Nurse Paralegal/Legal Nurse Consultant: Similar Title; Similar Work Product Margo Conklin, MSN BSN RN LNCC & Kathryn Jeffries, BSN RN Technology Corner
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The Journal of Legal Nurse Consulting Volume 17 ▲ Number 1 ▲ Winter 2006 ▲ A Prison Death: The Nurse Investigator’s Role in an Administrative Agency ▲ Nutrition in Bariatric Surgery ▲ Bloodless Care ▲ Legal Issues of E-Health ▲ Nixing Computer Phobia: How to Acquire and Develop Basic Technological Skills ▲ Duty: A Historical Perspective American Association of Legal Nurse Consultants The Journal of Legal Nurse Consulting 401 N. Michigan Avenue Chicago, IL 60611-4267 Purpose 877/402-2562 The purpose of the journal is to promote legal nurse consulting within the medical-legal 312/321-5177 community; to provide both novice and experienced legal nurse consultants (LNCs) with Fax: 312/673-6655 E-mail: [email protected] a quality professional publication; and to teach and inform LNCs about clinical practice, Web site: www.aalnc.org current legal issues, and professional development. Editor Manuscript Submission Holly Hillman, MSN RN The journal accepts original articles, case studies, letters, and research. Query letters are Board of Directors welcomed but not required. Material must be original and never published before. A manuscript should be submitted with the understanding that it is not being sent to any President other journal simultaneously. Manuscripts should be addressed to [email protected]. Karen Clark, MS RN Manuscript Review Process President-Elect Lynda Kopishke, MSN RN CLCP LNCC Submissions are peer-reviewed by eminent professional LNCs with diverse professional backgrounds. Manuscript assistance can be provided upon request to the editor. Accep- Secretary/Treasurer tance is based on the quality of the material and its importance to the audience. Dorothy Pollock, BS D RN Past President Barbara Levin, BSN RN ONC LNCC Directors-at-Large The Journal of Legal Nurse Consulting is the offi cial publication of the American Association Mindy Cohen, MSN RN LNCC of Legal Nurse Consultants (AALNC) and is a refereed journal. Journal articles express the Madeline Good, MSN RN LNCC authors’ views only and are not necessarily the offi cial policy of AALNC or the editors of the Suzanne Langroth, BSN RN LNCC journal. Information for authors is available from the editorial offi ce of The Journal of Legal Nurse Jane Mihalich, BSN RN LNCC Consulting. The association reserves the right to accept, reject or alter all editorial and advertising Ginger Varca, BA RN material submitted for publication. The Journal of Legal Nurse Consulting The content of this publication is for informational purposes only. Neither the Publisher nor Editorial Board AALNC assumes any responsibility for any injury and/or damage to persons or property arising Holly Hillman, MSN RN, Chair out of any claim, including but not limited to product liability and/or negligence, arising out Jan Aken, RN IBCLC of the use, performance or operation of any methods, products, instructions, or ideas contained Kathleen Ashton, PhD APRN BC in the material herein. The reader shall assume all risks in connection with his/her use of any Eileen Croke, EdD MSN RN ANP LNCC of the information contained in this journal. Neither the Publisher nor AALNC shall be Kara DiCecco, MSN BSN RN held responsible for errors, omissions in medical information given nor liable for any special, Theresa Fulginiti, BSN RN CEN consequential, or exemplary damages resulting, in whole or in part, from any reader’s use of or Lori Hinton, PhD BS RN reliance on this material. Mary O’Connor, PhD RN Ginger Varca, BA RN, Board Liaison The appearance of advertising in the The Journal of Legal Nurse Consulting does not constitute a guarantee or endorsement of the quality or value of such product or of the claims made for it Staff by its manufacturer. The fact that a product, service, or company is advertised in The Journal of Executive Director Legal Nurse Consulting shall not be referred to by the manufacturer in collateral advertising. For Julianne Bendel advertising information, contact [email protected] or call 877/402-2562. Managing Editor Copyright ©2005 by the American Association of Legal Nurse Consultants. All rights reserved. Erin Murphy Larson For permission to reprint articles or charts from this journal, please send a written request Reviewers noting the title of the article, the year of publication, the volume number, and the page number Jan Aken, RN IBCLC to Permissions, The Journal of Legal Nurse Consulting, 401 N. Michigan Avenue, Chicago, IL Eileen Croke, EdD MSN RN ANP LNCC 60611-4267; [email protected]. Theresa Fulginiti, BSN RN CEN The Journal of Legal Nurse Consulting (ISSN 1080-3297) is published quarterly (Winter, Spring, Lori Hinton, PhD BS RN Summer, and Fall) by the American Association of Legal Nurse Consultants, 401 N. Michigan Mary O’Connor, PhD RN Avenue, Chicago, IL 60611-4267, 877/402-2562. Members of the American Association of Legal Nurse Consultants receive a subscription to The Journal of Legal Nurse Consulting as a benefi t of membership. Subscriptions are available to non-members for $165 per year. Back issues are $20 for members and $40 per copy for non-members. Orders for back issues are subject to availability and prices are subject to change without notice. Replacements because of non-receipt will not be made after a three-month period has elapsed. Back issues more than one year old can be obtained through the Cumulative Index to Nursing & Allied Health Literature (CINAHL). CINAHL’s customer service number is 818/409-8005. Address all subscriptions correspondence to Circulation Department, The Journal of Legal Nurse Consulting, 401 N. Michigan Avenue, Suite 2200, Chicago, IL 60611-4267. Include the old and new address on change requests and allow 6 weeks for the change. The Journal of LEGAL NURSE CONSULTING Volume 17 ▲ Number 1 ▲ Summer 2006 Features A Prison Death: The Nurse Investigator’s Role in an Administrative Agency ..........................................3 Jeanne Jacobson, BSN RN LNCC In January 2001, the Board of Nurse Examiners for the State of Texas launched an investigation into the death of a young prison inmate following receipt of a complaint against the nurse responsible for his care. This case illustrates how nurse investigators employed with state boards of nursing and legal nurse consultants (LNCs) employed in the civil arena similarly depend on strong analytical skills to accomplish their work. The procedures and body of law described herein are not specifi c to all states or all boards of nursing, but rather are an example of the work of one state agency in Texas, based on Texas law. Nutrition in Bariatric Surgery ................................................................................................................ 7 Janet S. McKee, MS RD LD/N & Susan Tassinari, MS RD LD/N As the number of bariatric surgical procedures increases, the number of lawsuits also increases, making risk management an important component of any surgical program. The complexity of bariatric surgery and the life-long changes necessary for successful weight loss require that surgical candidates be well-informed regarding the risks, benefi ts, and need for long-term compliance. A well-structured interdisciplinary approach will help ensure that candidates understand the surgery and recovery process, the risks and consequences of the surgery, and the long- term adaptations required. Unless the entire health care staff recognizes the risks, symptoms, and treatment of nutrient defi ciencies, nutritional status is poised to become the basis of litigation more frequently as the number of patients undergoing bariatric surgery increases. Legal Issues of E-Health ...................................................................................................................... 12 Laura A. Conklin, MSN RN LNCC The infl ux of computer technology in today’s health care environment has placed a heavy burden on management to control a variety of impending computer-generated problems. Who will have access, what will be computerized, security issues, Internet access, e-mails, and how one addresses confi dentially head a long list of areas that need focused planning and compliance. The issue of how to control the use of e-mail in the work environment becomes as challenging as the use of Internet resources for health information sending and retrieving (e-health) itself. Whether an organization adapts a strict policy on the personal use of e-mail during business hours depends on how this practice is used or abused by its employees. This paper will explore important inclusions in a policy governing the use of e-mail in the work environment. Departments Editorial ........................................................................................................................................................... 2 Wintertime Holly Hillman, MSN RN Point of Law .................................................................................................................................................. 15 Duty: A Historical Perspective Arlene D. Klepatsky, Esq., RN Book Review ................................................................................................................................................. 19 “Medical-Legal Aspects of the Spine” Kara Dicecco, MSN Questions & Answers ................................................................................................................................... 21 Nurse Paralegal/Legal Nurse Consultant: Similar Title; Similar Work Product Margo Conklin, MSN BSN RN LNCC & Kathryn Jeffries, BSN RN Technology Corner .......................................................................................................................................