Pivotal Facts Services:
Screen and/or investigate.
Often a client feels they have been harmed in the process of receiving health care. We review medical records to identify all factors that may or may not support a legal claim. We provide an honest opinion regarding our findings. Our goal is to help keep nonmeritorious claims from burdening the legal system.
Define and identify standards of care.
Health care providers (physicians, nurses, chiropractors, physical therapists, etc) are held to a uniform standard of care upon which the theory of negligence is based. Standards of care require the actor to do what the "reasonable person of ordinary prudence" would do in the actor's place. Each profession defines standards of care by which the individual is held accountable. In the process of reviewing a case, we analyze the record for completeness and adherence to the applicable standards.
Review medical records.
In the process of reviewing medical records, we identify altered records and/or missing pieces of documentation. And, provide a list of additional documents, policies, procedures, protocols, including other tangible items that are pertinent to the case. We evaluate policies, procedures and protocols to make sure they were followed and are current for the time period of the incident. As part of the review process we identify individuals that may be involved in the case.
Assess damages/injuries and identify contributing factors.
CLNCs review all aspects of a case to assess and determine the contributing factors that may affect damages/injuries. This includes medications, treatments, delivery of care, cause and effect, etc. We evaluate pathology, the extent of the injury, and help determine if the action caused the injury.
Summarize, translate and interpret medical records.
The terminology and abbreviations used to describe various patient conditions can be confusing. As practicing nurses, we are well versed in medical jargon. As CLNCs we translate important aspects of a patient's healthcare record into non-medical language for attorneys, their clients and members of a jury.
Conduct literature search, integrate the literature and standards/guidelines into the case analysis.
Medical and nursing research is constantly changing to help both disciplines determine best practices. Identifying the resources, knowing where to search and being aware of what practices were relevant during the time period of the incident, makes our case analysis very time efficient and cost-effective.
Research and analyze validity and reliability of research studies relied upon by all parties.
With our educational backgrounds, we have the knowledge base and resources to evaluate research presented by both parties. We can evaluate a study to determine if the results found are statistically significant based upon the methodology used and the size of the study. We review the research findings for validation of the hypothesis and whether there are implications for practice. We also look to see if there is more meaningful research that will support or negate the point in hand. We explain the findings in a straightforward manner so their significance to the case is easier to understand.
Assist with settlement negotiation process.
Our investigative skills can discover detailed information that strengthens the settlement negotiation process. Our ability to present the material necessary for this to occur saves attorney's time and money. We present a detailed review of the medical records, highlighting specific acts of negligence, and provide an assessment of damages. This information supports a legal position and provides the Pivotal Facts for negotiating a settlement.
