list. Using proper follow up with this can help generate numerous sales for you. One thing you need to ensure is that your free product completely relates to your main product that you are looking to sell.

You are now ready to advertise your product launching to customers as well as the opportunity to sell for affiliates. This is the single aspect that many product creations and launches fail on. It is actually not entirely difficult. One thing you can do is write articles (and a good amount of them) on topics relating to your product. I am a huge advocate of giving a solution in forums. When you join a forum you are normally offered the opportunity to create a signature. In your signature, you should enter the link to your opt-in or lead capture page. When you respond to posts, you are advertising your opportunity.

It is not impossible to create a product and it does not have to take a long time. You need to setup a plan and stick to it. If you get stuck, look at similar and successful products to your own and try and see how they did it. When you sit down and brainstorm you will be surprised with what you can imagine.