Clarity Liaison Legal Nurse Consulting

09/29/2023

Untangle Non-Compliance from Non-Adherence

When a client’s motive for not following medical guidance is brought into question, you will undoubtedly hear the term non-compliance thrown around. This word holds an incredibly strong negative connotation and can impair a person’s reputation simply by association. Though not intentional, even the jury and others in the courtroom may have unfavorable pre-conceived ideas about this label and this could influence outcomes. When faced with an accusation of non-compliance, it is extremely important to understand that non-compliance is not always an accurate description of a client’s behavior.

According the the Merriam-Webster Dictionary, the term non-compliance means the failure or refusal to comply with something. This definition appears to assume a willful disregard for that which is to be obeyed or “complied” with. In contrast, non-adherence is defined as “a lack of adherence”. Unless there is intentional non-adherence, it is NOT equal to non-compliance.

When investigating to determine which term most accurately fits the situation, you must know WHY the medication, treatment, instructions, etc. were not followed. It may come as a surprise to learn a few of the reasons for non-adherence that initially appear to be non-compliance are as follows:

✳️ A language barrier
✳️ Hearing loss
✳️ Inability to read
✳️ Discharge instructions or other instructions not
provided
✳️ Contradictory advice from another healthcare
provider
✳️ Cognitive impairment
✳️ Certain mental disorders
✳️ No transportation

While the preceding list is not all inclusive, it paints a clear picture of how easily non-compliance can be assumed when it is most certainly not a factor. Your client depends on you to look deeper into those medical records and be prepared with a logical response.

09/23/2023

Don’t let the burden of proof of pain damages become a pain to your personal injury practice.

Pain: It’s subjective and experienced by the client alone. Because it’s not yet able to be objectively observed to the untrained eye, a common litigation defense tactic consists of denying that pain exists at all. How can a plaintiff attorney defend such an intangible subjective experience?

Did you know that pain is objectively assessed every day by trained health care providers? Yes, there are actually objective pain scales that are used to determine a patient’s level of pain. Unfortunately at this time, the only approved objective pain scales are limited to children (e.g. Wong - Baker Faces Pain Scale) or adults with cognitive impairment (e.g. PAINAD). However, mentally intact adults are limited to self participation with subjective pain scales only. Why is that?

If pain can be objectively observed in two populations (children and cognitively impaired adults), then it is arguable that it can be observed in all populations. While an acceptable objective pain scale has not yet been created for all, there are multiple signs and symptoms that trained healthcare providers know to look for. These are triggered by the autonomic nervous system and cannot be faked.

Because pain damages are common in personal injury litigation, It is vital that your practice is prepared to rebut defense claims of faked pain.

09/18/2023

It’s time for Monday’s Myth 🧐: A CLNC can only practice within the state he/she is licensed as an RN. This is a untrue! A CLNC may lawfully practice as a CLNC in any state within the US in person as well as remotely. Don’t let this popular belief prevent you from hiring out of state. 😄😄

09/17/2023

Welcome! Attorneys, I'm ready to take on your most challenging personal injury, worker's compensation, medical malpractice, toxic tort or other cases related to illness/injury. Contact me today and learn how we can excel together!

Welcome back to the intersection of medicine and law.  You've been here before, and it's growing more complex as time passes and technology advances.  Allow us to maneuver through the medical red tape of regulations, standards, terminology,  complicated electronic medical records as well as exper...

09/17/2023

In general, what has been the most challenging personal injury or medical malpractice case of your career? What made it so?

09/17/2023

What does a CLNC do?? 🤷‍♀️ I’m glad you asked! We are registered nurses with extensive legal training. Although not attorneys, we understand law and our roles within it. There are MANY services that we can provide!

Most often, we are called upon behind the scenes and save our attorney clients time and money by analyzing cases for merit, quickly and efficiently getting in and out of those tedious medical records and turning confusing medical terminology and provider documentation into an easy to follow narrative or chronological timeline formats. We can quickly pinpoint the applicable information within the medical records based on your theory. We know what should be in the records, what shouldn’t be there and what is downright missing.

Services depend on each attorney’s specialty and what we are asked to focus on. We can assess damages and causation, duty and breach of duty, standards of care and deviations, and so much more. Give me a call, message or email and learn how I can be of assistance to your practice.

09/17/2023

Welcome everyone! I’m Andrea M. Smith, RN, BSN, CLNC, BCHH-C, COS-C. Attorneys, are you getting buried under a high caseload related to personal injury, worker’s compensation, medical malpractice, toxic tort or other illness/injury? I’m a phone call or email away! I can help your team sift through the hundreds of pages of medical records, policies and procedures, red tape and other hurdles faced during the pre-litigation and litigation phases. Try us free on your first case! Please visit our website for details. I look forward to hearing from each and every one of you!

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