Overcoming Risks in Legal Nurse Consulting

Overcoming risks in legal nurse consulting is a key factor in success as an LNC.

Attending a Defense Medical Exam (DME) as a Legal Nurse Consultant (LNC) can be complex and risky. This post focuses on navigating the process, from the waiting room to the exam room, to ensure a smooth experience for all parties involved and minimizing risks.

What to Bring

Ensure you have the following items with you on the day of the exam:

1. Two copies of the response
2. The state’s code governing attendance at DMEs, if not already in the response
3. Cell phone and the phone number of the law firm and attorney who hired you
4. Something to document notes
5. A list of tests that should be performed for that specialty
6. Your business card
7. A recorder, if permitted by state law
8. A copy of the letter stating the time of the exam

Introducing Yourself to the Receptionist

Upon arrival, present your business card to the receptionist. This establishes your identity and role and ensures that the DME physician can record your presence.

In the Waiting Room

Make the client comfortable and introduce yourself, especially if they do not recognize you from the preparation session.

If an interpreter is needed, ensure they understand your role and how you will assist the client during the exam.

When that person arrives, ask, “Can you let the client know I am the nurse their attorneys hired?” The interpreter reminds the client of what to do and not to do. Reassure them that you will be there to assist and intercept any questions they are not supposed to answer, thereby reducing their risks.

When the Client is Early

If the client arrives early and enters the exam room before you arrive, report the situation to the attorney.

Miscommunications about the exam time or the presence of an LNC can lead to such situations.

The opportunities for miscommunication can occur:

1. If the client hasn’t talked to the nurse before the day of the exam
2. If the client doesn’t know the nurse is coming
3. The doctor doesn’t know that the nurse is coming or
4. If there was a miscommunication at the starting time,

Using DME Laws to Manage the Exam

Paperwork Requirements:

Know the state’s regulations regarding client completion of DME examiner’s documents. Ensure that clients do not sign any documentation if not required by the state.

Encountering Resistance:

If you encounter the risk of not being allowed at the exam, politely explain your role and cite relevant state regulations. Educating the staff about your rights can often resolve the issue.

Appointment Time

In some states, exams must start within a specified time frame after the scheduled time. If this is not the case, alert the receptionist and show them the regulation. This typically prompts the exam to begin promptly.

Navigating the entry into a DME exam as an LNC requires preparation and knowledge of relevant laws and regulations. By ensuring compliance and clear communication, you can effectively fulfill your role and support your client throughout the examination process.

LNC Navigating Entry at a DME

More Strategies to Get In the Doctor’s Office

Building Relationships:

Develop relationships with the receptionists and office staff. Being friendly and respectful can go a long way in gaining their cooperation.

For example, Building Relationships: “Good morning! I’m here to assist Dr. Smith with the examination today. We’ve worked together before, and I’m here to support the process.”

Providing Information:

Explain your role and how you can assist the doctor or their staff. Providing information about the legal case and the importance of your presence can help them understand your purpose.

For example, “I’m a Legal Nurse Consultant, and my role is to ensure that the examination is conducted fairly and accurately. I can provide valuable insights and assistance throughout the process.”

Offering Assistance:

Offer to help with tasks or provide information that may be useful to the doctor or their staff. This can demonstrate your value and make them more receptive to your presence.

For example, “Is there anything I can help with today? I’m here to support the doctor and the staff in any way I can to ensure a smooth examination process.”

Educating Staff:

Provide training or information sessions for the office staff about your role as an LNC and the legal process. This can help dispel misconceptions and increase their comfort level with your presence.

For example, “I’d like to offer a brief training session on the role of a Legal Nurse Consultant and how I can support your team during examinations. Would that be of interest to you?”

Offering Benefits:

Highlight the benefits of having you present, such as improved communication, documentation assistance, and compliance with legal requirements.

For example, “Having me present can help ensure that all necessary information is documented accurately and can provide additional support to both the doctor and the patient.”

Leveraging Connections:

If you have connections or referrals from other healthcare professionals or attorneys, use them to establish credibility and trust.

For example, “Dr. Smith, I’ve worked with Dr. Johnson in the past, and he recommended that I assist you today. He spoke highly of the support I can provide during examinations.”

Being Persistent:

If you encounter resistance, remain persistent but respectful. Continue to advocate for your presence and its benefits to the examination process.

Access to doctor’s offices as a Legal Nurse Consultant (LNC) is crucial for ensuring the smooth conduct of defense medical exams (DMEs) and providing valuable support to clients and attorneys. However, navigating these environments can sometimes be challenging, requiring strategic approaches and effective communication.

This post explores various strategies that LNCs can use to access doctor’s offices and maximize their impact during DMEs, and overcome the risks of being barred from entry.

Conclusion

Accessing doctor’s offices as an LNC is not just about physical entry; it’s about building relationships, providing value, and advocating for your role. By employing the strategies outlined in this article, LNCs can enhance their effectiveness, improve communication with healthcare providers, and ultimately contribute to the fair and accurate conduct of DMEs.

Overcoming risks of legal nurse consulting means doing things that are a bit scary, a bit beyond your comfort level. Without taking risks, you cannot grow. Life is too short to remain static.
I have a new course c0-taught with Silvia Aninye RN, AS, FCM, CLN. called Defense Medical Exams Made Easy. Get the details here.