BMR Consulting PLLC

06/06/2023

Cancer Survivor wins millions in discrimination suit for wrongful termination

Here is an example of a case where a legal nurse consultant could assist an attorney in order to maximize the settlement.

Legal nurses can analyze any case in which medical records are involved, produce demonstrative evidence and find expert witnesses.

Linda O’Brien had shingles due to a weakened immune system from treatment and asked to work from home to protect her co-workers. Two days later, she was fired.

05/22/2023

I found this article very interesting.
I used to work in an Emergency Department that at a minimum had 1 Physician and 1 Nurse Practitioner or Physician's Assistant on at all times. From what I observed, the physician always had to sign off on the NP or PA's notes or evaluated the patient themselves. I think on more critical cases, the physician decided to care for the patient. I can see how this becomes a slippery slope when an advanced provider is considered autonomous or when the physician is not paid for a supervisory role or does not have the time.
The take-away message for me was in the last paragraph:
"Physicians can reduce collaborating NPs' and PAs' liability by properly training them, by verifying their scope of practice, by making themselves easily available for consultation, and by occasionally seeing their patients. If their NPs and PAs do commit malpractice, supervising physicians may be able to protect themselves from liability by adhering to all requirements of the collaborative agreement."

Even as states eliminate supervision requirements for advanced practice clinicians, physicians are often named in malpractice lawsuits when they employ or manage them.

05/08/2023

Failure to monitor high fall risk ICU patient

This case study is lengthy but provides good insight into why providing good patient and family education on fall prevention measures is so important. The documentation between physical therapy and Nursing appears to be different, which could also pose a liability.

Additionally, if a patient appears confused or might need assistance during a task, it is safer to stay with the patient or delegate to a nursing assistant if appropriate.

In the case when an injury does occur, prompt notification of changes to the provider and documentation of provider notification is always key.
This case is an example of where a Legal Nurse Consultant could be helpful in reviewing the medical records and providing assistance in identifying standards of care or policies and procedures that were breached for the plaintiff. For the defense, the Legal Nurse Consultant could assess areas where the RN was compliant and assist in minimizing damages.

The insured registered nurse (RN) was working in an adult care neuro-intensive care unit (Neuro-ICU). The Neuro-ICU was located inside a progressive academic research hospital that utilized continuous video monitoring capabilities in all of the intensive/critical care units, as well as the emergency...

04/24/2023

She had invasive surgery after Idaho Dr. Ryan Cole misdiagnosed her. Now she’s suing.

This article clearly articulates one of the reasons I am motivated to be a Legal Nurse Consultant. I can not imagine receiving a cancer diagnosis and then receiving invasive surgery, to then find out that the original pathology report was wrong.

When I worked in the clinical setting it was an expectation to read through all of the labs and diagnostics; not to diagnose but to ensure that I am in alignment with the physician. Physicians are human and can make errors too. There have been times when maybe a physician mixed up reports between patients and it was imperative that I speak up for safety.

I can not speak to pathology reports, however, in this case the diagnosis was unequivocal, so there was no reason for second opinions or to question results. Additionally, the patient was motivated to get started with treatment.
People trust healthcare workers and when things like this happen, people start to mistrust.

There is a piece with the physician and unproven claims regarding COVID. I feel that is a whole other topic. I feel as we continue to learn more about COVID, the treatments and the vaccines more will come to light. It's only been about 3 years and we all know some research studies can take up to 10 years or more to complete.

Here's the article:

A woman from Ada County is suing Dr. Ryan Cole over a cancer misdiagnosis. The lawsuit makes claims similar to those in a Washington Medical Commission complaint against Cole.

04/20/2023

Misdiagnosis in Child Abuse Case Kept Mom From Her Baby For Months; Judge Says DCYF Delayed Second Opinion

When I read this story it brought tears to my eyes. As healthcare providers, we are mandated reporters. I was advised in the clinical setting "It is not our job to prove abuse, it is our job to report if we suspect." And it is always safer to have a report filed and nothing is wrong, as opposed to not reporting and the child continues to be abused.
However, in this case "The diagnosis of child abuse has been made by an overzealous child abuse pediatrician who discounted and disregarded the totality of findings." As a Legal Nurse Consultant, it is our job to look at the overall case and find the "cracks" or inconsistencies. So, in my current role this story motivates me to continue to pursue justice and keep an open mind.
As a mother, I can only imagine being away from my child and being wrongly accused of abuse. And it is so hard when people have these situations and lose faith in healthcare.
To read more:

A baby boy is rushed to the hospital with multiple broken bones. Pediatricians say it's child abuse, but his mother insists they are wrong. State law says she was entitled to a second opinion, but state officials took custody of her baby without one: "I missed all the milestones."

04/18/2023

What did the lawyer name his daughter?

Sue.

I know it's so cheesy but I like a cheesy joke 😀