There are so many questions posed to us regarding the differences in an LNC, paralegal, nurse paralegal, or legal assistant. This post was created with the help of Elizabeth Zorn to demistify the subject.
There is absolutely no LEGAL distinction between a Legal Nurse Consultant (LNC), a nurse paralegal, a paralegal or a legal assistant. This is a myth. Regardless of title, we all play a supportive role to attorneys in the delivery of LEGAL services and we are bound by the ethical canons of the legal profession. The practical difference is that most nurses who work for attorneys concentrate on the medical aspects of a case.
It is also a myth that in every firm nurse-paralegals perform one set of tasks while LNCs perform a different set of tasks. For those who work inhouse, the scope of practice is completely dependent upon the attorney(s) one works for, irrespective of title. LNCs in one firm may do exactly what nurse paralegals do in another firm. In most, the roles of paralegal and legal nurse consultant do not overlap. Virtually everything the nurses do is medically related. This can sometimes include the “medical” portions of the legal pleadings. Some LNCs who are independent have CHOSEN to call themselves nurse paralegals and they do exactly what LNCs.
It is important that LNCs know legal standards. Although the attorney is responsible for the overall management of the case (including knowing the legal standards and knowing the medical issues) it is not possible for one to excel as a LNC without knowing the legal standards. For example, How do you know what information to extract from the medical records and put in your chronology or how do you help an attorney prepare for a deposition if you don’t know the alleged claims of negligence and injuries the attorney has asserted? How can you screen a medical malpractice case if you don’t know when the statue of limitations expires? How can you sit down and write up a 20 page analysis of the facts, and the liability, causation and damages issues if you don’t know the legal standards/strategy? Part of the analysis that goes into screening any case is whether the chances for a favorable outcome outweigh the expense of litigation.
In some areas of the US, most all firms who do defense or prosecution of medical legal cases have used nurses for many years now. This is not as common in Arkansas (yet!) Many legal nurse consultants started in the 1980′s by working in law firms and getting on-the-job education.
Legal Nurse Consultants should be utilized for more than simply organizing medical records. Creating a high quality work product requires time in the trenches – this is true for doctors, lawyers, and other professionals. You need to know the clinical issues (which often require research), the legal standards, legal strategy and you need to learn to write effectively.
When choosing a LNC for your next medically related case, check the education and credentials of your potential consultant. Request references. Examine work product examples. A certificate that states you attended a seminar hardly makes one an expert.
