Posts by Nursing Law Center
▪︎ Do You Have What It Takes to be a Good Expert Witness? An Attorney’s Guide For Nurses Who Want to be an Expert Witness.
As an attorney who hires medical and nursing experts, and testifies as an expert myself, I can tell you this: most nurses who are curious about expert witness work are far closer to being qualified than they think—but many are not prepared for what the job actually requires. Expert witness work isn’t just about having…
Read More▪︎ Preventing the Preventable: A Legal Guide to the CMS “Never Events.”
“Never Events” – What They Are and Why Nurses and Legal Nurse Consultants Need to Know and Understand Them. ⚠️ What Are “Never Events”? “Never Events” is a term coined by the National Quality Forum (NQF) to describe serious, preventable, and clearly identifiable medical mistakes that should never occur in a healthcare setting. They represent…
Read More▪︎ Preventing Patient Falls: Legal and Clinical Lessons for Nursing Professionals
By Laurie Elston, JD, RN – Nurse Attorney and Legal Educator An estimated 50% of nursing home residents experience at least one fall each year. Falls are not only a leading cause of morbidity and mortality in the elderly but also among the most common bases for negligence claims against nurses and health care facilities.…
Read More▪︎ Case Study with Legal Lessons: BON Charges for Inadequate Nursing Assessment
The Board of Nursing recently filed charges against 2 registered nurses for gross negligence and incompetence for their failure to provide appropriate care for a patient c/o chest pain. Do you think the facts support the charges? 📑 Facts: RN #1 was employed as the stroke team lead/emergency medical services registered nurse in the emergency…
Read More▪︎ Case Study: Did this nurse act with “Deliberate Indifference” in her care and treatment of the patient? – With both legal and medical insights.
Wisconsin prison nurse (Becky RN) was sued in federal court under 42 U.S.C. §1983 for “deliberate indifference” to a serious medical need, following a prisoner’s ruptured appendix. The case provides valuable insight into legal risks, standards of care, and best practices for nurses — especially in correctional health settings (but other settings as well). 🧾…
Read More▪︎ 🤖 Artificial Intelligence (AI) is Reshaping Healthcare and Law
Artificial intelligence (AI) is no longer a futuristic concept—it’s rapidly becoming a game-changing tool in both healthcare and the legal profession. AI offers powerful ways to enhance research and writing with efficiency and accuracy. But it also introduces new ethical responsibilities and professional considerations – because it does make mistakes! I know because I use…
Read More▪︎ Case Study with Medical and Legal Insights: Blood Clot Misdiagnosed as Sciatica in ED Resulting in Leg Amputation and $28.8M Verdict.
In this ED misdiagnosis blood clot case study, the plaintiff, a 35-year-old man, presented to the emergency department (ED) of a General Hospital on March 7, 2015, with complaints of back pain and a cool, discolored left foot that was turning “purplish” [per plaintiff’s counsel description. However, medical records document “discoloration”.] He was triaged by a…
Read More▪︎ Avoiding Impeachment – Deposition and Trial Tips for Nurses and Expert Witnesses
Impeachment is the legal process of attacking a witness’s credibility by exposing contradictions or mistakes. In practice, opposing counsel will scrutinize your earlier statements (in reports, depositions or prior cases) to find any inconsistency with your trial testimony. In other words, if you testify one way at a deposition or in a report or in…
Read More▪︎ Top 5 Reasons Nurses Are Disciplined by Boards of Nursing and Case Examples
Understanding the top reasons behind nurse disciplinary actions can help protect your license and professional reputation. In this post, we explore common disciplinary triggers and real case examples to help you avoid similar outcomes. #1. Unprofessional Conduct: This broad category covers behaviors that violate ethical standards, including falsifying records, breaching patient confidentiality, or engaging in…
Read More▪︎ The Most Frequent Reasons Nurses Are Sued for Malpractice
Nursing malpractice lawsuits often result from preventable mistakes. In this post, we explore the most common causes and how nurses can reduce risk. Top Causes of Nursing Malpractice Lawsuits These failures to act as a reasonably competent nurse would have most commonly resulted in the patient’s death or pressure injuries. Less common were infections, fractures…
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