How Legal Nurse Consultants Support Personal Injury Claims

What is a legal nurse consultant?

A serious accident can change your life in an instant, leaving you not only to recover from your injuries but also to navigate a complicated legal process. 

It can feel strange to turn to the legal system when so much of your situation revolves around medical issues—like understanding your injuries, their impact on your future, and calculating your medical expenses. 

This is where legal nurse consultants come in, bridging the gap between medical details and legal needs.

What is a legal nurse consultant?

Legal nurse consultants (sometimes called “LNCs” or simply “legal nurses”) are registered nurses who use their medical expertise to advise legal professionals on complex medical cases. 

While legal nurses perform a wide range of duties, their primary goal is to ensure that you and your attorney fully understand the medical aspects of your case.

Legal nurse consultant demographics

What does a legal nurse consultant do?

Legal nurse consultants offer a wide range of services to support both plaintiffs and their lawyers in legal cases involving medical issues.

"Legal nurses play a unique and vital role in the legal process. While we don’t provide legal advice (like an attorney), we serve as a bridge between medicine and law. Our role is to educate lawyers on the medical facts found in the records and provide opinions within our scope of practice.” - Megan Allen

Here’s a closer look at some of the specific roles legal nurses perform:

1. Accurate review of medical records
   
   Legal nurse consultants meticulously analyze medical records, hospital charts, and other relevant documents. They do this for several reasons. For instance, they are trained to spot inconsistencies, identify missing records, and piece together a patient’s medical history, treatments, and outcomes. This thorough review helps attorneys determine the strength of a claim, understand the extent of injuries, and pinpoint key medical issues that could affect the case's outcome.
   
   Megan shares an example from her experience, where an initial review of medical records was done by someone without a healthcare background. Megan was asked to conduct a second review and provide a detailed report for the attorney before he deposed the defendant.
   
   “Upon my review, I found a small but vital detail buried in records that initially looked insignificant," explained Megan. "However, upon further digging, critical information was contained in these records that helped prove our stance on the case. When this fact was brought up in the deposition, the provider admitted it was something that should not have been overlooked at the time. Neither the individual who completed the initial review nor the expert witness physician noted this detail.”
2. Determining the legal cause of injury
   
   In almost every type of personal injury case, proving causation is essential. This means showing that the defendant’s actions or inactions were the actual cause of the injury. Legal nurse consultants play a key role in establishing this link.
   
   By carefully analyzing medical records, test results, and physician notes, LNCs work to connect the dots between the injury and the event that caused it. Their analysis helps attorneys identify potential weaknesses or gaps in the causation argument, making it easier to build a solid case. This role is especially important in medical malpractice cases, where proving that a healthcare provider’s actions directly caused the injury can be challenging.
3. Advising on the standard of care
   
   To establish a medical malpractice claim, two key elements must usually be proven:
   
   1. The healthcare professional failed to exercise the degree of care and skill expected of a reasonable healthcare professional in the same position, and
   2. Such failure was the proximate cause of your injury.
   
   Because medical treatments are highly technical, expert testimony is often needed to assess whether the healthcare provider's actions met the required standard of care. LNCs use their clinical expertise to determine if this standard was met. They evaluate the actions of healthcare providers against established practices and guidelines, identifying any deviations that could be considered negligent.
4. Assessing damages
   
   Understanding the extent of injuries and their long-term impact on a plaintiff’s life is important for determining the appropriate compensation. LNCs evaluate the severity of injuries, the need for ongoing medical care, and the potential for future complications. They provide attorneys with insights into the cost of care and the plaintiff's daily challenges, helping to estimate the full scope of damages. This information is vital in both settlement negotiations and trial proceedings.
   
   As Megan explains, “there are legal nurse consultants who are specially trained and certified to provide life care plans and medical cost projection services. These nurses review the medical records to identify the residual medical conditions and ongoing care requirements of an injured individual. They also determine the future cost of medical services related to the injuries sustained. This is one way to help determine the value of an injury claim.”
5. Conducting case research and medical literature review
   
   LNCs review medical literature, studies, and clinical guidelines to support the legal argument and provide context for expert testimonies. This research can help attorneys better understand the medical aspects of the case and anticipate arguments from the opposing side, making it easier to prepare for depositions and court appearances.
6. Coordinating expert witnesses
   
   Legal nurse consultants are often responsible for identifying and coordinating with expert witnesses who may testify in a case. They find suitable medical experts, ensure they are well-prepared to provide testimony, and help attorneys understand the medical terminology and concepts that might arise during the expert’s deposition or trial testimony. 
7. Preparing pleadings, motions, and other trial documents
   
   LNCs may assist in drafting and reviewing sections of legal documents like pleadings, motions, and interrogatories that involve medical issues. They ensure that medical terminology is used accurately and that the legal arguments are supported by relevant medical facts. 
8. Assisting with settlement or demand packages
   
   When it comes time to negotiate settlements, LNCs play a key role in preparing demand packages that summarize the medical facts, injuries, and impact on the plaintiff's life. They ensure that the settlement demand includes detailed medical costs, future care needs, and calculations for pain and suffering.
9. Preparing witnesses
   
   LNCs work closely with witnesses, including the plaintiff, to prepare them for depositions or court appearances. They help witnesses understand complex medical terms and concepts so they can communicate effectively during questioning. 
10. Helping make plaintiffs feel more comfortable
    
    Legal nurse consultants often provide guidance to plaintiffs about what to expect during the legal process, especially when medical issues are involved. They can explain medical procedures or anticipated questions in a way that is easy to understand, which can reduce anxiety. This support helps plaintiffs feel more prepared and ensures that they can present their case effectively during depositions or trials.

How does one become a legal nurse consultant?

Becoming a legal nurse consultant requires a combination of nursing education, clinical experience, and specialized training in the legal field. Most LNCs start by earning a nursing degree, such as an Associate Degree in Nursing (ADN) or a Bachelor of Science in Nursing (BSN). After completing their degree, prospective LNCs must pass the NCLEX-RN exam to obtain licensure as a registered nurse (RN). 

Once licensed, gaining several years of clinical experience is essential. This experience helps LNCs apply their knowledge in real-world patient care settings, such as hospitals or outpatient facilities, and develops the expertise needed to understand complex medical records and treatments. Some LNCs further differentiate themselves by pursuing advanced degrees, such as a master’s degree in nursing or a post-master’s certificate in forensic nursing.

Certification as a legal nurse consultant is not mandatory, but it can enhance a nurse’s credibility. Many LNCs pursue the Legal Nurse Consultant Certified (LNCC) credential, which demonstrates that they have met certain educational and experiential standards. 

Successful LNCs tend to possess personal qualities that make them effective in their roles, such as strong communication skills, attention to detail, a thorough understanding of medical and legal terminology, and compassion for the injured.

What types of cases do legal nurse consultants typically work on?

Legal nurse consultants work on a variety of cases involving medical issues. Common cases include:

• Personal injury: Claims that arise when a person is injured due to someone else’s negligence, such as in car accidents, slip-and-fall incidents, or other accidents.
• Medical malpractice: Cases where a healthcare provider is accused of failing to meet the standard of care, resulting in harm to a patient.
• Workers' compensation: Claims made by employees who are injured or become ill as a result of their job and seek compensation for medical treatment and lost wages.
• Product liability: Cases involving injuries caused by defective or unsafe products, including medical devices or pharmaceuticals.
• Elder abuse and nursing home cases: Cases that focus on the neglect, abuse, or inadequate care of residents in nursing homes or long-term care facilities.

Who decides whether a legal nurse consultant will work on your case?

The decision to involve a legal nurse consultant (LNC) typically rests with the attorney handling your case. Attorneys often bring in an LNC when the case involves complex medical issues that require specialized knowledge. Factors such as the severity of the injuries, the complexity of the medical records, and the need for expert testimony may influence the decision to hire an LNC.

If your attorney decides to hire a legal nurse consultant, you might work with them a lot or very little, depending on the needs of your case. As Megan explains, “In some instances, the legal nurse may never speak with the injury victim. But rest assured, we are working our magic behind the scenes. We will review your medical records and help the attorney understand the nuances of the key medical aspects and the medical care received to help bolster the case.”

In other situations, the legal nurse may interact directly with you. This could include gathering more information about your medical history, identifying which providers you saw before and after the injury, or creating a detailed timeline of events. In cases like medical malpractice, the LNC might also ask why you believe the care you received was improper. They may also want to understand how your injuries have affected you long-term, such as impacts on your ability to work.

Who pays a legal nurse consultant?

In most cases, the attorney who hires the LNC is responsible for covering their fees. Depending on the arrangement, these costs may be passed on to the client as part of the overall legal fees, especially in personal injury cases where fees are typically contingent on the outcome. The specifics of payment can vary based on the case type, the complexity of the medical issues, and the agreement between the consultant and the attorney. 

If you have any questions about how an LNC's fees will be handled, you should feel comfortable asking your attorney for clarification—they can provide a detailed explanation of how costs are managed in your specific case.

How can I help my legal nurse consultant do their job?

If you’re a plaintiff working with a legal nurse consultant, there are ways you can assist in their work:

• Provide complete medical records: Ensure that your legal team has all relevant medical documentation, including doctor’s notes, treatment records, and test results.
• Communicate clearly: Be honest and thorough when discussing your medical history and the impact of your injuries.
• Follow up with appointments: Attend all medical appointments and treatments, as this ensures an accurate record of your recovery process.
• Ask questions: Don’t hesitate to ask your LNC to explain medical terms or concepts that you don’t understand, so you can better prepare for depositions or court appearances.

As Megan explains, “one of the most important factors when reviewing a case is having all the relevant and appropriate medical records. It helps when an injury victim can provide a list of all healthcare providers they have seen and the dates of treatment. This includes treatment from all doctors (primary care, specialists), hospital visits, ED/urgent care visits, nursing care, physical therapy, chiropractic therapy, etc.”

Looking for an easy way to keep track of your medical records and the impact of your injury on your day-to-day activities? The following resources can help:

Legal nurse consultants bring a unique blend of medical and legal expertise to the table, helping attorneys navigate the complexities of cases that involve medical issues. From reviewing medical records to coordinating expert witnesses, their role is vital in achieving fair outcomes for plaintiffs. If you believe a legal nurse consultant might be necessary for your case, consult with your attorney to explore this valuable resource.