Re: informed consent/ nursing certification answers

From: DoctorJoe@aol.com
Tue Jul 29 07:06:02 2003


In a message dated 7/29/03 06:58:49, marilyn.ringstaff@obgyn.net writes:

> <<Have done this for 6 years and am starting to become more defense
> oriented as there are just too many frivilous lawsuits filed.  >>
>
> so Gail as a legal nurse consultant - what exactly does becoming
> "defense oriented" mean? it's the LNC's job to objectively review the
> case.  it's the attorneys job to be patient or defense oriented.  the
> last thing an attorney needs is to expect an honest case review only to
> find the health care provider is "defense" or "plaintiff" oriented.
> there's a name for that.
>

Good point. Each case should be viewed on its own merit.

Similar to: "I'm sorry, Ma'am, you must not have endometriosis. I know you have all of the classic signs and symptoms, but I've already seen 3 endometriosis patients today and it's only 11 AM and that's just way over the national statistics. So you can't have it - you must have something else. Maybe you have irritable bowel syndrome. So no, you can't be scheduled for a laparoscopy. Take this antispasmotic and call us in a couple of months and let us know how you're doing."

Often firms will be defense or plaintiff oriented as a firm, and only accept cases on one side or the other. That's only pragmatic - if you do both enough, you'll end up with too many conflicts (suing former clients, etc.) so you gravitate to one side or the other. But in each individual case, you should evaluate it objectively, on the facts of the case and applicable law. Just like each patient should be objectively evaluated.

Joe P.





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