expert witness

Most Certified Legal Nurse Consultants consult with attorneys behind the scenes and never testify on a single case. Despite the fact that you can build a very successful CLNC^® business without serving as an expert witness, I always encourage CLNC^® students to be open to this amazing and challenging experience.

I wanted to share how three Certified Legal Nurse Consultants regard testifying. These three experiences literally took their breath away.

I remember how scared I was to take on being a testifying expert when I became a Certified Legal Nurse Consultant. I knew that I could support my opinion, but was I ready? Having been an obstetrical nurse for over 15 years, I was sure that I was an expert. I just had to do it. I met with my attorney-client the day before I was to testify and we went over what to expect. This was my first deposition and he knew it. I asked him questions until I felt like I was ready.

The next day I arrived ready, but nervous, for my deposition. The deposition was over three hours long. I felt very confident and kept saying in my head, ‘I know so much more than the attorney does about fetal monitoring strips.’ When the deposition ended my attorney-client looked at me and said, “Wow! That was great. I don’t know how you prepared for this but you did a great job!” It was at that moment that I knew my training from Vickie and her Institute had really paid off. I truly believed I could do anything. I had given my first deposition and now I had the fever! Bring on the next one!

– Dorene Goldstein, RNC, CLNC

I was defending a nursing home as an expert witness. The plaintiff attorney had been a nurse. The expert witness for her case was also a nurse with impressive credentials. What she lacked that I possessed, however, was real, on-the-job experience working as a nurse in nursing homes. I was able to demonstrate actual knowledge of nursing responsibilities, documentation and experience with the nursing home medical record. I was able to prove to the plaintiff attorney that the allegations were not substantiated by the medical record. She was clearly frustrated and embarrassed during the deposition. The case settled.

I cannot express in words how exhilarating it is when you experience these breathless moments. They make me realize what a great profession legal nursing consulting is. As a Certified Legal Nurse Consultant I have chosen to make a difference in this world.

– Sandra Higelin, RN, MSN, CS, CWCN, CLNC

For three Administrative Law Judge Medicare hearings, the testifying physician was called away unexpectedly. The attorney elected to go ahead with the hearings without the testifying physician, provided that the Administrative Law Judge in question was willing to allow it, which, under the circumstances, he did. The RN testifying expert was unable to attend and the substitute nurse froze. So, I stepped up and agreed to be sworn in to testify. It was a matter of putting surgical procedures and the ramifications for the particular patient into layman’s terms for the judge to understand. Since this is done telephonically, there were no visual aids. My testimony helped us win all three cases!

– Camy Joyner, RN, CCM, CLNC

I’m excited to have Dorene, Sandra and Camy share their expert testifying experiences with nurses everywhere. It is clear they love what they do as Certified Legal Nurse Consultants. “We Are Nurses and We Can Do
Anything!^®”

Success Is Inside!

My most memorable case occurred when I testified for the very first time. I had been a Certified Legal Nurse Consultant for about a year. The case was a will contest. The client was the daughter of an elderly woman who had passed away in a skilled facility. About 72 hours prior to her death, the son (the client’s brother) had the will altered so that he would inherit most of the estate. The changes to the will were made by an attorney. The son then took the will to the facility and had his mother sign it with a notary (a friend of his) present and another witness (his sister-in-law). The estate was worth around $1,000,000.00.

My attorney-client hired me to review the medical records to search for evidence that the deceased was under undue influence when she signed the second will (based on the records and that 72-hour window). I reviewed the records and prepared my report. I found the mother was confused, too weak to hold a pen by herself, under the influence of strong sedating medications and hypoxic.

My attorney-client decided that his case depended on my assessment of the mother and her mental state during the time of the second will signing based on my findings in the medical records. I was called to testify. I was nervous so I rehearsed the night before.

There was a jury present to hear the case. The opposing attorney, of course, tried to tear me apart but I looked at the jury and relayed facts from my report in terms they could understand. He could not trip me up no matter how hard he tried. I testified that when the mother signed the second will, she had low oxygen saturations in the 70s and 80s with use of supplemental oxygen (the patient was a DNR by her choice). The impact of hypoxia on the brain, the effects of large doses of morphine and Ativan IV in regards to sensorium, the fact she had to be fed as she could not hold a fork or spoon and probably not a pen on her own, and the nursing and rehab staff repeatedly charted the patient was confused and disoriented painted a picture of her mental state. I also pointed out the doctor who testified earlier that the client was alert and oriented was not the doctor who had seen her last based on the signatures in the chart. Furthermore no physician had assessed her during the 24 hours prior to her signing the second will. Thus, the testifying physician, although he was the PCP, would not have had first hand knowledge of her mental status at the time in question as did the nursing staff and rehab staff who actually assessed her during the time frame in question.

The final question that the opposing attorney asked was, “How much does Mr. M. pay you for your services?” I answered his question and he then said, snickering with a smug look on his face, “That is a little steep, don’t you think, for a nurse?” I started to reply and he cut me off. I looked up at the judge and asked calmly if I could answer the question. The judge told me to go ahead. I proceeded to tell the attorney that I had 24 years of nursing experience and had taken care of hundreds of dying patients. I explained what a CLNC^® consultant does and how I received my training, and I offered to give the opposing attorney my contact information. The jury was smiling at me. I then left the court room.

Later that evening I received a phone call from my attorney. He said, “You were fantastic, we won. The jury said your testimony sealed the case in our favor. By the way, on my way out, I patted Rob (the opposing attorney) on the shoulder and told him that is why I pay your consulting fee. He wasn’t laughing anymore, but fuming mad.” The daughter received her half of the estate as directed in the original will and the court determined the mother was not competent and was under undue influence when she signed the second will thus it was null and void. I have since worked for the opposing attorney.

P.S. Please comment and share your most memorable CLNC^® case.

Guest Blogger Profile

Stephanie D. Stanley, RN, CLNC owns SDS Legal Nurse Consulting Services, LLC in Virginia. Stephanie consults with attorneys on a variety of medical-related cases.