Attorneys! “Know When to Hire a Certified Legal Nurse Consultant”

The Attorney is the expert on the legal issues and the law governing any case. The Certified Legal Nurse dose not render legal advice. The Attorney serves as the advocate, the person who pleads and urges the cause of another. Education is one of the primary roles a Consultant provides at the earliest onset of the legal case. The sooner the nurse is involved in the case the less time is spent on the case outcome. Attorneys use Consulting services both as defense and plaintiff. Other clients that use a CLNC services include, Insurance companies, Health care Facilities, Governmental agencies, and private corporations.1. When you get a Medical and Nursing Malpractice CaseNurses excel in cases about negligence and a professional care provider, care provided by a facility or a learning institution. Nurses excel in cases where a decision is made regarding access to health care services. In the process of gaining that access there was a delay in treatment, inappropriate use of utilization review or negligent case management.2.When you get a General Negligence CasePersonal Injury cases that are non-health-care professionals related are considered general negligence. Personal injury cases include, but are not limited to, sports injuries, water accidents, liquor liability, aviation, railroad, auto accidents, sexual assault, or slip and fall cases.3.When you get a Products Liability CaseProducts Liability include medical or non medical manufacturers and sellers of a product to someone who purchased it and was themselves injured and or an injured bystander caused by the defective product.4.When you get a Toxic Tort and Environmental CaseEnvironmental or Toxic Tort cases involving alleged damages and or injuries caused by the release of toxins into the environment, such as oil spills, lead poisoning, asbestos, pesticides and secondary smoke exposure.5.When you get a Workers’ Compensation and Workplace Injury CaseInjuries that occur out of and in the course of employment are workplace injuries and exhibit impairment that make them unable to earn the income they made when they became injured in the same job or another job.6.When you get a Criminal CaseAlthough criminal cases require proof beyond a reasonable doubt and the verdict must be unanimous. Some actions can be both criminal and civil. Criminal cases include acts that society has deemed contrary to the public good and is injurious to society, such as homicide, sexual and physical assault, child, spouse and elderly abuse, criminal environmental, Medicare fraud, psychiatric or rape.7.Whenever an Attorney get a Case Where Health, Illness or Injury is in IssueThey are qualified to research topics, answer questions and assist the attorney in developing the medical-related issues of many types of cases. Additional examples of cases a Nurse can assist in are, family law, probate, disability, employee-employer wrongful dismissal, right to die, Medicare/ social security benefit, elder issues, wrongful adoption, insurance issues and including health care professional board disciplinary actions.How Consultant’s Impact on the Legal SystemWe uphold standards of care for the health care community by identifying meritorious cases and communicating deviations from recognized standards. The result is improved quality of care. We identify fraudulent and non-meritorious claims and help to keep them out of the system. We help to ensure that the legal system uses scientific, medical and nursing information properly and without distortion, provide a cost effective adjunct to the litigation process.Why?By completing the Certified Legal Nurse Consultant Certification indicates the attainment of specialized knowledge beyond the nursing degree. This process promotes quality within the nursing practice, the nursing profession and the community.We provide assistance with strategies for quality assurance, risk identification and management, evaluation and control of loss exposure.To complete the CLNC Certification the nursing candidate:-Masters a complex body of specialized knowledge while preparing to practice.-Promotes excellence and standardization of the principles and practice of legal nurse consulting, a distinct professional nursing specialty.-Demonstrates to law firms and insurance companies the successful completion of the nationally recognized training program, a division of Medical-Legal Consulting Institute, Inc.-Gains a competitive edge over other consultants with a demonstrated level of proficiency in the field of Legal Nurse Consulting and a commitment to continuing education.-Becomes a member of the largest legal nurse consulting association, the National Alliance of Certified Legal Nurse Consultants (NACLNC).What is Certification?The Certification process is administered by The Vickie Milazzo Institute, http://www.legalnurse.com/. The official certification of the National Alliance of Certified Legal Nurse Consultants (NACLNC) and the Certification were implemented in 1994. Successful consultants nationwide had input into this implementation. There are well over 7,000 National Alliance of Certified Legal Nurse Consultants nationwide. This Certification is designed for registered nurses seeking the in-depth knowledge and continuing education necessary to practice in this sophisticated and rapidly changing field.Graduates are a valuable assetGraduates of CLNC® programs have consulted on cases ranging from simple neck injuries caused by auto accidents to high profile cases such as Rodney King and groundbreaking litigations like FenPhen, Vioxx®, silicone implants, toxic mold and more.They are valuable assets to any Attorney faced with the confusing task of understanding and processing legal cases with multiple medical elements, medical language and alteration in health status or injuries with a time line. Understanding who may be responsible in a medical case can be very involved. Understanding Nursing /Medical expertise means having a CLNC® on your “Legal Team.” These Graduates can add to an Attorney’s insight and understanding of and the scope of practice of multiple players in the medical system. Attorneys gain clarity from the research the analytical fact data gathering skills a nurse brings to the situation. Attorneys gain a well oiled working tool to their specifications and a quality Standard of Practice. They gain insight into deviations from recognized Standards of Practice of health-care delivery system. Attorneys save time, money and efforts, and they gain an improved organization and less frustration.

Does Your Business Understand COPPA Compliance Laws?

If your business operates a website that intends to or does target children as an audience, it must understand COPPA compliance! Any website that is directed toward children under the age of 13 or knowingly collects any information from children under 13 will need to comply with The Children’s Online Privacy Protection Act (COPPA). The Act requires that all such websites obtain verifiable parental consent before collecting, using, or disclosing personal information from children.COPPA Compliance Is Required If Your Website:
Contains content directed towards children (or partially directed to children). Even if your business’s website is not directed towards children, if the content contains items that normally would appeal to children, such as cartoons or animations, you should maintain COPPA compliance to be safe;
Contains ads directed towards children;
Collects any type of information from children.
If any of the above circumstances apply, the required COPPA disclosures must appear on your website as well. (A checklist of these requirements can be found at coppa.org and you need to make sure you incorporate each required disclosure.)Any webpage that has content targeted towards or that attracts children should contain a link to your business’s website information collection and privacy policy. All links must be “clear and conspicuous” as such term is used under the FTC guidelines. Your business should be sure to follow those guidelines in your placement of all links and disclaimers on the website at all times. (As a helpful suggestion, use a larger size font or different color type on a contrasting background to display the link).In order to determine whether a website is directed towards children, the FTC considers several factors, including the subject matter; visual or audio content; the age of models on the site; language; whether advertising on the website is directed to children; information regarding the age of the actual or intended audience; and whether a website uses animated characters or other child-oriented features.If your business’s website must be in COPPA compliance, the privacy policy must contain the following items:
the name and address of all the operators of the site;
the kinds of information being collected and how it is being collected;
how the operator intends to use the information;
whether the operator provides this information to third parties and information about those third parties and how they intend to use the information;
a notice to parents that they have the right to allow the collection of the information by the operator but not by third parties; and a statement that the parent can review the child’s information and ask to have it deleted.
There are other provisions that must be included in the notice as well, including providing a written procedure for a notice sent directly to the parents and for the parents to actively consent, in writing, to the collection of this information prior to the information being collected. The site operator must notify a parent in the form of an email, postal mail, fax and in other similar ways set forth in the regulations and the operator must then obtain “verifiable parental consent” to the entire process.During an interim period, there are specific regulations about how this consent is to be obtained based upon how the information is going to be used by your website. If the information will be made widely available to the public or third-party providers, the more restrictive the requirements are under COPPA. In the event the site changes how the information is collected, used or disclosed, a new, verifiable parental consent must be obtained and, of course, the written policy must be changed on your site. If you disseminate collected information to third parties, you must have a procedure for such third parties to delete any information requested to be deleted by a parent or legal guardian.Note: Your business will have to employ a methodology of determining the age of a child under 13 prior to completion of the registration process. It is highly recommended that the methodology does not invite falsification. For example, the question “Are you 13 years of age or older?” may invite falsification, but the statement “Please enter your date of birth” would not invite falsification. If the procedure determines that a user is under 13, it should prohibit completion of the registration process and the collection of any information from the child, and it should direct the user to the privacy policy and its parental consent form.TIP! If none of the COPPA laws apply and if your business does not market to children or collect information from children under the age of 13, you should restrict use of the website to persons at least 13 years of age or older. Depending upon your business’s customer base, you really should consider restricting use or access to anyone under the age of 18. Any restriction should be placed in the website user agreement (terms of use) and restated in the privacy policy. Also, make sure each of your affiliates and marketers agrees to comply with COPPA laws at all times during the promotion of any of your products. This should be clearly stated in any affiliate or marketing agreement you enter into.Interactive Service Providers NoteIn terms of your business’s website, if your business is an interactive computer service provider under the Communications Decency Act (47 U.S.C. Section 230 (d)), it must, “at the time of entering an agreement with a customer for the provision of interactive computer service and in a manner deemed appropriate by the provider, notify such customer that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist the customer in limiting access to material that is harmful to minors.”The term “interactive computer service” means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions. Most courts have held that through these provisions, Congress granted interactive services of all types, including blogs, forums, and listservs, immunity from tort liability so long as the information is provided by a third-party.There have been some recent changes made to COPPA laws last year. Your business will want to review those changes to determine if COPPA laws apply to your business’s information collection practices.