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Volume 26 Number 3 Fall 2015 THE JOURNAL OF egal Nurse Consulting EXPERT WITNESSING

PROTECT YOUR MOST VALUABLE ASSET Your ability to earn a paycheck. Income Protection is available to you on a discounted basis for being an association member. Your income protection program will prov

THE JOURNAL OF egal Nurse Volume 26 Number 3 Fall 2015 Consulting 08 AN INTERVIEW WITH AN ACTUARY Kathleen C. Ashton, Ph.D., R.N., ACNSBC and Mindy Steichen, F.C.A.S, M.A.A.A. 34 NURSE EXPERT

PURPOSE American Association of Legal Nurse Consultants 330 North Wabash Ave. Suite 2000 Chicago, IL 60611 8774022562 3123215177 Fax 3126736655 Email Web site 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 A Message from the President Dear AALNC Members, I am often asked the question, What tools, resources, or materials do you use as an LNC Varsha Desai BSN, RN, CNLCP, LNCC Presiden

FROM THE EDITOR September 2015 Editors Note O ur issue this quarter focuses on various aspects of expert witnessing. We have articles on three lesscommonlyused specialties, vetting experts, an expe

FROM THE PRESIDENT continued from page 4 blog is free and can be found under the Publications tab of the AALNC website. Our next blog topic in August will be about leadership by Mary Sussex. Webina

LETTERS TO THE EDITOR LOOKING FOR EXPERTS Every so often the LNCExchange contains some unique information passed from one LNC to another related to the listserv topic of the day. I recommend LNCs thi

FEATURE An Interview With an Actuary Kathleen C. Ashton, Ph.D., R.N., ACNSBC and Mindy Steichen, F.C.A.S, M.A.A.A. Keywords actuary roles, actuary interview, actuary LNC collaboration, actuary, F.C.

O ne of nursings strengths is being able to translate what we do for the public when someone asks us about our work. Yet how well do we understand the role of other individuals who are involved in he

actuary include traveling to meetings with clients, volunteer work for our industry organizations, and attending and presenting at conferences and industry events. JLNC What do you enjoy the most abou

REFERENCES Bhlmann, Hans November 1997.The actuary The role and limitations of the profession since the mid19th century. PDF http www.casact.orglibraryastinvol27no2165. pdf ASTIN Bulletin 27 2 165171.

FEATURE Finding the Best Pediatric Experts for Your HospitalBased Pediatric Cases Randi Colclaugh RN, BSN, CPN and Riva Kamat MD, FAAP Keywords pediatric nurse expert, pediatric nurse certifications,

exposure to a variety of sick pediatric patients. A clinician in a large metropolitan hospital would be exposed to a diverse pediatric population with a wide variety of diagnoses. Community hospitals

For a pediatric physician expert, board certification is critical. Fellow of the American Academy of Pediatrics FAAP is the standard certification. for admission to the hospital for phototherapy. The

FEATURE Choosing the Right Dental Expert Witness for a Dental Malpractice Case Lee M. Whitesides DMD, MMSc. Keywords Dental expert, Dental implant, Dentistry, Dentist, Dental specialties, Dental accr

siderable overlap of services rendered by dental specialist, especially in the field of dental implants. The educational path for dentistry is similar to that of medicine. After completing required un

is performed by the general dentist or prosthodontist. Generally, more complex cases are done by specialist. Some highly trained general dentists provide quality comprehensive care with complex treatm

FEATURE Frontline Nurses Ethical and Legal Considerations of Disaster Preparedness. Marian K. Nowak DNP, MN, RN, CSN Kathleen C. Ashton, PhD, APRNBC Patricia Sayers, DNP, RN Keywords disasters, disas

INTRODUCTION Disaster incidents are generally divided in two categories natural and manmade. Natural disasters include hurricanes, tornadoes, hailstorms, cyclones, blizzards, droughts, floods, mudslid

When care demand may far exceed ability to meet commonly accepted care standards, nurses will base judgments and performance on principles of nursing knowledge, skill, and the Code of Ethics. are insu

and policies for these situations are developed at the local level in cooperation with the Department of Health and Human Services using disaster standards from FEMA guidelines US Homeland Security, 2

Model State Emergency Health Powers Act of 2005 This act was intended to guide states in how to deal with bioterrorism Watkins, 2006. The Emergency Health Powers Act provides protection from liabilit

for Healthcare Research and Quality AHRQ, 2008, and the Centers for Disease Control and Prevention CDC, 2008 are continually improving emergency preparedness through their research efforts. Most state

Disaster nursing service is one way professionals can act on their commitment to serving our society and communities in times of need. BENEFITS OF SERVING IN PUBLIC HEALTH DISASTERS Professional Satis

American Nurses Association 2015. Code of ethics for nurses with interpretative statements. Washington, D.C. American Nurses Publications. Retrieved from httpwww. nursingworld.orgcodeofethics Institu

FEATURE My Expert is Better than Your Expert Tips for LNC Expert Witness Location Sarah M. Kaminski, RN, LNC Keywords expert medical witness, expert nursing witness, vetting expert witnesses Attorne

calmalpractice cases. According to The American Bar Association, The outcome of trial often hinges upon the likeability, credibility, and communication skills of one or more star expert witnesses ABA

some instances where a physician may be allowed to testify regarding nursing issues. In a July 2013 ruling by an Ohio court, a physician was allowed to testify what the medically appropriate interacti

WHERE TO FIND EXPERTS There are numerous resources to use for locating potential experts. Finding just the right expert can often feel like detective work, and can be challenging and fun Word of mouth

retained him. Without Dr. Graboff s knowledge or consent, the attorney removed the word draft from the report, and used the preliminary report to settle his case. The AAOS appealed, but Dr. Graboff wo

FEATURE Nurse Experts Are YOU Prepared for CrossExamination Lori Combs BS, RN, LNC Keywords Expert, Testifying, Crossexamination, Nurse expert witness, Cross examination, Nurse expert, Impeach, Treat

Opposing counsel has a strategy of how to discredit you attacking potential weaknesses, like poor qualifications, lack of expertise, incomplete analysis, biases, and inaccurate work. holes, but if you

carefully. Therefore, you must likewise phrase your answers carefully. Listen very carefully, take your time to answer, and only answer the question posed to you. Ask for clarification if needed and r

FEATURE Nurse Expert Witnesses and the Daubert Standard Tyler Wilkinson, JD Keywords Daubert, Expert Witness, Nurse, Qualifications, Reliability, Testimony, Relevance, Evidence, Federal Rules of Evid

expert witness is qualified to speak on a scientific or specialized topic, whether the proposed testimony is legally and scientifically reliable and whether the proposed testimony will be helpful to t

1. Is the proffered expert witness qualified by knowledge, skill, experience, training or education to render the testimony in question 2. Is the experts testimony reliable In other words, is the expe

Wesley from 19791989. Additionally, she has attended seminars on leadership and management, which included discussions of nurse staffing. Before rendering her opinion, Nurse Lundstrom consulted the Pe

The Daubert standard is a flexible analysis courts use to determine whether an expert witness is qualified to speak on a scientific or specialized topic, whether the proposed testimony is legally and

pertinent inquiry as a precondition to admissibility.32 Moreover, expert testimony is not helpful if the jury can determine the fact at issue without assistance from an expert witness. For example, a

FEATURE Serving as a Nurse Expert Witness A Virtual Roundtable Discussion Curated by Elizabeth Zorn, RN, BSN, LNCC Keywords testifying, expert witness, expert witness mistakes Attorneys often hire c

Attorneys dont always know the extent to which nursing experts can assist and thus may limit the nurses involvement in the case. Educating the attorney about what is possible to provide opinions on,

Keeping testimony answers short and on point learn how to answer questions effectively without oversharing. Dont sway from your predetermined opinions regarding the case. But do give yourself wiggle

handling the adversarial nature of crossexamination. Not being adequately prepared. Letting an attorney talk you into testifying beyond your scope of knowledge. Failing to bring required documents

and events taken from the medical record to explain my opinions. Opposing counsel made a copy of it during the deposition. At trial, it was enlarged and put up on a screen during the case

FEATURE Could Your Expert Witness Cost Your Attorney 1 Million James Hanus, RN, BSN, OCN, MHA Keywords Expert Witness, Motion in Limine, Sanctions, Limits in Testimony, Mistrial, Curative Instruction

any testimony regarding the patients smoking history. The Pennsylvania Superior Court in Sutch v. Roxborough Memorial Hospital, No. 3246 EDA 2012 Pa. Super. Ct. Nov 4, 2013 quotes from the trial court

THE JOURNAL OF egal Nurse Consulting Looking Ahead... XXVI.4, December 2015 ACA and LNC XXVII.1, March 2016 Research in LNC XXVII.2, June 2016 LNC Written Work Products XXVII.3, September 2016