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Consulting Can Be Criminalby Laurel Grisbach, RN
Rule #1: Prepare Yourself for SuccessMy journey to "fame" as a legal nurse consultant started with the arrival of the postman on my day off. As I halfheartedly went about my routine household chores, I found myself anticipating his arrival, always a pleasant morning break. I was not disappointed. Among the catalogs, bills and junk mail, I found a bright flyer from one of my favorite seminar speakers, Vickie Milazzo! Before I could think twice, the check had filled itself out. Not bad only a few minutes after my letter-bearing friend's departure, and I had spent a significant sum of money.Suddenly, I was overcome with uncertainty. How could I justify yet another seminar to my husband? You see, I am a seminar-holic. For years I've been absorbing ways of using my nursing skills other than direct patient care. I return home from these sessions bursting with enthusiasm. Next thing I know, I'm so involved in the vicious circle of daily existence I have neither the time nor the energy to plan my career change. My spouse, understanding and supportive as he is, has grown tired of hearing my "Think of This Seminar as an Investment in Our Future" approach and is more than ready for me to put all this education to use. I finally convinced my husband to back me for "just one last seminar." This time I promised to make a concerted effort to launch my medical-legal consulting practice by:
Rule #2: Just Do It!Once the seminar was over and I'd followed this action plan, the hard part began. Three words came to mind: "Just do it!" I've been told that I exude confidence and authority, and I've never doubted that I could be a good consultant. Behind that brave façade, however, I wanted to evaporate, especially when confronted with two undeniable facts:
While trying to pick a lawyer to be the lucky recipient of my first introductory packet, I recalled the name of the prominent attorney defending one of the officers in the Rodney King/LAPD federal trial. I realized I had only a "snowball's chance" of getting a response from him, but then again, what if I did? I "just did it" and sent him my letter of introduction. Two weeks later I had not heard a word. (In retrospect, I should have followed up on my mailing.) I had promised my husband an all-out effort, and that was what he was going to get. I requested the roster of the Trial Lawyers Association and began sending out packets. I told myself this was good therapy, as it gave me a new reason to look forward to my postman's visits. Rule #3: Get Ready to Get Lucky(If You've Followed Rules 1 and 2)After a month, I'd almost given up on the Rodney King attorney. Then after a horrific day in the ER, I picked up the kids at the sitter and made my 1 ½ hour drive home. In my mailbox I found a thick manila envelope. I could feel my face flushing the moment I realized I was holding the medical records of Rodney King! This was unbelievable. I had just landed what was possibly the most controversial case of the decade. I couldn't wait to call everyone I knew and share my good news. Now what? What if I didn't have anything new to offer the attorneys that they had not already learned during their extensive preparation for the state trial? Rule #4: Make a Plan and Follow ItWith reality staring me in the face, I settled down and formed my game plan. First step review King's medical records and make a detailed report for my new client. My approach to interpreting the records was wide open. The attorney's only request was that I help in any way I could.As it turned out, my initial fears were unfounded. A quick glance at the records revealed many holes in the charting and virtually no nurses' notes. Yet none of the physician experts on the state's side had touched on my observations. From the outset, two main points struck me about King's records: the relatively minor physical injuries he actually sustained and the massive variations from standards of care during the initial emergency treatment. My report included the following findings:
Rule #5: Use Every Resource to the MaxI considered myself somewhat of a sideline expert on this case as I had watched most of the first trial on "Court TV." I was aware of the types of information provided by the mega-buck physician experts. The only area already covered in-depth was how King's fractures could have occurred from a fall or a beating. My familiarity with the previous TV coverage confirmed that the field was wide open for my observations.After finishing my report, I scheduled a meeting at the law firm to go over my findings. For two hours the attorney listened intently as I pointed out the most basic nursing practices and observations of which he was totally unaware. (What is a late note? Do emergency records generally have late entries? What does it mean when a nurse draws a line to the end of a page and writes her initials?) My training in Vickie's seminar was absolutely correct: Pieces of information that seemed simple and basic to me were important news to an attorney who had never taken Nursing 101. The Bottom Line: The Launch of a New CareerThroughout the medical testimony in the federal trial, I was used as a consulting expert in the courtroom. I helped the attorney compile questions to ask during cross-examination. My questions brought out many points that made a definite impact on the opposition. The thrill of throwing the prosecution off balance made staying focused difficult it's tough not to become engulfed in courtroom strategy when your opposition is frantically shuffling through records to locate some "overlooked detail" you've just helped bring to their attention.The King case has been called the most publicized trial in 50 years, and I found the immensity of it overwhelming at times. The awe of sitting "in the well" with four of the nation's finest prosecuting attorneys, four highly regarded defense attorneys and four famous defendants will stay with me for years. Do I feel the police were guilty? It doesn't matter what I think that was for the jury to decide. My role was simply to explain the medical records in layman's terms and convey what those records meant to the attorney's case. Have my efforts paid off for the attorney and his client? I hope so. I do know my attorney-client is now sold on using legal nurse consultants and has been quick to share his discovery with his colleagues. He also plans to present my report to the Los Angeles City Council in an effort to convince them to allow a civil trial, rather than to settle out of court for $5 million. If I am instrumental in saving the city and taxpayers a significant payout, all my efforts would certainly be worthwhile. As far as my career is concerned, now that I have successfully completed my first criminal case, I look forward to my role in the Rodney King vs. City of Los Angeles civil trial. The bottom line is this: I upheld my end of my bargain with my husband, so you will probably see me around another nursing seminar in the L.A. area. (Now I can afford to pay for it with my own money.) Just look for a tall blond wearing a big grin and telling everyone, "Just do it!" |
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