Legal Nurse Consulting Ezine
Legal Nurse Consulting Ezine





 











Vickie Milazzo Institute
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Houston, TX 77005-2448

www.LegalNurse.com
Phone: 800.880.0944
Fax: 713.942.8075

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Vol. 17, No. 9
April 28, 2006

  1. MY MOST MEMORABLE CASE – 2006 NACLNC® Contest Winner – Our First Case Was the Final Exam

MY MOST MEMORABLE CASE

  2006 NACLNC® Contest Winner – Our First Case Was the Final Exam
by Jan H. Boswell, RN, BSN, CLNC

EDITOR'S NOTE: Congratulations to 2006 NACLNC® Memorable Case Contest winner Jan Boswell. Her story of how she and her partner Joyce made over $7,000.00 on their first case and the six invaluable lessons they learned won Jan free tuition (a $750 value) to the 11th Annual NACLNC® Conference in San Diego plus hotel accommodations for three nights.


This case was memorable for many reasons, most importantly, because it was our first. My partner Joyce and I had been in business for about a month and had just sent out our promotional material. We were in the process of making follow-up calls when we heard from an attorney with one of the big law firms in our area. He was calling about a wrongful death case that he was trying with the senior partner. The senior partner is a legend around town. Everyone in the law community knows and respects him.

We Quickly Got Used to Being Treated with Respect

Needless to say, we were thrilled and a little nervous. Our first case would be with one of the greats. Our attorney-client wanted us to meet with him, the senior partner and their medical expert on Saturday morning. No problem. We packed our briefcases and put on our best (and only) business suits and the "We can do anything" attitudes Vickie taught us. We arrived at the meeting ready to work. We were escorted into the conference room and offered refreshments.

This is another reason this case was memorable: We were treated as professionals, as respected experts, as a valuable part of the team. This was treatment we could get used to in this business.

The wrongful death case involved a trucking company. The truck driver had suffered a syncopal episode and blacked out behind the wheel. His truck landed on top of a vehicle, killing the other driver. The widow was suing the trucking company.

Prior to the accident the trucker had complained of dizziness and chest pain and had been sent for a stress test. During the test he had ST depression and runs of SVT. He was not referred for further testing, and the trucking company continued to recertify him to drive.

The defense and their medical expert claimed the stress test did not show he had heart disease. They claimed that further testing was not necessary and that they were in the right to continue to certify the driver. Further, they claimed that his SVT did not predispose him to syncope and that he showed no signs or symptoms of syncope.

We Put All We Learned from the CLNC® Certification Program into Action

Our first job was reviewing the medical records and researching the signs and symptoms of syncope and SVT. We were also asked to determine whether the standard of care is to have a patient further evaluated after SVT and ST depression occur during a stress test.

The kicker was this: Our attorney-clients wanted our report by Monday – in only 48 hours. Did I mention there were at least three boxes of records? After clarifying our assignment, we quoted our fee and set to our daunting task.

We had taken the CLNC® Certification Program, passed the test and had Vickie's voice playing in our minds. This case would be our final exam. We'd have to put all we knew into action. This was the most memorable moment of our CLNC® careers.

After some discussion, we started with an Internet search and accessed numerous medical references. We decided to spend Sunday at the local medical library pulling articles and books. Then on Sunday evening we'd write our reports. Neither of us had done research at the medical library in a long time, so we did what any smart CLNC® would do – we made friends with the librarian. Soon we had a stack of books and journals. We scanned the material to determine what was relevant. We secured a library card, checked out what we could and copied the rest. (We had thought to bring plenty of change for the copy machine.)

Then it was off to the office (my kitchen table) to write the reports. Anyway, that's what we thought. As we got into the car, my cell phone beeped. Our attorney-client wanted us to fax the reports that night. They would be working late so whenever we got through would be fine.

Joyce looked at me and said, "We don't even have a fax machine." My reply was, "Yes, we do. It's at Sam's Club."

By 5:00pm we were back at the office/kitchen table. I hooked up our brand new fax machine while Joyce began writing. Then I typed as she dictated. Two hours later we had summarized 15 articles and faxed them to the attorney.

This is another reason this case was memorable. We were just doing it. No excuses. No letting them know we didn't have it all together. Like Vickie says, we could do and were doing anything.

We Got $100 an Hour Without the Attorneys Batting an Eye

In less than 48 hours I was back at the attorney's office. We were still working full-time, and Joyce was on duty, so I went solo. This time I wore a different blouse with my business suit, and my briefcase was packed with our completed work product.

I reviewed the report with our attorney-clients. They gave me Department of Transportation (DOT) manuals about symposiums on cardiovascular and neurological symptoms. They wanted these manuals summarized since they related to when the truck driver should have been denied recertification. Before leaving, I presented them with a contract and received two important things: (1) a check for our $1,600 retainer; and (2) a signed contract.

This is another reason the case was memorable. We learned that attorneys have no trouble paying for the work of a professional. We got $100 an hour without our clients batting an eye. We were working as CLNC®s. We were doing it and we were doing it well.

We Are Nurses and We Can Do Anything!®

Back home, after shedding my power suit and taking a power nap, I started reading through the DOT manuals, highlighting and making notes as I went. By Wednesday I had finished and faxed the results to the attorney.

Between Monday and Wednesday, my asthma had started to flare. So Wednesday after I faxed the material, I went to the doctor's office for a breathing treatment – right about the time the attorney-client called on my cell phone. I returned the call, never letting him know I was under the weather. We reviewed what I had sent him on the phone and set up a meeting for Monday.

Again, this case was memorable because we were just doing it all and never letting the attorneys see us sweat. We acted the part of professionals – we were becoming professionals. Vickie is right – We are nurses and we can do anything under any circumstances.

Paralegals Can Never Take the Place of a CLNC®

Even though I had to work the weekend at the hospital, I was still prepared on Monday and the meeting went well. Everyone seemed pleased with our work. It seemed to be making a big difference in their case.

About a week later, we got our final task for this case. The paralegal faxed us a list of the published works of the defense medical expert. Our attorney-clients wanted us to research these articles and find contradictions between the expert's published words and his position on this case. This sounded easy. We had already reviewed his deposition, so we knew his opinions. But the expert was a professor at the local medical school and lived by the adage, "Publish or perish." He had written more than 600 cited articles, textbook chapters, etc.

We went through the list and narrowed it to just over 70 citations we thought might apply to our case. Then it was back to the medical library, where we read the abstracts of the journal articles, skimmed the textbook chapters and narrowed the list again to 37 relevant references.

After stops at the checkout desk and copy machine (again, with our plentiful supply of change), we went back to the office (kitchen table) and split up the material. We summarized the articles, typed the report and faxed it to the attorney's office. We followed up by delivering hard copies.

This part of our work on the case was memorable because it highlighted the difference between CLNC®s and paralegals. We had the knowledge to understand which articles were relevant and which weren't. We completed this task in about one third the time it would have taken a paralegal, and we gave the attorney exactly what he needed – as no paralegal could deliver. The paralegals were grateful to have us as part of the team.

A Memorable Verdict Earned Us Memorable Praise

While we were at the NACLNC® Conference, we called the attorney-client. We wanted to make sure he had everything he needed from us while we were out of pocket for a few days. Also, we wanted to be sure he was pleased with the quality of our work product. He described our work as excellent and said, "The medical research was just what we needed to make our case. You also took their expert's own words from his depositions and published works and showed inconsistencies." Wow, now that's memorable.

The case went to trial and even made the local papers when the jury awarded the plaintiff $12 million dollars. The senior partner said we were invaluable in helping them achieve this verdict. Again, that's memorable.

We Passed the Final Exam

We received over $7,000.00 for our work on this one case. But the six lessons we learned were priceless.

  1. We experienced the legal system firsthand with the most prominent attorney in our area and learned how important CLNC®s are to the attorney's case.
  2. We learned to "just do it" with no excuses. We met horrendous deadlines without complaining or letting our attorney-clients down.
  3. We learned to always have a game plan. We took our assignment and broke it down into smaller tasks. That was especially important when we had over 600 articles to review. With that approach even the biggest task can be tackled with ease.
  4. We learned how to interact professionally with attorneys. We dressed in our business suits, communicated professionally, and never let them see us sweat.
  5. We learned how to run our business. We learned that building a business is hard work requiring sacrifice. We chose to make the sacrifice and learned that it's definitely worth it.
  6. Finally, we learned that we love this career and that being a CLNC® is fun. The senior partner once said, "Isn't this fun? I love my job." My answer was, "Yes, this is fun. I love my job too." The work is both challenging and rewarding. We helped a family gain $12 million for a wrongful death. We made a difference. Maybe the trucking company will reconsider how they recertify drivers. Maybe the DOT doctors will be more careful in evaluating truckers.

After working this case, I would tell other CLNC®s to just do it. Stop making excuses. Don't wait until you have everything perfect. Take the fear you might have and use it to motivate yourself to just do it. Vickie has given you all the tools – it's up to you to use them.

Just make a plan and work that plan. You may have to work from the kitchen table at first, but that's a start. You may have to adjust as you go (like buying a fax machine at Sam's), but you can do it. You are the expert. You are a professional.

Finally, reward yourself. You will make sacrifices at the beginning and throughout your CLNC® career. You'll have to put in some long hours when a work product is due in 48 hours. You'll have to give up some time with family and friends to meet that deadline. After that report is turned in, remember to take time to pamper yourself and celebrate your CLNC® success with those you love. The next deadline will be easier if you have that joy in your soul.

The most important reason this case was memorable is this: We proved to ourselves that WE CAN DO ANYTHING BECAUSE WE ARE CLNC®s. We took every task our clients gave us, and we just did it and did it well. We turned in work product that was "excellent." We became successful CLNC®s. We fell in love with our new careers and found our passion. What wonderful memories!

Jan Boswell, RN, BSN, CLNC has been a nurse for 16 years. Her specialties are med surg and ICU. She co-owns Boswell, Donaldson & Associates in Alabama.

Send your most memorable case to feedback@LegalNurse.com.



Copyright © 1999-2006 Vickie Milazzo Institute, a division of Medical-Legal Consulting Institute, Inc.
All rights Reserved. ISSN: 1533-9564



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