What does a Legal Nurse Consultant do? Katie Morales explains…

February 26th, 2010. By Kristine B

This past week, I had the pleasure of speaking with Katie Morales, a legal nurse consultant and nurse. Since it was my first time speaking with a legal nurse consultant (LNC) that I know of, I thought I would share with you what legal nurse consultants do.

How does a Legal Nurse Work with a Lawyer? 

“Legal nurse consultants help attorneys with any case that might be medical-legal, for example, medical malpractice, Katie says. “We help an attorney identify the issues: is there merit in this case, is there an issue with standard of care, are there issues for development? 

Usually, we are contacted by the attorney and our work can be both up front or behind the scenes. Say someone was in the hospital for an appendix problem and died. The family member might say, ‘Something is not right, here.’ An attorney will look for an expert to review the case. So the LNC would review the case and determine if there were deviations from the standard of care. If there are deviations from the standard of care, the LNC will give an affidavit to start the process of a medical malpractice suit. The LCN might then be called on to testify. 

Another case is where a hospital is being sued. The hospital might ask the LCN to come in and determine if there is a deviation from the standard of care. The LCN might say there are no deviations or might say, ‘Yes, there are deviations and this is where they are.'”

What made you decide to become a Legal Nurse Consultant?

“I was always interested in the legal part of nursing, but I didn’t want to be part of the group that was crucifying nurses. Since 1999, nursing has been the most trusted profession, except in 2001 when it was firefighters. I’m proud of this profession and I know we are doing our best. But, if we don’t define the standard of care, it will be defined for us. I don’t want someone dictating it for us. 

Legal nurse consultants know the system and we know where to look for information. For example, when attorneys request documents, they have to ask for exactly what they want. I am able to tell the attorney what documents to ask the hospital for. I know where to look for information and what information to ask for.” 

Katie Morales, RN, C, LNC, BSN, has been a nurse for 25 years and a legal nurse consultant for five years. In addition to being a nurse and legal nurse consultant, she also works for a company giving flu shots, and has helped set up a service, set to launch on International Nurses Day [May 12] that involves community learning and patient simulators. 

Her legal nurse consulting business is called DisceRNment, LLC, and can be found online at discernment.biz.

Asbestos News Roundup: 2.25.10

February 25th, 2010. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of.

Asbestos Lawsuits

Madison County, IL: A total of 18 new asbestos lawsuits were filed between February 8 and 12. They include a lawsuit filed by Geraldine R. and Forrest Blazer of Ohio. The couple allege that Geraldine developed asbestos mesothelioma as a result of secondary or “take home” exposure to asbestos fibers through her father’s work as a shipbuilder for Bethlehem Steel from 1940 until 1943 and through her husband’s work as an asphalt worker for Brewer and Brewer in 1959, and from 1960 until 1977, and as a construction worker for V.N. Holderman from 1959 until 1960. (madisonrecord.com)

James Charles and Pamela B. Smith of Pennsylvania have also filed one of the 18 asbestos lawsuits. They allege that James developed asbestos mesothelioma as a result of his work, which included being in the U.S. Navy from 1966 until 1969, working as a machinist mate on the USS Soley until his discharge in 1969; working as a salesman and store manager for RCP Electronics from 1969 until 1981; working as a salesman for Homelite Power Equipment from 1981 until 1993; and working as an outside sales representative for Cooper Industries from 1994 until 2009. (madisonrecord.com)

Asbestos Removal

Tampa, FL:  Four men were arrested and charged on February 18^th, with violating environmental laws governing asbestos removal. They were responsible for the conversion of the Indian Pass Apartments to Barefoot Beach Resort, located on Gulf Blvd. 

While the conversion of the apartments actually took place in 2004, the project manager, James Roger Edwards, pled guilty to charges of violating environmental laws on February 14, 2010, and this led to the arrest and conviction of several other individuals. 

The scenario in which the violations occurred involved using drywall to cover up spray-textured ceilings that contained asbestos, rather than spending $300,000 on remediation. Not only did this disturb the asbestos coating, but the men contracted to do the work were not provided with proper protective equipment or disposable clothing, both of which are required by law. (mesotheliomaweb.org) 

The Clean Air Act and Asbestos Removal

Asbestos is classified as a hazardous air pollutant under the United States Clean Air Act (first passed in 1963 and last amended in 1990). Clean Air Act provisions regarding asbestos, specifically its nature, definitions of removal techniques, and removal standards, are all itemized under the National Emissions Standards for Hazardous Air Pollutants (NESHAP) regulations. (mesotheliomaweb.org)

If the FDA Wore a Uniform

February 25th, 2010. By Hunter West

You gotta love the good ol’ FDA (US Food and Drug Administration) for its renewed stance on oversight on things such as drug advertising. Four months into the Obama Administration, the FDA gets a new leader—Margaret Gamburg—and all of a sudden things start happening.

Among other crackings of the whip, the FDA issued draft guidelines designed to clarify what is appropriate in drug ads. You know, things like upping the music volume when all those nasty, ‘adverse reaction’ bits appear. Or the use of distracting images and visuals to take the focus away from what you are hearing. 

The renewed focus on what consumers are seeing in medicinal TV ads—which seem to take center sponsor stage on the major network television newscasts each night—stems from a few well-placed cat calls from John Dingell and Bart Stupak. Back in 2008 the two congressmen openly questioned if drug advertising properly presented product benefits and risks. 

Among other complaints, Stupak criticized Pfizer for using the inventor of an artificial heart, Robert Read the rest of this entry »

Nestle cheating babies again – Gerber babies, that is

February 25th, 2010. By janem

Just about everyone knows that we have to watch our sodium intake. Recent studies report that most North Americans consume twice as much salt as they need and that leads to a host of health problems, such as kidney disease, stroke, heart disease and dementia. But what about baby? Most parents trust baby food like they trust their pediatrician, however, when it comes to Gerber products, baby beware.

According to the Canadian Stroke Network, a Gerber pasta meal—marketed for toddlers—contains the same amount of salt as two orders of McDonald’s fries. So the Stroke Network bestowed upon Gerber the “Salt Lick Award“, which is handed out annually to food items with extremely high levels of sodium. The Lil’ Entrees Chicken & Pasta Wheel Pick Ups meal contains 550 mg of salt—that’s more than half of the 1,000 mg of sodium a toddler needs to consume in one day.

In 2007 Gerber was sold to the Nestle Company for $5.5 billion. It makes more than 190 baby foods, sold in 80 countries. On its website, Gerber says it “doesn’t strain to make money. But it Read the rest of this entry »

Totally Tortelicious: 3 Years of Going Bananas…and then some

February 24th, 2010. By LucyC

Welcome to Totally Tortelicious—a review of some of the more bizarre legal stories making news. Goodness knows there’s no shortage of them.  

Neighbors goin’ Bananas… Brighton, UK: Amanda Millard was recently convicted, by UK magistrates, of breaching a noise abatement notice, for playing the theme from the cartoon series the Banana Splits so loudly it could be heard a block away. And, she did this for three—yes three—years. Ohmygod. Pass the sedatives. Have you heard the theme from the Banana Splits? Here’s your chance…

The neighbors had complained to the appropriate authorities, which I feel, showed remarkable restraint on their part. (The more appealing options are all illegal). And Millard was subsequently warned by letter to keep it down. She gave into silence for a little while, but soon returned to her bad habits. This time, however, she varied the repertoire slightly by adding The Animals’ “House of the Rising Sun” and Bob Marley’s “Buffalo Soldier”—all played at full volume of course. 

In her defense, she reportedly argued that her stereo wasn’t of good enough quality to generate Read the rest of this entry »