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Volume 28 Number 3 Fall 2017 THE JOURNAL OF egal Nurse Consulting BRAIN INJURY

NEW AALNC ONLINE COURSE IS NOW AVAILABLE AALNC is proud to announce that the new AALNC Online Course is now available on AALNC.org The latest version of the course maintains the features our members l

THE JOURNAL OF egal Nurse Volume 28 Number 3 Fall 2017 Consulting 08 THE NFL CONCUSSION SETTLEMENT, TRAUMATIC BRAIN INJURY, AND CTE FACT, FICTION, AND SPIN DOCTORING Edward S. Stone, Esq. 34

PURPOSE American Association of Legal Nurse Consultants 330 North Wabash Ave. Suite 2000 Chicago, IL 60611 8774022562 3123215177 Fax 3126736655 Email infoaalnc.org Web site www.aalnc.org The purpose

ARTICLE SUBMISSION The Journal of Legal Nurse Consulting JLNC, a refereed publication, is the official journal of the American Association of Legal Nurse Consultants AALNC. We invite interested nurses

FROM THE PRESIDENT L Debbie Pritts RN, LNCC President, AALNC A Message from the President ast week I was contacted by our JLNC editor, Wendie, reminding me, Its that time againthe Presidents Note fo

FROM THE EDITOR Editors Note B rain injury has been in the news quite a bit lately, most recently a study by Mez, Daneshevar, Kiernan, et al. 2017 finding that 177 of 202 deceased football players

LETTERS TO THE EDITOR INTERVENTIONAL RADIOLOGY I just wanted to give two thumbs up for the great AALNC Journal articles in this edition. As always I learned a great deal. The article on IR procedures

SCREENING SKILLS Test Your Case Screening Skills CASE 1 Timothy presented to General ED 6311 by ambulance with abdominal pain pain level 4 or 5 out of 10. He had been waiting 68 hours to be treated n

FEATURE The NFL Concussion Settlement, Traumatic Brain Injury, and CTE Fact, Fiction, and Spin Doctoring Edward S. Stone, Esq. C hronic traumatic encephalopathy CTE is the industrial disease of foo

The justification for excluding CTE from the NFL settlement is that some of the neurocognitive ailments associated with CTE are eligible for awards. For example, the settlement covers mild and moderat

FEATURE award without any real justification. For example, the proposed Settlement currently reduces a claimants award by 75 if the NFL can point to a nonfootballrelated TBI or stroke.3 The NFL does

This is not just an empty exercise. The settlement will certainly lead to unjust and even absurd results. Imagine the former NFL player, wracked with a host of debilitating symptoms of cognitive impai

FEATURE Evaluating Damages in Catastrophic Injury Cases A Primer for the New LNC Elizabeth K. Zorn, BSN, RN, LNCC and Brian M. Zorn, Esq. 12 THE JOURNAL OF LEGAL NURSE CONSULTING

P ersonal injury in a negligence action is defined as any harm caused to a person Blacks Law Dictionary, 2014. A tort is a civil wrong, other than breach of contract, for which a remedy may be obtain

FEATURE Wrongful death damages include decedents conscious pain and suffering from the negligent acts, their distributees economic loss resulting from the death, and in some states their emotional ha

produce numerous records to support the existence and value of alleged economic losses, including where applicable, income tax documents, wage and benefit statements, pension statements and medical bi

FEATURE household services. The projection for future health care and related costs typically is based on the life care plan cost analysis and takes into account inflation and life expectancy, among o

Conferencing with the expert and the attorney about the nature of plaintiff s injuries and the impact on prior level of functioning Drafting the damages portion of interrogatories or similar discove

FEATURE CONCUSSION The Invisible Injury Emily Tong, MS, ATC, VATA, ITAT and Jon Almquist, ATC, VATA, ITAT INTRODUCTION The topic of concussions has become prominent among professional, collegiate,

RISK AND BASELINE TESTING Baseline concussion testing commonly refers to neurocognitive screening with a computerized tool e.g., ImPACT, C3Logic, CNS Vital Signs completed at a time when the athlete i

FEATURE Clinicians no longer recommend complete removal from work or school until symptoms resolve. However, increasing stress related to schedules, income loss, responsibilities in a company, or keep

increased public awareness to the dangers of untreated injury. Consider the brains high energy needs to navigate a day in 2017, compared to 1999. The typical teenager is challenged with higher volume

FEATURE Providers evaluating and treating concussion should employ a multifaceted approach, as there is no single foolproof diagnostic test. Womble, M.N. 2016, May 2. Sport Related Concussion InSeas

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FEATURE HOW DOES CONCUSSION HEAL After concussion, the brain requires significant time and rest to recover and heal. Sleep and minimization of all stimulation are important to allow the brain to focus

FEATURE Il iuntiberum aborem sequae nisi officit iatiant et rerati doluptate consequid ma ad mosa voluptat est ped ut qui blamus evelese optur aut arum simpostion porit laborrum eos exped que quiatqu

FEATURE INTRODUCTION In the general population the chance of developing PTSD after exposure to a traumatic event is between 5 and 24 Breslau, 2001. It is a severe, lifedisrupting disorder that may dev

and raped by a patient who was a prison inmate. The security guards who were responsible to monitor the prisoners behavior abandoned her and left her vulnerable to the situation. After this assault, s

FEATURE THE DSM5 DEFINITION OF PTSD continued from page 27 Criterion E two required Traumarelated arousal and reactivity that began or worsened after the trauma, in the following ways Irritability or

functioning Are there other issues the client would like to address in treatment Have appropriate referrals been made if indicated Closure Was there appropriate therapistclient closure When reviewing

FEATURE UNDERSTANDING THE EGGSHELL SKULL RULE The Interplay Between Liability, Damages, And Apportionment Lesley E. Niebel, Esq T 30 here has long been recognition in the common law that some peo

common form of remedy in the law of torts is monetary compensation to the injured party. The tort most people are familiar with is negligence, but there are other similar theories of recovering damage

FEATURE eighteen, Patty Plaintiff s right arm had fully healed and her right arm did not limit her in any way. At this point, Patty Plaintiff is involved in a car accident where she again breaks her r

amount of the damages award. 21 One example of this would be Peter Plaintiff who is diagnosed with terminal cancer and given only three months to live. Before that threemonth period, Peter Plaintiff i

FEATURE Digital Motion Xray, DMX Identifying Cervical Pathologies with Movement Evan Katz, DC Technical Editor Randall Clarke, RN, BSN, LNCNurse Paralegal Keywords Digital motion Xray DMX range of mo

INTRODUCTION Digital motion xray DMX offers numerous diagnostic benefits, especially for trauma. After injury, most injured patients will hurt more when they move. However, with conventional imaging,

FEATURE disturbances Bulut et al., 2016 Iyer et al., 2016 Kong et al., 2013 Shimizu et al., 2005 Moon et al., 2015. The normal biomechanical shape of the spine is very well documented and established.

Figure 3. Open mouth view of cervical spine. Used with permission of Katz Chiropractic and Rehabilitation. Figure 4. DMX image of cervical spine lateral motion left and right. Used with permission of

FEATURE Kong, D., Zheng, T., Fang, J. Li, X. 2013 Apoptosis of endplate chondrocytes in postlaminectomy cervical kyphotic deformity. European Spine Journal, 227, 15761582. DOI 10.1007s0058601328118.

FEATURE Rebutting Motions to Strike or Limit Nurse Life Care Planning Testimony Qualifying under Daubert or Frye Wendie Howland MN, RNBC, CRRN, CCM, CNLCP, LNCC Linda Husted MPH, RN, CNLCP, LNCC, CCM

FEATURE WHATS A MOTION IN LIMINE A motion in limine is a motion filed by a party to a lawsuit which asks the court for an order or ruling limiting or preventing certain evidence from being presented

Credentials Credentialing is a dynamic process that determines qualifications to perform a given responsibility safely, effectively, and legally. CMSA, 2008. Certification is part of credentialing, m

FEATURE Planning Interventions delegation provisions Evaluation as appropriate The testifying NLCP must be prepared to explain this succinctly and powerfully, and to describe its application in t

words by a witness, and usually disallowed as evidence. However, testifying experts should know that they are entitled to rely upon records, such as medical records, other reports, and their collabora

FEATURE Effectiveness Continuing Existing Effective Modalities The life care planner Identifies unwarranted or unwanted treatment and causes of healthcare consumer suffering in the current plan of ca

Home Care Determination of skill level, amount, and duration of home care is a nursing decision supported by RN professional nursing licensure, nurse practice acts, standards of practice of both the

FEATURE is a nursing diagnosis with validated defining characteristics assessed and managed by nurses. Be prepared to explain that a taxonomy is a scientificallyvalidated system to classify informati

REFERENCES Ackley, BJ., Ladwig, GB, FlynnMakic MB. 2017. Nursing Diagnosis Handbook An EvidenceBased Guide to Planning Care, 11th edition, Elsevier. American Association of Nurse Life Care Planners AA

FEATURE Wendie Howland, MN, RNBC, CRRN, CCM, CNLCP, LNCC opened Howland Health Consulting in 2007, providing life care planning and legal nurse consulting services to plaintiffs and defense nationally

SAVE THE DATE AALNC ANNUAL FORUM 2018 Thursday, April 12 Saturday, April 14, 2018 Hilton Clearwater Beach Clearwater Beach, Florida

THE JOURNAL OF egal Nurse Consulting Looking Ahead... XXVIII.4, December 2017 Employment Law and New Author Supplement XXVIX.1, March 2018 Product Liability, Medical Devices, FDA, Toxic Tort XXVI

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