Module 1 - The Role of the CLNC Flashcards by Sarah Pelfrey

Seven types of cases on which CLNC are qualified to consult.

Medical/Nursing Malpractice
Personal Injury
Products Liability
Toxic Tort/Environmental
Workers' Comp/Workplace Injury
Criminal
Any case where health, illness, or injury is an issue

How well did you know this?

Not at all

Perfectly

Medical/Nursing Malpractice Cases

Cases involving the professional negligence of a healthcare provider, facility, learning institution, or facility decision-maker.

How well did you know this?

Not at all

Perfectly

Personal Injury Cases

Nonprofessional negligence

Auto injury, slip-and-fall

How well did you know this?

Not at all

Perfectly

Products Liability Cases

All claims brought for PI, death, or property damage caused by a product.

How well did you know this?

Not at all

Perfectly

Types of Products Liability Cases

Medical device/drug-related

Nonmedical device

How well did you know this?

Not at all

Perfectly

Toxic Tort/Environmental Cases

Alleged damages or injuries caused by the release of toxins into the environment.

How well did you know this?

Not at all

Perfectly

Workers’ Compensation/Workplace Injury Cases

Cases involving job-related injuries. Claimant must show that he suffered an impairment or incapacity that rendered him unable to earn the wages he was being paid when he sustained the injury.

How well did you know this?

Not at all

Perfectly

Crime

Any act that society has deemed contrary to the public good.

How well did you know this?

Not at all

Perfectly

Level of Proof for Civil Case

Proof by a preponderance of the evidence.(Majority of jurors.)

How well did you know this?

Not at all

Perfectly

Level of Proof for Criminal Case

Proof beyond a reasonable doubt. (Unanimous jury.)

How well did you know this?

Not at all

Perfectly

Criminal Case

Actions deemed against all of society, violating the peace and tranquility of the community.

How well did you know this?

Not at all

Perfectly

Civil Case

Actions personal in nature, cause individual harm, personal injury, or property damage resulting in monetary damages.

How well did you know this?

Not at all

Perfectly

Testifying Expert (TE)

Testifies at deposition or trial.
Testimony limited to areas of professional expertise.
Work product is discoverable.

How well did you know this?

Not at all

Perfectly

Consulting Expert (CE)

Consults behind the scenes to prep and develop case.
No scope limitations.
Work product is not discoverable.

How well did you know this?

Not at all

Perfectly

CLNC Scope of Practice

The CLNC provides medical and nursing opinions as the expert on health, illness, and injury and on the inner workings of the healthcare system. Major role is to educate attorney.

How well did you know this?

Not at all

Perfectly

CE/TE - Screen or Investigate Cases for Merit

CE - Yes

TE - Yes

How well did you know this?

Not at all

Perfectly

CE/TE - Define Applicable Standards of Care

Med-Mal Only
CE - All Disciplines
TE - Nursing Only

How well did you know this?

Not at all

Perfectly

CE/TE - Define deviations from and adherence to the applicable standards of care.

Med-Mal Only
CE - Yes
TE - Nursing Only

How well did you know this?

Not at all

Perfectly

CE/TE - Assesses the alleged damages and/or injuries.

CE - Yes

TE - Nursing Only

How well did you know this?

Not at all

Perfectly

CE/TE - Identify factors that caused or contributed to the alleged damages and/or injuries

CE - Yes

TE - Nursing Only

How well did you know this?

Not at all

Perfectly

CE/TE - Organize, tab, and paginate medical records.

CE - Yes

TE - Yes

How well did you know this?

Not at all

Perfectly

CE/TE - Summarize, translate, and interpret medical records.

CE - Yes

TE - Yes

CE/TE - Identify and recommend potential defendants.

Med-Mal Only
CE - Yes
TE - Yes

CE/TE - Conduct literature searches and integrate the lit and standards/guidelines into the case analysis.

CE - Yes

TE - Only to support testimony

CE/TE - Research and analyze the validity and reliability of research studies relied on by all parties

CE - Yes | TE - Yes

CE/TE - Identify and review relevant medical records, hospital policies and procedures, and other essential documents and tangible items.

CE - Yes | TE - Yes

CE/TE - Expand the attorney's medical library.

CE - Yes | TE - Yes

CE/TE - Interview clients, key witnesses, and experts.

CE - Yes | TE - No, except subsequent treating providers and life care planners.

CE/TE - Consult with healthcare providers.

CE - Yes | TE - Rarely

CE/TE - Identify types of testifying experts needed.

CE - Yes | TE - Yes

CE/TE - Locate and interface with expert witnesses.

CE - Yes | TE - Less Common

CE/TE - Communicate with potential testifying experts.

CE - Yes | TE - No

CE/TE - Analyze and compare expert witness reports and other work products.

CE - Yes | TE - Yes

CE/TE - Serve as a liaison between the attorney and healthcare providers, etc.

CE - Yes | TE - Rarely

CE/TE - Prepare interrogatories.

CE - Yes | TE - Verbally Only

CE/TE - Review and draft responses to various legal documents and correspondence.

CE - Yes | TE - Review, Yes

CE/TE - Assist in exhibit preparation.

CE - Yes | TE - Yes

CE/TE - Prepare deposition questions (cross or direct).

CE - Yes | TE - Verbally Only

CE/TE - Review, analyze, and summarize depositions, including past testimony

CE - Yes | TE - Yes

CE/TE - Attend depositions, trials, review panels, arbitration, and mediation hearings.

CE - Yes | TE - Only Own

CE/TE - Help prepare witnesses and experts for deposition and trial.

CE - Yes | TE - No

CE/TE - Develop written reports for use as study tools by the attorney.

CE - Yes | TE - Brief only, no study tools

CE/TE - Coordinate and attend independent medical examinations (IMEs).

CE - Yes | TE - Yes

CE/TE - Develop life care plans.

CE - No | TE - Yes

CE/TE - Coordinate and assist in facilitating focus groups and mock trials.

CE - Yes | TE - No

Life Care Plans

Estimated cost and amount of future care required.

A fundamental difference between the TE and CT is that the: a. TE is an advocate and the CE is not. b. TE's educational role is broader than the CE's. c. TE testifies to her opinion while the CE is the "behind-the-scenes" consultant. d. Only difference is that the TE testifies and the CE does not.

c. TE testifies to her opinion while the CE is the "behind-the-scenes" consultant.

In your written report it is important to address both strengths and weaknesses of the case if you are a: a. CE only b. TE only c. CE or TE d. You should never address weaknesses of the case.

a. CE only

The CE's work product is: a. Generally not discoverable. b. Generally discoverable. c. Never discoverable. d. Always discoverable.

a. Generally not discoverable.

Which of the following is an advantage of an in-house CLNC versus being independent? a. Autonomy b. Steady income and benefits. c. Flexibility and control over career. d. Maintaining a connection to the healthcare system.

b. Steady income and benefits.

The nurse expert witness's report should be: a. Brief and speak to nursing issues only. b. Brief and speak to nursing and medical issues. c. Comprehensive and speak to nursing issues only. d. Comprehensive and speak to nursing and medical issues.

a. Brief and speak to nursing issues only.

The CE educates the: a. Attorney-client. b. Attorney-client, opposing side, jury, plaintiff, or defendant. c. Attorney-client and the opposing side. d. Attorney-client and jury.

b. Attorney-client, opposing side, jury, plaintiff, or defendant.

Which of the following is the primary role of the CLNC? a. Discuss weaknesses with the opposing attorney. b. Educating the attorney-client. c. Testifying to the standard of care. d. Writing comprehensive reports.

b. Educating the attorney-client.