Legal Nurse Consultant

A nurse practitioner may be a better match when the disputed conduct involves advanced-practice nursing functions such as assessment, diagnosis, treatment planning, ordering or interpreting tests, prescribing, or other responsibilities within the nurse practitioner's authorized scope of practice. The expert's specialty, patient population, clinical experience, licensure, and applicable state scope-of-practice rules should correspond to the care being addressed. Additional expert-qualification requirements may also apply under the law of the jurisdiction where the case is being litigated.

Hospital policies can document the procedures and expectations a facility established for matters such as patient assessment, monitoring, medication administration, documentation, communication, and escalation of care. Depending on the jurisdiction, those policies may be considered with the clinical record, professional nursing standards, expert testimony, and other evidence relevant to the applicable standard of care. A hospital policy or a deviation from it does not necessarily establish the legal standard of care or prove negligence by itself.

The nurse's qualifications should fit the specialty, care setting, patient population, and specific nursing practices involved in the allegations. Relevant considerations may include education, licensure, current or recent clinical experience, familiarity with the procedures and professional standards at issue, and the knowledge or experience needed to address the disputed nursing conduct. Counsel should also confirm that the nurse satisfies any jurisdiction-specific expert-witness requirements and can explain the clinical basis for the opinions clearly and reliably.