The intersection of healthcare and law results in a specialized field known as forensic legal nursing. Forensic legal nurses are registered nurses with training and expertise in both nursing and legal systems as related to crimes. Their unique skill set allows them to provide crucial support in legal cases. Forensic legal nurses assist attorneys with analyzing cases, testifying as experts, evaluating and interpreting medical records, and explaining evidence collection and preservation.
Case Analysis and Strategy
Forensic legal nurses contribute to case analysis and strategy development by offering a medical perspective on the evidence. They assist attorneys in understanding the implications of medical records, identifying discrepancies or inconsistencies in testimony, and evaluating the potential impact of medical evidence on the case.
The forensic legal nurse’s involvement can help attorneys develop a more informed legal strategy. For example, a forensic legal nurse can provide insights into typical patterns of injury seen in domestic violence or child abuse cases and help attorneys understand the long-term effects on the patient’s health. This information can be used to strengthen arguments, challenge opposing claims, and make informed decisions about how to present the case.
Example
In the midst of a tumultuous divorce, Kim alleged that Tom had entered her bedroom while she slept and had beaten her with a broom handle. To support her allegations, she presented medical records from her emergency department visit two hours after the time she claimed to have been assaulted. She provided pictures of bruises on her abdomen, arms, and legs taken while in the emergency department.
After requesting all of Kim’s medical records and reviewing her medical history, the forensic legal nurse testified at deposition:
1) Kim was on the blood thinner medication called Lovenox, which could have contributed to her extremity bruises
2) The bruises ranged in color from red to yellow, which indicates various stages of healing
3) Kim had long manicured fingernails, and none were broken in the pictures, as would be expected with defensive movements.
4) Kim had no major defensive wounds, such as fractures to either upper or lower extremities, as would be expected from a lying down position
5) Most notably, Kim had recently undergone a hysterectomy with abdominal surgery, which could have contributed to abdominal bruising.
Upon hearing the evidence explained from the forensic nurse expert’s perspective, the District Attorney chose not to pursue the case.
Expert Testimony
Forensic legal nurses often serve as expert witnesses in court. Their medical expertise allows them to explain complex medical and forensic concepts to judges and juries clearly and comprehensibly. When testifying, forensic legal nurses can provide insights into the nature of injuries, the typical healing process, and the implications of certain medical findings.
Their testimony can be instrumental in establishing the credibility of evidence and clarifying medical issues that may be outside the expertise of the average juror. For instance, if a case involves severe physical trauma, a forensic legal nurse can explain how such injuries are consistent or inconsistent with the alleged cause, which can significantly impact the case’s outcome. Likewise, if a case involves allegations without injuries, a forensic legal nurse might opine on the lack of evidence.
Example
Allison presented to a rape crisis center requesting a forensic exam and Plan B, commonly referred to as the “morning after” pill for emergency contraception. Two weeks previously, her estranged husband Jeremiah had been served with divorce papers after an eight-month separation. Something caused Allison to awaken during the night, and she groggily went to the kitchen for a drink of water, where she found Jeremiah waiting for her. He proceeded to forcefully rape her three times over the course of several hours. Jeremiah was very angry with Allison and expressed his belief that their divorce could cause his deportation. He knew that Allison did not take birth control pills and told her that he had purposefully waited until she should be ovulating to rape her. He stated, “We are going to have a beautiful baby together, so you will stay with me and I won’t be deported.”
During the trial, the forensic legal nurse testified:
1) The majority of sexual assaults are instigated by a person the victim knows
2) More than half of female victims report being raped by an intimate partner
3) Greater than 60% of sexual assault cases have no visible physical injuries
4) The forensic narrative report given by the victim at the time of the exam collaborated with other statements and findings.
5) Reproductive coercive control is associated with higher levels of intimate partner violence (IPV) and greater danger
The defendant changed his plea to guilty, served less than three years, and was eventually deported.
Medical Record Analysis and Interpretation
Forensic legal nurses use their specialized knowledge to review, analyze, and organize medical records for attorneys’ legal cases. They meticulously examine patient charts, treatment histories, and diagnostic tests to identify information pertinent to a case. During this review, a forensic legal nurse assesses the accuracy and completeness of the records, noting inconsistencies and areas needing expert witnesses’ opinions and identifying missing records.
By correlating medical findings with legal issues, the forensic legal nurse helps attorneys understand the implications of the evidence in relation to the claims or defenses. This analysis not only aids in crafting legal strategies but also ensures that any medical evidence presented in court is thoroughly evaluated and contextually relevant.
To read the rest of this chapter, please go to http://LNC.tps/BuyMRA3 to get a copy of our new text.
Meet Jenelle Lea in our podcast aired for Legal Nurse Podcast. Watch her video here.
Jenelle Lea holds a bachelor’s degree in nursing and a master’s degree in finance and has a specialty certification in Emergency Nursing, Legal Nursing, and Forensics. She has over 30 years of clinical nursing experience in the Emergency Department, Intensive Care Units, Forensics, and in Emergency Medical Services (EMS). She maintains current clinical practice as an ICU and ER nurse. She also provides forensic nursing care at a community-based rape crisis center as a sexual assault nurse examiner.
Pat Iyer is president of The Pat Iyer Group, which develops resources to assist LNCs in obtaining more clients, making more money, and achieving their business goals and dreams.
Have you heard the most recent podcasts on Legal Nurse Podcast? The show is in its 9th year, putting it in the top 1% of all podcasts for its longevity. Watch our podcast on YouTube at http://LNC.tips/YouTube.
Join our Facebook group, LNC Business Growth Circle, to be part of our LNC community.
Pat’s related websites include the continuing education provided on LNCEU.com, the podcasts broadcast at podcast.legalnursebusiness.com, and writing tips supplied at patiyer.com.
Get all of Pat’s content in one place by downloading the mobile app, Expert Edu on the Apple app store or on Google Play for Android phones