LNC STAT: Legal Nurse Blog

The Sacramento Business Journal reports that litigation trends are on the rise, according to a new survey by the law firm, Fulbright & Jaworski LLP. Thirty-four percent of United States' businesses participating in the survey expect litigation costs to rise significantly in the next year. The survey cites the "blame game" as the main cause for the increased amount of lawsuits. Individuals and companies that are experiencing economic difficulties may try to place the blame for the economy on others. The article states, "of the U.S. companies responding to the 2008 litigation trends survey, forty-five percent reported spending at least one million annually on litigation." Additionally, nineteen percent will probably increase their in-house litigation staff this year.

In the United States, it is estimated that there is a traumatic brain injury every fifteen seconds, and that over five million Americans currently suffer with symptoms from some type of brain injury. Sometimes these injuries result from catastrophic events, such as car accidents or slip and falls. At times, these injuries may be caused by the carelessness or negligence of an individual or a company. If these injuries are the basis of a lawsuit, the attorney working the case will probably not be able to accurately understand the medical reports.

An excellent example of this is the letter "K". To an attorney, this is shorthand for the word "contract". Furthermore, it can also mean "thousand," such as 10K means ten thousand dollars. To a nurse, this means potassium. An attorney would never catch this by reading a medical record, but a nurse would never miss it! Your nursing experience is critical to assist attorneys or other employers with medical legal cases.

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Remember the movie Braveheart? Mel Gibson and his fellow Scottish warriors were preparing for battle with blue face paint, hats with giant horns on them, and crazy hairstyles? Why were they doing this? They were attempting to be paper lions. Their appearance was used to try and scare off the enemy. A paper lion appears fierce and vicious from any distance. Moreover, his appearance alone may make you think twice about approaching him. You may even come to the conclusion that getting near this lion would be unadvisable, and decide on a different path. However, if a Legal Nurse stands up to this paper lion through case preparation, education, and experience he will fall like a house of cards.

In the legal realm where the attorney runs the show, you will find an abundance of these paper lions in every courthouse and law firm. These lions intimidate others in order to get the opposing side to back down and win the case for their clients. This intimidaton is usually used against other lawyers, witnesses, and expert witnesses. These paper lions will utilize a varity of intimidation tactics in order to succeed. Some of these tactics involve flaunting the pedigree of their law degree, bragging about their wins vs. losses, or showing up to a deposition in an Armani suit and an expensive car... The list goes on and on. Unfortunately, this is a part of the attorney trade. The American Bar Association's Rules of Professional Conduct stipulate the attorney must do everything they can (within the rules of professional responsibility) to advocate for their client. If an attorney does not do this, they open themselves up to criticism, reproach, or even punishment by the bar association. Also, the more an attorney wins, the more financially profitable it is for them. If they vigorously represent their client, the word will spread that this is the lawyer to have on your side.

How does this translate to the Legal Nurse? If a Legal Nurse wants to particiate in the legal realm they must be able to stand up to a paper lion. The Legal Nurse must show themselves to be credible, reputable, and worth their salt. They should exude professionalism and display their knowledge base on a daily basis. The best defense against one of these lions is for a Legal Nurse to know her case, know the medical principles upon which the case rests, and to be well prepared.

Legal Nurses should utilize their tools, such as SmartDraw or report writing, to create a work product that is clear and easy to understand. The credentials of Legal Nurses need to be current and recognized worldwide. When questioned, the Legal Nurse should respond with a succinct and well-thought out answer. If the Legal Nurse doesn't know the answer they should say "I do not know, but I will find out for you." Remember, there is no shame in not knowing. Attorneys don't know everything either, but they do know they can find answers to any question through quick research.

Once you get through the lion's exterior you will realize the only thing keeping this lion standing is flimsy paper. This interior makes the paper lion harmless and not threatening. A Legal Nurse's experience, education, credentials, and preparation will always defeat any paper lion encounterd in the wild.

The work product doctrine, as described by the Federal Rules of Civil Procedure (FRCP), ordinarily protects documents and tangible things that are prepared in anticipation of litigation or for trial by the attorney. Furthermore, the FRCP indicates the work-product doctrine includes any material prepared by persons other than the attorney, e.g. the Legal Nurse, as long as the materials were prepared with a real possibility of an impending litigation. Consequently, if an attorney hired you to write a report for a case that is in the early stages of litigation, that report will be protected by the work product doctrine.

If an outside party was able to view your work product because of your carelessness, the doctrine may be quashed and the opposing side then would be able to obtain it. For that reason alone, you should always safeguard your work product in a secure environment.