Explore the principles and practice of legal nurse consulting and prepare to get started. Experienced LNCs will discuss lawsuit processes, research, practice areas, medical record review and business principles.

Neonatal transport is a specialized care delivery system that is multi-disciplinary and multi-dimensional and can be very complex logistically. This workshop will address the two major concerns related to Neonatal Transport, the safety of the patient and the team performing the transport. The topics related to patient and team safety will include: Definitions, types of errors, basic care revisited, such as Neonatal Resuscitation Program and S.T.A.B.L.E. Transport Education Program, American Academy of Pediatric Guidelines for Air and Ground Transport of Neonatal and Pediatric Patients, team composition, types of transport teams and indicators for successful/ unsuccessful transport systems. These include driving, lights and sirens, dedicated team, vehicles and equipment, securing baby and staff inside the carrier/ambulance, ambulance standards, accrediting agencies, and reporting of ambulance accidents/mishaps/near miss versus air. Case presentations will also be included.

The United States believes in the concept of incarceration. The number of individuals per hundred thousand our country locks up in jails or prisons continues to be the highest in the world, almost five times higher than most European countries. The end result is that there are over 2.1 million individuals incarcerated on any given day in this country. This does not include the many millions more who rotate in-and-out of the criminal justice system through the revolving door. This workshop will explore the world of correctional healthcare. What happens to people while they are incarcerated? How do they get healthcare? Are there quality of care issues? How are services obtained? Who provides them? Who provides oversight? What recourse does an inmate or their family have if healthcare is inappropriate? How do you determine the credibility of the accusations brought by an inmate or their family? How does deliberate indifference compare to medical negligence?

This workshop focuses on the independent practicing legal nurse consultant who wants to provide attorneys a case review and expert witness testimony. The workshop will focus on how a new LNC would review a medical malpractice case from both the plaintiff and defense standpoint for an attorney to determine breaches in the standard of care, how those lapses affected patient care and if the case has merit to pursue. In addition to case review, the presentation will take the process a step further and assist the class participant in providing expert witness testimony. A review of key legal concepts will also be covered and participants will work on an actual case. This is an interactive class that will require participants to be involved in writing deposition questions and a mock deposition.

Each participant is encouraged to bring a yellow ruled, legal pad of paper and two colored pens to the presentation.

Testifying as a standard of care expert in nursing or preparing your client for his/her deposition or courtroom appearance involves not only a thorough review of the facts of the case, but the ability to recognize and respond to trick questions. While you have spent decades becoming proficient in your areas of specialty, attorneys have spent years learning how to phrase questions designed to elicit admissions and concessions, or to make you look foolish or unqualified. This workshop is designed to teach you to develop "Active Listening" skills you can use to recognize improper or poorly formed questions, and to permit you to practice responding to these questions through interactive discussions and small group demonstrations in a safe, supportive setting. You will also review the rules of evidence and civil procedure which control discovery requests and provide for limiting and quashing abusive discovery requests.

Attendees should bring copies of transcripts and/or lists of troublesome questions they have encountered to the workshop for examination, commentary, and assistance in formulating responses.

Tracy Albee and Barbara Christensen will share an actual case of a medical malpractice claim in which a brain injured attorney required a life care plan in order to negotiate the worth of his medical damages. These life care planners were working on opposite sides of this litigation and will share how the plaintiff and the defense approaches to their life care planning practices were similar and how they were different. Since the life care planners follow a similar standard of practice the case was able to settle quickly to benefit both parties.

Thursday, March 23

Steven Benvenisti, Esq., a partner in the law firm of Davis, Saperstein & Solomon, located in New Jersey and New York, will discuss a catastrophic case he handled. This dramatic case has been shared with hundreds of audiences throughout the country, and has been featured on television and radio. The title, The Most Significant Case of My Entire Career, is a remarkable, must-hear story. Mr. Benvenisti is a leading speaker for national organizations leading the fight against drunk driving. He is the recipient of many awards, particularly for the work and support he has rendered on behalf of the victims of catastrophic injury and traumatic brain injury.

The fear of dramatically reduced case volume became a reality for Florida legal nurse consultants when three medical malpractice-related constitutional amendments passed. Overnight, in-house LNC positions were eliminated or LNCs were asked to transition to independent practices with no promise of a continued influx of business and benefits. For some independent LNCs, business came to a dead halt. Analyzing the market to determine whether enough potential business exists is an action every LNC must take when getting started and on an ongoing basis. Understanding the impact of legislative changes as part of the market analysis could mean the difference between flourishing or going under. The speaker will demonstrate how Florida LNCs survived when legislative changes negatively affected their business.

This session will begin with the history and purpose of the FDA Medical Device Reporting Requirements for manufacturers as well as user facilities. There will be an overview of what constitutes a medical device event and the importance of clinical staff recognizing these events. Staff needs to know what steps to take in regard to the proper sequestering of involved devices, including all of the components as well as identifying and securing other devices or drugs/solutions that may have been used in conjunction with the device. Investigation of the event could involve staff in several key areas. It may be determined at some point that an independent evaluation may be required through an outside agency. Current issues with patients bringing in their own personal equipment will be discussed and what steps should be taken to protect the user facility from potential liability. LNCs can play a major role in the evaluation of these cases and assisting counsel with their knowledge of the regulations and review of all related documents.

This session will introduce the legal nurse consultant to a new breed of expert, the certified forensic chiropractic examiner, to assist in medical-legal matters such as workers' compensation and personal injury cases. The presentation is designed to detail the training and expertise of the chiropractic forensic professional and their ability to offer expert opinions on a variety of issues including causation, proper chiropractic treatment protocols, soft tissue injuries, outcome assessment measures, diagnosis, prognosis and permanency.

Being successful is a dream we all have. Making that dream happen ... you can! This presentation will allow the attendee to expand his/her thinking into successful actions.

Medical-Legal consultants have a unique challenge when asked to review emergency department medical records. Emergency treatment can be difficult to assess and documentation may be illegible, absent, delayed or conflicting. Sorting through what actually happened or did not happen in the ER may be a difficult task. A discussion concerning review techniques and guidelines in this endeavor will be hosted by a veteran emergency physician who has been active in emergency case evaluations for almost ten years.

Along with nursing home litigation, assisted living cases are on the rise. As more of our aging population move into these settings for help with basic needs, the line between nursing home care and assisted living care is starting to blur. What are the risks associated with giving care in these settings, and why are some facilities experiencing rapid turnover of nurses? An experienced legal nurse consultant and attorney bring you through the doors of assisted living and expose the liability issues.

This session will be presented in case presentation format. The case involves an individual severely injured in an auto accident who is transferred from an acute care facility to a rehabilitation facility for continued care and treatment. While at the rehab facility, the patient develops a pulmonary embolism and dies. The litigation changes from personal injury of the driver of the other car to the alleged medical malpractice of the rehab facility due to negligent care of the staff and physicians.

Many Medical-Legal cases involve injury or death associated with the ingestion of drugs. The drugs may have been prescribed by a physician or bought "on the street" for illicit or recreational purposes. Both urine and blood drug test results may be available to aid the legal nurse consultant in determining what happened. In these instances it is important that the case reviewer be familiar with the standards of care for interpreting the test results. In particular, blood samples obtained after death can be especially difficult to interpret due to post-mortem redistribution and incomplete data regarding the site of sampling (i.e., cardiac vs. peripheral blood), preservation and storage conditions of the sample. This session will describe the generally accepted pharmacologic principles a reviewer must be familiar with in order to properly interpret blood and urine drug test results. Attendees also will acquire an understanding of the strengths and weaknesses of "screening tests" and "confirmatory tests." The session will conclude with Dr. Benjamin leading the audience in an interactive and educational review of actual forensic cases.

The session will provide the legal nurse consultant with education regarding the LNC's role in assisting defense counsel in criminal cases. This will be accomplished by presenting a recent case involving a mother and father accused of murder when their meth lab caught fire injuring their two-year-old son - the son later died. The speaker will walk the legal nurse consultant through the process of case review, analysis and presentation. It will also discuss methamphetamine addiction and its impact on this particular case and the current legal system in Georgia, in particular on the Lookout Mtn. Judicial District.

This session will address the specific life care needs of the elderly client who may be injured or disabled as a result of an accident or incident. The speaker will address the common types of injury that may be sustained and the effects of aging and chronic health conditions on disability status and how they affect life care planning for these invididuals. Specific recommendations will be discussed such as evaluations, therapies, equipment, physician specialities and living alternatives such as home care and assisted living, as well as community resources.

The session will focus on litigation consulting, which includes three primary solution areas: Visual strategy consulting, presentation production and trial support. At the most basic level, the presentation will demonstrate how litigation consultants help the legal community optimize their evidence and expert testimony through the creation of compelling visual presentations - ultimately, the goal is to help attorneys win cases. The speaker will showcase the use of visual strategies throughout the lifecycle of litigation and will reinforce the prevailing attitude that the value of the most effective solutions is realized during the earlier stages of litigation including: Daubert hearings, settlement discussions, summary judgment, mediation, arbitration, or through the hearing phase of a matter.

• Forensic Nursing: An LNC Role
  Lynda Kopishke, MSN RN LNCC
• So You Don't Qualify to Be an Expert? Think Again.
  Dorothy Pollock, BS D RN
• Personal Injury Case Review
  Mindy Cohen, MSN RN LNCC
• Introduction to the In-House Role
  Madeline Good, MSN RN LNCC
• Improving Medical Record Review & Analysis per Standards of Care
  Ginger Varca, BA RN
• Preparing for Your Expert Deposition
  Barbara Levin, BSN RN ONC LNCC
• Medical Research for Standards of Care and Defense Strategies
  Suzanne Langroth, BSN RN LNCC
• Chronologies 101
  Jane Mihalich, BSN RN LNCC

This session will cover a forensic case that involved complex medical issues. The defendant spent three years in jail awaiting trial prior to being exonerated by a unanimous jury verdict of not guilty. Included in the presentation are effective trial strategies, the legal nurse consultant role in preparing the case and the importance of preparation and effective use of expert witnesses.

Vendor presentations offer additional learning opportunities about products and services.

This session is a great opportunity for attendees to ask ALNCCB members questions about the LNCC exam or re-certification. Additionally, learn test-taking strategies from Peg Garbin, president of the Center for Nursing Education and Testing (C-Net). Dr. Garbin will help attendees identify methods to prepare physically and mentally for the LNCC exam. She will also review strategies to analyze test questions and select the correct answer.

Wound care cases present several unique issues in litigation. The damages are usually high, the jury is all but guaranteed to have sympathy for the injured party and the medicine is complex. However, we defend these cases like any other case and they provide an excellent backdrop to teach practitioners how to defend their care and survive a lawsuit.

How can local AALNC chapters increase the number and variety of leadership opportunities for members? What is needed to increase membership's understanding of the value of active involvement in the organization? How does the current leadership ensure that a pool of trained leaders is available at all levels of the organization? Leadership through community service creates opportunities for legal nurse consultants to develop and practice leadership skills and use their skills to solve problems. It allows them to define community and to assess community needs. Service leadership enables LNCs to understand the concept of stewardship and ownership of their chapter. Leadership through community service also encourages LNCs to become altruistic leaders by providing opportunities for volunteerism. Using the S-P-I-R-I-T formula, the Greater Orlando Chapter collaborated with their local Bar Association and developed a Mentorship Program. These distinguished business and community leaders serve as both mentors and guest lecturers.

This is an introductory session on how to understand ICD-9 codes, CPT coding and calculations of liens. The attorney, plaintiff or defense need to have an accurate calculation for the medical billing to assist them in establishing the value of their case. The second part of this session is focused on understanding that the law regarding the subrogation rights of third party payors is an important function of the process of placing a dollar value on the case. This is only a brief introduction to the very basics of medical billing and subrogation.

In areas of medically related litigation, it is important to obtain expert review appropriate to the case issues. There may be times when the expert needed is not a physician. The expert should be uniquely qualified to address pertinent issues and appropriately tasked within his or her respective field of study and expertise. This session addresses: Identifying an appropriate expert, determining his/her credentials, conducting an expert interview, confirming his/her fee schedule and identifying appropriate tasks for the expert to complete.

Duragesic (Fentanyl) paches are being increasingly prescribed for chronic pain in non-terminally ill patients. We are seeing increasing numbers of sudden death associated with the age of these patches. Multiple case histories are presented with discussion of product liability issues (leaking patches), accidental misuse, illicit abuse and prescribing issues. How the patch is constructed, how it works and how it should be applied is discussed. Current recommendations on collection and preservation of specimens and patches at the time of autopsy examination will be presented.

This session explores the importance of the relationship between the healthcare provider and the client and client's family. The speaker discusses how to maintain and, more importantly, repair the relationship in the event of an untoward outcome or error as a major factor in preventing a malpractice claim.

Nursing home cases are among the fastest growing types of medical malpractice claims. The plaintiff is compensated in 90% of these claims. Presented by a combination of an LNC and nursing home physician and expert, this session will help the LNC analyze the validity of a claim. You will learn to recognize the red flags which signal the need for investigation of a claim and identify how these claims are defended. The speakers are experienced authors and experts in the field.

The speakers will present a personal injury case that began as a request for simple record review and developed into devising a catastrophic life care plan for a very unfortunate client. Additionally, the speakers will offer suggestions of how the legal nurse consultant can actually be a "case manager" for the attorney as well as the patient. Stepping out of the box can be rewarding!

Nurses are not business people; we are caretakers. Simply sending brochures and calling attorneys does not work. This session will focus on how to efficiently and effectively market your services to bring in business. Specific topics include: Getting in the door of attorneys, what to say to attorneys so they can't say no to your services, letting attorneys come to you and effective marketing without cold calls.

"How much are the damages worth in this case?" This is a central question of most of the litigations we deal with. Life care planning is an important part of settlement negotiation and trial preparation processes. As tort reform is moving forward in this country, life care planning takes on a new importance as actual damages must be proved and future costs related to the injury must be quantified.

Did you ever wonder why some legal nurse consultants seem to have all the clients they want, even when you believe that you are better qualified, possess stronger skills and offer a better product? The answer may be they have developed superior networking skills. One of the primary methods of selling yourself and your services as an LNC is through referrals and networking; this requires that you build relationships using advanced networking skills. This session helps you understand the knowledge, skills and abilities required to build and maintain effective networks. Superior networking skills can provide a competitive advantage to both independent and in-house LNCs.

Following Merck's withdrawal of Vioxx from the market in September 2004, lawsuits have escalated due to the significant number of pro-thrombotic cardiovascular events associated with the drug. To date, there have been no settlements, and settlements are thought to be unlikely for at least a year. Cases are being prepared for trial from a medical records standpoint, and by working with the medical experts to have the science determining individual causation answered. This session will focus on Vioxx litigation and the role of the legal nurse consultant, including understanding the COX-2 inhibitor's mechanism of action, the scientific research and its application to general and individual causation and its correlation with the timeline of events, case screening, client contact, medical record review and trial preparation.

Over the years, auto insurance companies have changed the way they value soft tissue injuries suffered in motor vehicle accidents. As a result, the insurance industry recognized they could make a profit by paying less and still keep 80% of their insureds happy. This led to a reduction in settlement offers nationwide and to the widespread use of special software programs designed to decrease settlements. Learn how the legal nurse consultant brings value to personal injury cases by understanding what information these software programs use to increase the value of the settlement offer. Knowing what information to extrapolate from the medical records and how to assist her/his attorney to maximize their settlement while working within the constraints of the program is key.

This lecture will cover all aspects and pitfalls of testifying as an expert in court: Qualifying as an expert, direct testimony, cross-examination, expert opinion and use of trial exhibits. The speaker will teach you how to effectively communicate scientific/medical testimony to a jury.

Regardless of the practice setting there is an absolute need for the legal nurse consultant to be able to find authoritative medical/legal information in a cost-effective manner. Whether you are pulling the opposing expert's publication for evaluation of the research methodology, trying to locate jury-friendly medical information for trial exhibits or independently screening for case merit you need to be able to efficiently locate reliable, credible and authentic information. The focus of this session is to offer the participant skills in locating information via traditional and online resources. Strategies to optimize online searching via the Web, as well as steps to locating hallmark studies that have yet to be digitalized will be explored. Emphasis will be given to the critical analysis of retrieved sources. Acknowledgement of varied learning styles will be addressed using auditory/visual/tactile teaching methods. Skills obtained in this session will further enhance the legal nurse consultant's marketability.

Approximately 40-85% of institutionalized and hospitalized patients and residents experience protein deficits, nutrient and calorie deprivation, involuntary weight loss and malnutrition. Malnutrition and protein deficits lead to multiple negative outcomes, including infection, weakness, fatigue, organ dysfunction, respiratory failure, pneumonia, pressure ulcers, sepsis, reduced organ and muscle mass, decreased strength, cognition, quality of life and even death! Unfortunately, physicians and healthcare providers, as well as legal and clinical professionals, often overlook nutritional issues. In fact, malnutrition is often referred to as the "hidden skeleton" in the healthcare field's closet. The seminar will identify the diagnostic criteria for various types of malnutrition and the negative outcomes of malnutrition and mismanagement. Factors that are key to determining if malnutrition and its negative consequences were avoidable or unavoidable will be discussed in detail. Standards of nutritional care, causation, healthcare provider neglect and mismanagement and unavoidable end of life nutritional decline processes will be discussed extensively. The role of nutrition and its impact on the litigation process will also be discussed.

Nurses manage conflict and provide resolutions not only to patients, but also to irate physicians, fellow nurses, other staff members and patient families. Specialized training coupled with peacemaking talents are needed in the judicial system. This presentation will include a description of what mediation is and what it is not, as well as a description of the components of a mediation. The types of courts and mediators will be explained: Family, civil, etc. The audience will also be enlightened about the regulations and statutes regarding mediation and advised of networking opportunities for a mediator. The court system is often backlogged with full case loads. A mediator serves an integral role in streamlining resolutions.

It is estimated that 3-5% of all health care claims are fraudulent costing $100 million per day. Many issues the LNC experiences in other areas of practice crossover to the health care fraud. This presentation addresses how a LNC’s experience in other areas of practice and the ability to identify the medico-legal aspects of a case applies to the detection and investigation of Health Care Fraud and Abuse. Common health care fraud schemes and those who commit them will be discussed. The use of case studies will demonstrate how the parameters of practice for a LNC correlate with the functions of a Health Care Fraud Investigator in various fraud schemes.

Join us for a lighthearted look at how we can create our own success through motivation, self-reflection, creativity and humor. This positive approach to success identifies obstacles in our way, how to get around them, and most importantly, how to avoid creating them for ourselves. Get in touch with your "multiple personalities" and learn how to maximize your attributes. Position yourself for success in your career as a nurse, and in your life. Bring your sense of humor with you as you explore where you take your conference experience, and your life, from this point forward.