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Volume 28 Number 4 Winter 2017 THE JOURNAL OF egal Nurse Consulting EMPLOYMENT LAW AND NEW AUTHOR SUPPLEMENT

ANNUAL FORUM APRIL 1314 CLEARWATER, FL Hilton Clearwater Beach PreForum April 12

THE JOURNAL OF egal Nurse Volume 28 Number 4 Winter 2017 Consulting 10 THE ENHANCED NURSING COMPACT AND ITS IMPLICATIONS Michael Loughran, President, Nurses Service Organization 32 CHANGING T

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 Share Your Knowledge ell, I am halfway through my term and I cant believe how fast time flies. I am running past yet another deadline and pondering what message can I impart. I am

FROM THE EDITOR The Work of Nursing G reetings and welcome to the December 2017 JLNC. Were looking at various aspects of employment, from the ADA to Workers Compensation OK, so we didnt come up wit

FROM THE EDITOR I also received the following What is a nurse or other medical provider in North Carolina to do when a law enforcement officer demands the withdrawal of blood from an unconscious pati

LETTERS TO THE EDITOR CONCUSSION CONFLICT I have had an opportunity to read the most recently published fall issue of the JLNC. Some great articles with information that served as a nice review as we

LETTERS TO THE EDITOR SEPTEMBER 2017 ISSUE Excellent publication once again posted to LNCExchange. I highly recommend it to all LNCs. You dont get free education like this by anyone else in our profe

SCREENING SKILLS Test Your Case Screening Skills CASE 1 Molly Jones calling re her husband Sam Jones. December 2010 had hernia operation now has nerve damage, probably permanent. Second surgery to t

FEATURE The Enhanced Nursing Compact and Its Implications Michael Loughran, President, Nurses Service Organization Keywords nurses, telehealth, state licensing, malpractice, insurance Nurses most oft

about measuring continued competence. Therefore, states have different requirements for license renewal and what registered nurses must know in the provisions of their respective Nurse Practice Acts.

uses technology for this and relies on nurses to do it. Telehealths inherent flexibility allows healthcare entities and providers to meet patient expectations more effectively, regardless of geography

the professions needs, values, and commitment to healthcare consumer patient safety ANA, 2013. The eNLC will have to have processes in place to ensure those standards are met to achieve acceptance, no

FEATURE QA Board of Nursing Actions Elizabeth Murray BSN, RN, LNCC interviews Ottamissiah Moore BS, LPN, WCC, DWC, CHPLN, CSDLTC According to the National Council of State Boards of Nursing NCSBN, bo

and for jurisdictions participating in the Nurse Licensure Compact NLC. As of publication time, only Pennsylvania, Alabama, Hawaii, Oklahoma, and California did not participate in the database. Fiftyo

telehealth and disaster relief, and to take advantage of online education. For nurses with compact licenses, if discipline by a BON is required, the BON of the state where the nurse is licensed or the

FEATURE Investigating Alleged Malpractice for Evidence of Employment Retaliation A Case Study Wendie Howland MN, RNBC, CRRN, CCM, CNLCP, LNCC INTRODUCTION Legal nurse consultants may find themselves

patient situations that werent remotely emergent, including for baseline arrhythmias in a patient who had a physiciansigned Do Not Resuscitate form and went home on hospice. Interestingly, I also lear

FEATURE Are Nursing Board Actions Permanent Public Records Lorie A. Brown, RN, MN, JD U nfortunately, there are only a few states that allow expungement of Nursing Board records and only under very

concern one 1 or more of the following categories, if there has not been subsequent disciplinary action and all of the terms of the agreed order or decision have been met a Failed to timely obtain con

FEATURE Burnout and Patient Safety Minda Lee Lockeretz BSN RN LNC Keywords burnout, patient safety, quality care, nurse burnout, healthcare provider burnout, burnout and patient safety T he JLNC ed

FEATURE ADA Case Review A New Niche for LNCs Regina Jackson, RN, BS, CCM, LNCC BACKGROUND The Americans with Disabilities Act ADA of 1990 was amended in 2008, and is now called the Americans with Di

employees of the criteria that will be used for hiring and to evaluate future job performance. Analyzing and sorting out essential from nonessential job functions with a thorough and wellwritten job a

FEATURE accommodation the employee prefers. Accommodation and Compliance Series, n.d. 5. Implementation The LNC needs to determine whether the employer ensured equipment was properly installed and th

tions are needed. Did the employer send notice of case closure to the employee or provide a point of contact if the employee needs to reopen a case Employers must demonstrate engagement in the interac

FEATURE Anatomy of a Workers Compensation Case Gina T. Crawford, LCR WHO AM I Before I discuss the intricacies of a workers compensation WC case, let me tell you about myself. I do so because I am a

medical witnesses, performing legal and medical research, preparing memoranda of law, negotiating settlements and handling appeals before the WCB. This article will address the anatomy of a WC case an

FEATURE licensed representatives or authorized individuals who can also appear before the Board on the carriers behalf. Administrative law judge ALJ presides over the WC case. Administrative law regu

Is there a preexisting injury If so, what is the nature and extent Did the injured worker disclose the preexisting injury Failing to do so could be considered fraud which can result in suspension of

Addressing reimbursement for outofpocket medical expenses Conducting research Projecting anticipated future care Communicating with medical providers for clarification as needed and Memorandum of

Coordinating and communicating with hospital medical staff and social workers if claimant is admitted Coordinating and assisting with home modifications and durable medical equipment needs Communic

FEATURE Changing The Paradigm Collaborative Law Bartina L. Edwards, J.D. Keywords collaborative law, dispute resolution, legal nurse consulting, conflict resolution, employment law, culture of retali

INTRODUCTION A paradigm can be defined as a shared cognitive framework or set of beliefs and practices people apply in a situation. Paradigm change means transforming how we work with each other and r

FEATURE And in 1984, in his speech on The State of Justice, Chief Justice Warren Burger stated, the entire legal profession has become so mesmerized with the stimulation of the courtroom contest, that

TOWARD A HIGHER, DEEPER DISPUTED RESOLUTION Collaborative Law and Collaborative Mediation Collaborative Settlement NegotiationIDR Mediation or other nonadversarial, interestbased negotiation Nonbindin

FEATURE For over 20 years, legal nurse consultants have acted as collaborators and strategists, offering support in medicallyrelated litigation and other medicallegal matters. It is particularly diff

gaining recognition as an efficient and costeffective method in employment and business disputes. Business practices, the economy, the political environment, and other factors influence employment and

FEATURE Did Your Client with Medicare Report His Settlement and Award to Medicare James Hanus, RN, BSN, OCN, MHA Keywords CMS, Medicare, award, settlement The Centers for Medicare and Medicaid Servic

O n December 12, 2016, the Centers for Medicare and Medicaid Services CMS issued a Technical Alert https www.cms.govMedicareCoordinationofBenefitsandRecovery CoordinationofBenefitsandRecoveryOverview

NEW NURSE AUTHOR Creative Ways to Get Your Foot in the Door A Step by Step LNC Marketing Guide Erin OConnell MSN, MBA, RNBC, CNL, CNLCP Keywords LNC, marketing, communication, public speaking, networ

INTRODUCTION Marketing A nineletter word that makes legal nurse consultants panic. Most LNCs especially new ones myself included clam up, shake, and break into a sweat. Truthfully, I hate marketing ho

NEW NURSE AUTHOR my businesss name needed to become synonymous. The best way to merge the two, and promote your business for next to nothing, is to create business cards. Your business card should con

building relationships. Whenever new potential clients call, always ask how they got your contact information. If they were referred, I would send the referring individual e.g., attorneys, LNCs, paral

NEW NURSE AUTHOR PUBLISH Now is the time to start writing. In most businesses, if you write about a subject continuously you will eventually be seen as an expert in that field. You can write white pap

NEW NURSE AUTHOR Guide to the EMS World Michael J. Curran, RN, BSN, EMTP, NHDPBC INTRODUCTION Understanding the origins and current state of prehospital emergency care can be vital for the LNC whose

NEW NURSE AUTHOR The NREMT provides national EMS certification, which is a validated and legally defensible attestation of competency RESEARCHING A CASE For research on a case involving EMS personnel

Maggiores Journal of Emergency Medical Services JEMS article 2006 referenced the testimony of a medical director of the Kalamazoo County Medical Control Authority in a Michigan Appellate court case.

THE JOURNAL OF egal Nurse Consulting Looking Ahead... XXVIX.1, March 2018 Product Liability, Medical Devices, FDA, Toxic Tort XXVIX.2, June 2018 EHR Revisited XXVIX.3, September 2018 Trials XXVI

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