Legal Nurse Consultant Business Plan

Legal Nurse Consultant Business Plan First form a good plan, Franklin, (1868 (1996) stresses. Then, for an individual to help ensure his/her businesses' success, according to Franklin, (1868 (1996), he/she needs to: "make the execution of that same plan his sole study and business." The objective of the study, to make a business plan or a feasibility study for establishing a Legal Nurse Consultant's Office begins with Franklin's contention: forming a good plan.

The following lists details related to attaining the goal of attaining a good plan: To study the history of the legal nurse consultant profession: their educational requirements and licensure to be able to practice; To look carefully into the trend of the profession in terms of future demands for this profession; To identify the different fields of specialization needed in the Legal Nurse Consultant profession and which field of specialization is more in demand; To know all the government requirements in establishing a Legal Nurse Consultancy Office; To identify the targeted clienteles: law firms, insurance companies, government agencies, hospitals, medical providers; To carefully study the different business structures of existing Legal Nurse Consultancy Offices, and draw from these data which business structures will fit an initial investment budget; To identify the different employees needed in setting up a Legal Nurse Consultancy Office: identify permanent positions and positions which can be held on a part-time basis; To research on the different salary schemes for each of the employees; To identify the criteria for an excellent site and size for an office; To study the different marketing strategies employed by existing Legal Nurse Consultancy Offices; To conclude a decent approximate figure of the amount needed in setting up a Legal Nurse Consultancy Office, i.e.

An initial investment, and a realistic amount of time needed for the return of investment (ROI), and; To look closely on the possibility of establishing a Legal Nurse Consultancy Office franchise after about five years of excellent operations. In his article, "Keys on developing the best laid business plans," Scott a. Clark (1999) compares developing a business plan to laying a tile floor:.". If one of the tiles is crooked, the floor is no good.

Clark's (1999) focus in his article is on securing financial investors; nevertheless his information proves a pertinent to any business plan. He proposes that the following "tiles" can hamper a promising a business plan: Insufficient market research: Questions to consider during the research process include: Who are your customers? How will you sell to them? Why will they purchase your product rather than Brand 'X' Talking with potential customers, as well as competitors helps a businessperson gain further insight.

Clark (1999) recommends that an individual contemplating starting their own business contacts the Small Business Development Center (SBDC) and the Service Corps of Retired Executives (SCORE) for support, help and additional resources. The local Small Business Administration (SBA) office can help a person locate these organizations. Ignoring the competition: Although assessing the competition needs to be part of a person's market research effort, this element is routinely overlooked in business plans.

Questions to consider when evaluating competition include: Who are your competitors? What do they offer (products, features and prices)? What are their strengths and weaknesses? How will you succeed in taking market share from them? A poorly focused plan. A person's business plan serves two purposes, Clark (1999) stresses, as it needs to be: An operating "bible" for a person's business, clearly stating how he/she will succeed, and tool to attract financing." Falling in love. Management matters more than excitement of the product.

When a person demonstrates his/her management and marketing prowess, they have a chance for their business to survive. No clear and concise goal. "For any business to succeed, it must have a set of specific and measurable goals (each within a specific time frame) that the team is trying to achieve."(Clark,1999) Having someone else other than business person write plan. A businessperson's plan must be him/her. he/she has to understand every aspect of his/her business.

According to Clark (1999), the best business plans are presented in 15-20 double-spaced pages. Basically, laying the best tiles for each part of a business plan, while simultaneously making a point to avoid setting bad ones in place, helps ensure a business plan will be the starting point for a business' success. According to the Small Business Association (SBA), a business plan contains details relating specifically what the business will do, financing, marketing and management.

("Startup basics...," 2007) Putting a plan on paper forces an individual to think through vital issues his/her business will face. Consequently, the plan serves as a valuable tool as a business person sits out to raise money and/or secure technical assistance. It also provides and it provides landmark whereby an individual can gauge the success of his/her business.

Along with an executive summary and supporting documents, a business plan needs to include, but not be limited to, "tax returns, personal financial statements and resumes of the principals, copies of any proposed lease or purchase agreement for building space, copies of licenses and other legal documents; and if it's a franchise, a copy of the franchise agreement." ("Startup basics...," 2007) Marketing Strategies The following concepts will help an individual plan in advance for his/her business success: 1) Have a vision, mission, and Core value for the business.

2) Research market 3) Research, develop, and implement a sound marketing plan. 4) Continuously develop, research and evaluate effectiveness of marketing plan 5) Assess competitors' fee/strength and weakness/Locations/service/clients Several SBA-related Web sites that offer assistance to help create a business-plan: SCORE, an SBA resource partner, has business-plan templates (www.score.org/template_gallery.html) that can help you navigate the process and samples of plans and financial statements created by its counselors. SCORE also has an online workshop (www.va-interactive.com/score) on writing a business plan.

SBA offers many resources online about startup basics, including workshops (www.sba.gov/starting_business/startup/guide.html) and articles that can help you assess whether entrepreneurship is for you. II. The Position Legal Nurse Consultant legal nurse consultant is a registered nurse who performs analysis of health care facts and issues for the legal and health care professions, and others, as appropriate.

The special expertise of a legal nurse consultant can be utilized in a variety of settings, including law firms, government offices, insurance companies, health care risk management departments, as well as in an independent practice. Currently, as more and more medical malpractice cases and questionable medical insurance cases are arbitrated in court, statistics confirm a growing need and demand for legal nurse consultants' services. Legal nurse consultants, individuals who processed the proper medical experience and training mandated for legal arguments.

These professionals bridge the gap between medicine and the practice of law, as they are qualified to review, analyze, and summarize medical records, while seeing the potential of a case in a legal battle. Legal nurse consultants regularly assist lawyers with medical related cases. At present, they may charge clients from one hundred to one hundred and fifty U.S. dollars (U.S. $100-150) per hour. While this study examines the plausibility of establishing a Legal Nurse Consultant's Office, considerations for developing a realistic business plan are also explored.

Additionally, requirements related to establishing a franchise service, another potential future venture for consideration in approximately five years, after mastering the legal nurse consultant operations, will be investigated. For a person to take national computerized certification examination and qualify as a legal nurse consultant, he/she must be a registered nurse. The legal nurse certification process proposes: To legal nurse consultants achieve national recognition by demonstrating their level of proficiency and commitment to continuing education.

To promote excellence in legal nurse consulting and standardization of the principles and practice in the field. To increase potential utilization of legal nurse consultants by attorneys and insurance companies by demonstrating the legal nurse consultant's professionalism and uniqueness of nurse consulting as a specialized career distinct from the services of paralegals and other support staff. To inspire excellence in consulting through education. After qualifying as a legal nurse consultant, to maintain certification, an individual must regularly renew his/her certification by successfully completing the certification examination every two years.

This extends certification for two years from date of expiration. When a legal nurse consultant attends the National Alliance of Certified legal Nurse Consultants Annual Conference each year, his/her certification extends another year; for one year from date of expiration. When a legal nurse consultant successfully completes the audiotapes and post-test from the National Alliance of Certified Legal Nurse Consultant Annual Conference, each will extend certification 1 year from date of expiration.

Completing 15 hours of continuing education related to medical-legal topics or legal issues also extends certification for one year from date of expiration. Legal nurse consultants, used by both plaintiff and defense counsels, are review and analyze clinical outcomes for compliance with standards of care. The way a professional nurse interprets standard-of-care questions depends not only on the facts and timing of the case and whether the plaintiff or defense pays for the review - professional judgment also serves as a critical element of interpretation.

(Chizek, 2003) The Role legal nurse consultant may provide service in a number of roles, including but not limited to: Consulting expert Testifying expert Facility-based investigator Trainer and in-service presenter Peer reviewer Quality improvement, risk management, claims management Liability insurance marketer and clinical resource" (Chizek, 2003) As standards of care constantly change, medical and nursing staff must keep informed of current standard to develop and/or modify policies and procedures, which must be maintained and secured indefinitely.

In the event the facility is sued, these will be used to establish the current standard during the time of the questionable occurrence. Policies and procedures also provide the legal nurse consultant with the foundation for facility documentation to be judged for compliance. (Chizek, 2003) The minimum length of time the modified policies and procedures should be kept is the time frame of the statute of limitations in the individual jurisdiction.

In most jurisdictions, the statute of limitations is two to three years." (Chizek, 2003) Training constitutes a vital component for healthcare providers, particularly for legal nurse consultants, to help ensure they are familiar with the current standard of care. If a legal nurse consultant does not attend continuing education programs; does not provide ensure his/her professional growth, development, and training - he/she does not have any defense, if sued.

(Chizek, 2003) During the course of an investigation when staff members' "statements," routinely used by both plaintiff and defense counsel during the litigation process, appear to be inconclusive, poorly written and/or damaging for the defense, the legal nurse consultant proves invaluable. he/she can interview staff and supply directed questioning to determine facts regarding the case, with the employee signing and dating statement and/or document to verify authenticity.

As the legal nurse consultant works with the defense counsel, he/she can help protect critical documented data and ensure information is consistent, comprehensive, and integrated. (Chizek, 2003) Marc Zwelling (2002) reports in: "The Blended Economy: Blending ideas offers an alternative to specialization": "The New York Times recently reported unprecedented growth in the new profession of legal nurse consultant. From none a decade ago, there are more than 4,000 in America today." The legal nurse consultant, albeit remains a nurse; he/she does not become a lawyer. not a lawyer.

"Nurses learn enough law in training institutes to become legal nurse consultants." (Zwelling, 2002) a legal nurse consultant, Brown (1999, p. 109) reports, uses:.". medical knowledge and paralegal training to assist in personal injury and civil law cases." During 1999, the Department of Labor reported that the paralegal profession constituted one of the five fastest growing occupations in the U.S. At this time, the employment outlook for legal nurse consultants reflected this growth.

Business is utilizing legal nurse consultants included: 'firms specializing in personal injury, medical malpractice and general litigation law as well as insurance companies and corporate legal departments." During 1999, salary for a legal nurse consultant was reported to be: Entry level: $28,000-$38,000 Mid level: $41,000-$46,000 Executive: $50,000 and up In Boston, the actual salary rate scheme for initial consulting ranges from $100 to 150 per hour per contract.

Other salaries: 1 -- Registered nurse 60K - 71K; part-time 2 -- Paralegal 41K - 48K; part-time 3 -- Grant/Proposal Writer 44K - 58K; full-time 4 -- Business development Associate/subcontract 49K - 89K; part-time 5 -- Accountant I 41K - 50K; part-time (Salary Wizard, 2007) To look carefully into the trend of the profession in terms of future demands for this profession; The following identifies various fields of specialization needed in the Legal Nurse Consultant profession and which field of specialization is more in demand: Types of cases on which legal nurse consultants are qualified to consult.

Martin (2002) explains distinctions between the consulting historian and testifying historian, noting that although both "experts" possess professional expertise, their roles typically emphasize different capabilities. Consulting historians, traditionally hired for their analytical and investigative l skills, serve as historical detectives. These experts can efficiently navigate both the courthouse basement and the World Wide Web.

They possess the ability to the "develop, execute, and report on a focused and systematic research plan is crucial to the consulting historian." testifying historian, however possesses exceptional presentation skills and a professionally recognized mastery of the particular subject matter. He (Martin, 2002) Scope of practice of the legal nurse consultant. Litigation Process -Pre litigation phase of a lawsuit, Phases of Litigation, Alternative dispute resolution Variables that affect who wins, Tort reform measures instituted at the state level. Theories of Liability and defense used in medical- related cases.

Intentional torts / Negligence / Strict liability / Implied warranties of merchantability and fitness / Representation / Categories of common plaintiff allegations used in medical malpractice cases. Anatomy of Personal Injury, Products Liability Environmental and Workers' Compensation Cases. Products liability / Environmental cases / Work-related injuries / General personal injury and medical malpractice.

Screening Medical-Related Cases, the significance of screening / Persons who screen of a malpractice cases / legal elements of a malpractice cases / Factors that affect initial screening opinions of attorneys and insurance companies / What the legal nurse consultant needs to screen a case/Potential defendants/principles of screening / screening form / Plaintiff alert situation / Cases plaintiff attorneys frequently reject -- Comprehensive Case Evaluation Strategies and Report Writing Techniques. Steps for evaluating malpractice and medical-related cases. / Report writing-malpractice and other medical related cases. Detecting Tampering in a medical record.

Purpose of the medical record in the courtroom / Persons who can detect tampering / Implications of tampering / Tampering alert signals / Tampering detection techniques / the legal nurse consultant's response to suspected tampering or alteration / the role of the forensic document examiner / Working effectively with the forensic document examiner / the forensic document examiner's tools, techniques and capabilities / the tort of intentional spoilation. How to Research Medical-Related Cases. Information available at a library / selecting the best source of information / Finding information / Choosing a database vendor.

/ Information brokers / Document delivery / Terms the legal nurse consultant should know. Standards of Care. Sources indicative of Standards of Care / Obtaining Standards of care in trial to prove adherence to or deviations from Standards of Care. / Analyzing policies and procedures of the defendant healthcare facility -- Manage Care Litigation.

Legal theories / legal defenses / potential defenses/accreditation -- Helping Attorneys with Discovery Methods of discovery / Guidelines for drafting interrogatories and request for production / Types of interrogatories directed to defendants / Types of requests for production of documents and taangible items directed to defendants / Types of interrogatories directed to plaintiffs. / Types of requests for production of documents and tangible items directed to plaintiffs.

Role of Nurse as Testifying Expert- Role of testifying expert / Communicating with your attorney-client / Preparing for disposition and trial / What to expect at desposition and trial / strategies for testifying Working with Testing experts. Sources for locating testifying experts / Brokering testifying expert for law firms / Working effectively with testifying experts / Assessing qualifications potential testifying experts. / Communicating with potential testfying experts. / Types of testifying experts used in medical-related cases. / Fees for locating expert witnesses. Formulation and Negotiation of Contracts. Contract / common clauses / contract writing/negotiating strategies -- Legal and Ethical Issues.

Liability issues / conflicts of interest / Attorney-client privilege -- Developing Marketing strategy. Elements of effective marketing / Competitive strategies/fees -- Techniques for Interviewing Prospects. Preparation / Interview concepts / closing / Evaluation of performance. I will continued Assessing Medical Records and Analyzing the Case Identify, locate, review and interpret relevant medical records, hospital policies and procedures, other documents and Medical and Nursing Malpractice Cases Cases involving the professional negligence of a healthcare provider or the negligence of healthcare facility, such as a hospital or HMO.

Every specialty of nursing and medicine is risk for medical and nursing malpractice.

General Personal Injury Cases Nonprofessional negligence cases, such as: Premises liability cases (e.g., slip and fall in a grocery Store) Auto accident cases Aviation cases Liquor liability cases Railroad litigation cases Products Liability Cases Cases involving the liability of manufacturers and sellers of a product to buyers, users are even bystanders who allege damages or Injuries as a result of a defective product, India Medical device and drug-related cases, such as cases involving: Fen-Phen vioxx Heart valves Defibrillators NOM-indical device cases, such as cases relating to: Motor vehicles, automobiles and automobile parts Cigarettes and cigarette lighters Machinery and equipment Children's toys and products Electromagnetic fields (e.g., cellular telephones) pi Food Household products Personal care products Consumer products (e.g., appliances) Industrial products Toxic Torts and Environmental Cases Cases involving alleged damages or injuries resulting from the release of toxins Into the environment, such as: Electromagnetic fields (e.g., against a utility company) Asbestos Radiation contamination Hazardous chemicals in a workplace Waste management and disposal Pesticides S.

Workers' Compensation and Workplace Injury Cases Cases involving job-related Injuries arising out of and in the course of employment, such Equipment- and machinery-related injuries Cumulative trauma disorders Injuries caused by objects striking workers Back injuries Auto accidents Criminal Cases Cases involving any act that society has deemed contrary to the public good because the is injurious to all of society and violates the peace and tranquility of the community, silo! Driving while intoxicated (DWI) or driving under the influence (DUI) cases Sexual and physical assault cases Child, spouse or elder abuse cases Homicide cases Criminal malpractice cases Medicare fraud and abuse cases 7.Any Case Where Health, Illness or Injury Is at Issue Many types of cases Involving medical-related Issues, such as: Family law (e.g., custody battle) (Milazzo, 2006) During the process of assessing medical records and analyzing the case, a legal nurse consultants duties may include, however may not be limited to the following tasks: Identify, locate, review and interpret relevant medical records, hospital policies and procedures, other documents and tangible items.

Organize, tab and paginate medical records for easy reference. Prepare chronologies of the medical events Involved in a case. Summarize, translate and interpret medical records. Identify Issues of tampering with the medical records. Screen medical malpractice cases for merit. Identify, locate, summarize and interpret applicable standards of care. Identify adherences to and deviations from these standards, Identify causation issues, assess damages/Injuries and identify contributing factors. Identify and recommend potential defendants, Develop written reports for the attorney's use as study tools.

Supporting the Attorney's Case Search and summarize medical and nursing literature and integrate results of the search Into the case analysis. Analyze the validity of research studies relied on by all parties. Coordinate and attend independent medical examinations, Help in developing life care plans. Expand the attorney's medical library. To know all the government requirements in establishing a Legal Nurse Consultancy Office. (Milazzo, 2006) In the article, Legal Issues to Consider When Creating a Health Care Business Model, Connie a. Raffa, J.D., LL.M.

(n.d.) purports challenges/concerns physicians may encounter when implementing business practices and contends that many related rules are federal and have parallel state laws. Main areas of concern include: 1. State License Laws the 2. State Corporate Practice of Medicine Laws 3. Anti-Kickback - Federal and State Laws 4. Physician Self Referral - Federal and State "Stark" 5. Patient Inducement or Solicitations Laws 6. Fee-Splitting Rules - State 7. Cost Report Rules - Medicare and Medicaid 8.

Complex Medicare/Medicaid Reimbursement Rules Although the majority of these concerns may not apply to a legal nurse consultant, several specific stipulations, however may prove applicable. State License Laws, for example constitute the first place a legal nurse consultant might also begin checking to secure information. Issues regarding the corporate practice of medicine also need to be considered. "Some states require that all the owners of an entity that will provide professional services, such as physician services or legal services, be owned by individuals who hold the same professional license.

The reason for this requirement is that these states prohibit a business corporation or lay person from controlling the medical decisions of a physician or professional staff. This legal concept is called the 'corporate practice of medicine.' The policy enforced in corporate practice of medicine states is to ensure that medical decisions are only made based on what is best for the patient. Some states have a clear prohibition against the corporate practice of medicine, such as New York.

Some states don't follow the rule at all, such as Florida and Kentucky.

In some states, the law is unclear." To identify the targeted clienteles: law firms, insurance companies government agencies, hospitals, medical providers; To carefully study the different business structures of existing Legal Nurse Consultancy Offices, and draw from these data which business structures will fit an initial investment budget; To identify the different employees needed in setting up a Legal Nurse Consultancy Office: identify permanent positions and positions which can be held on a part-time basis; To research on the different salary schemes for each of the employees; Jopling (2005, p.

32) reports that a long-standing acknowledgement exists in medicine that not only do nurses work hard, they are also underpaid. if/when a nurse reaches the top and becomes a nurse consultant, he or she will just earn approximately what some doctors do.

To identify the criteria for an excellent site and size for an office; To study the different marketing strategies employed by existing Legal Nurse Consultancy Offices; (Stocks, 2006) On his website, along with the photo up of depicting a figure headed toward the light, Greg Stocks, CRNA LNC EJD (2006) poses the question: "Why hire a LNC when I can hire a physician instead?." ". A LNC is cheaper," Stocks (2006) confirms as he answers his own question, noting this to be the most common answer routinely given.

Although this may be true in many cases, nevertheless Stocks (2006) maintains, this point ought to be the last consideration for any potential client, serious about determining all vital facts and events relevant to the interests of his/her client.

Stocks (2006) contends: "I am the general contractor of medical malpractice cases." In the next segment of his personal promo, albeit Stocks (2006) makes a point to point out even though "the majority of cases are not as "cut and dry" as they appear on the surface, he, as a Legal Nurse Consultant does, in fact save his/her client money.

Stocks (2006) lists numerous specific services he offers his clients: Case Review for Merit In Depth, Comprehensive Case Analysis Knowledgeable and Experienced View of the Entire Identification of Altered or Missing Records Provider Background Investigation Correlation of All Physician and Nurses Notes, Lab Reports, Procedures Chronologic Graphing of Every Pertinent Event Identification of New Parties Standard of Care and Best Medical Practce Deposition Preperation Alternative Case Theories Identify Strengths and Weaknesses of the Case Attend Independant Medical Exams and Autopsies Expert Witness Recommedations Identification of Items for Discovery Demonstrative Evidence Trial Preparation Review of Hospital Policy and Procedure Risk Management Review Professional, Bound, Comprehensive Reports Timeline and Causation Graphs Casemap and Timemap Technology (Stocks, 2006) The following charts are also posted on Stocks' (2006) web site, along with explanation that Stocks does not merely analyze charts but presents his clients with chronologic spread sheets of every lab value; identifies hidden trends, errors and missed diagnosis; creates "an easy to read Time Map of every pertinent event, intervention, medication, diagnostic study, respiratory treatment, EKG, symptom....and more.

[along with].. A flow chart showing a specific cascade of events leading to you clients injury...." His final selling point posits that his services can make a difference between winning or losing a legal battle. (Stocks, 2006) (Stocks, 2006) (Stocks, 2006) http://www.lawmedconsult.com/news.html To conclude a decent approximate figure of the amount needed in setting up a Legal Nurse Consultancy Office, i.e.

An initial investment, and a realistic amount of time needed for the return of investment (ROI), and; To look closely on the possibility of establishing a Legal Nurse Consultancy Office franchise after about five years of excellent operations. III.

The Practice Field Research Objectives for this research project can be completed through the following methodologies: Literature Review: Reviewing relevant literature; searching and securing information through the internet and medical libraries; Telephone Interviews: Calling existing Legal Nurse Consultancy Offices/individuals under the guise of a future client, requesting specific details, e.g.: How much do they charge for their services? Electronic Communications: Communicating with existing Legal Nurse Offices/individuals who host their own websites; Visit Legal Nurse Consultancy Offices: Visiting existing legal nurse consultancy offices to observe the physical setup of office; noting the regular employees one would typically meet; evaluating the essential office equipment needed for their operation; Schedule and Attend Appointments: Scheduling appointments with perspective future clients and conducting interviews regarding their experiences with Legal Nurse Consultants' services.

Reviewing terms of agreements with legal nurse consultants' services. Ascertaining their levels of satisfaction with the present agreements and determining other areas of improvement with their services, and; Appraise Trade and Industry Government Offices: Visiting Trade and Industry Government Offices.