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CLNC > Module 1 - The Role of the CLNC > Flashcards

Module 1 - The Role of the CLNC Flashcards

1
Q

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

A 
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
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2
Q

Medical/Nursing Malpractice Cases

A

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

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3
Q

Personal Injury Cases

A

Nonprofessional negligence

Auto injury, slip-and-fall

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4
Q

Products Liability Cases

A

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

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5
Q

Types of Products Liability Cases

A

Medical device/drug-related

Nonmedical device

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6
Q

Toxic Tort/Environmental Cases

A

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

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7
Q

Workers’ Compensation/Workplace Injury Cases

A

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.

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8
Q

Crime

A

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

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9
Q

Level of Proof for Civil Case

A

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

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10
Q

Level of Proof for Criminal Case

A

Proof beyond a reasonable doubt. (Unanimous jury.)

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11
Q

Criminal Case

A

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

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12
Q

Civil Case

A

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

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13
Q

Testifying Expert (TE)

A

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

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14
Q

Consulting Expert (CE)

A

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

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15
Q

CLNC Scope of Practice

A

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.

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16
Q

CE/TE - Screen or Investigate Cases for Merit

A

CE - Yes

TE - Yes

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17
Q

CE/TE - Define Applicable Standards of Care

A

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

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18
Q

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

A

Med-Mal Only
CE - Yes
TE - Nursing Only

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19
Q

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

A

CE - Yes

TE - Nursing Only

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20
Q

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

A

CE - Yes

TE - Nursing Only

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21
Q

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

A

CE - Yes

TE - Yes

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22
Q

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

A

CE - Yes

TE - Yes

23
Q

CE/TE - Identify and recommend potential defendants.

A

Med-Mal Only
CE - Yes
TE - Yes

24
Q

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

A

CE - Yes

TE - Only to support testimony

25
Q

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

A

CE - Yes

TE - Yes

26
Q

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

A

CE - Yes

TE - Yes

27
Q

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

A

CE - Yes

TE - Yes

28
Q

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

A

CE - Yes

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

29
Q

CE/TE - Consult with healthcare providers.

A

CE - Yes

TE - Rarely

30
Q

CE/TE - Identify types of testifying experts needed.

A

CE - Yes

TE - Yes

31
Q

CE/TE - Locate and interface with expert witnesses.

A

CE - Yes

TE - Less Common

32
Q

CE/TE - Communicate with potential testifying experts.

A

CE - Yes

TE - No

33
Q

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

A

CE - Yes

TE - Yes

34
Q

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

A

CE - Yes

TE - Rarely

35
Q

CE/TE - Prepare interrogatories.

A

CE - Yes

TE - Verbally Only

36
Q

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

A

CE - Yes

TE - Review, Yes

37
Q

CE/TE - Assist in exhibit preparation.

A

CE - Yes

TE - Yes

38
Q

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

A

CE - Yes

TE - Verbally Only

39
Q

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

A

CE - Yes

TE - Yes

40
Q

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

A

CE - Yes

TE - Only Own

41
Q

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

A

CE - Yes

TE - No

42
Q

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

A

CE - Yes

TE - Brief only, no study tools

43
Q

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

A

CE - Yes

TE - Yes

44
Q

CE/TE - Develop life care plans.

A

CE - No

TE - Yes

45
Q

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

A

CE - Yes

TE - No

46
Q

Life Care Plans

A

Estimated cost and amount of future care required.

47
Q

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.

A

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

48
Q

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

a. CE only

49
Q

The CE’s work product is:

a. Generally not discoverable.
b. Generally discoverable.
c. Never discoverable.
d. Always discoverable.

A

a. Generally not discoverable.

50
Q

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.

A

b. Steady income and benefits.

51
Q

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

a. Brief and speak to nursing issues only.

52
Q

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.

A

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

53
Q

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.

A

b. Educating the attorney-client.

CLNC (11 decks)

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