Med Law Blog

Staffing shortages can cause a wide range of problems within a healthcare facility. Literature shows that understaffing is directly related to physical exhaustion and burnout,... read more

Resident safety and welfare in long-term care (LTC) is being redefined as the focus shifts to promoting an optimal quality of life. Achieving this requires... read more

In the past, medical records were written on paper, subject to its associated disadvantages, including the ability to easily change and destroy physical paperwork. Now,... read more

Telemedicine uses technology to deliver medical care from a healthcare provider to a patient in a different location. While telemedicine services are not necessarily new... read more

Choking is the fourth leading cause of unintentional injury death in the United States. In 2021, there were approximately 5,325 choking deaths in the United... read more

Recent significant strains on our healthcare system, especially bedside care providers, have highlighted the reality that institutional staffing ratios currently employed are based on outdated... read more

Since the introduction of the prospective payment system (PPS), hospitals have had a financial incentive to discharge patients quickly because Medicare, for the most part,... read more

Assisted Living Facilities (ALFs) began to pop up in the early 1980s. Since then, they have become a prominent provider of care for the elderly... read more

Recently, while coordinating the admission of a clinically appropriate patient to a long-term acute care hospital following treatment in an intensive care unit, a physician... read more

We swim in a river of information. Every day, we sort through data as we figure out what’s best for patients and the health care... read more

Let’s start today by making a promise between one another. We’re not casting blame in any direction. Talking about the medical field these days can... read more

Pennsylvania courts and health care providers are clashing over two fundamental principles: The right to pursue equitable justice and the ability to access quality health... read more

Health care doesn’t work like other professions or industries. Errors and mistakes have direct consequences on the lives and well-being of patients – not in... read more

Those working in long-term care could be forgiven for wondering just what they did to make the universe so angry. Budgets were already tight and... read more

A health care enterprise involves dozens of teams and specialties, from those providing care to those handling administration to those providing legal services. Unfortunately, too... read more

The Justice Department has put nursing homes across the nation on notice: It has a False Claims Act, and it’s not afraid to use it.... read more

The numbers tell a clear and convincing story. With headlines about inflation, conflict on foreign shores and gods of Thunder on the silver screen, the... read more

The health care field grappled with unparalleled challenges during the COVID-19 pandemic. Of all health care providers, nurses have faced some of the greatest and... read more

Leaders from George Washington to Little League Coaches have inspired action with something akin to the idiom, “the best offense is a good defense.” In... read more

Med Law is pleased to announce we have obtained our certification as a Women’s Business Enterprise (WBENC) as well as a Women-Owned Small Business (WOSB).... read more

One in four Medicare patients experienced harm during their hospital stays over the course of a month in 2018, according to a new report from... read more

The U.S. Supreme Court recently agreed to review a case that could open government-owned nursing homes to greater legal risk.  In May, the high court... read more

As the COVID-19 pandemic continues to wane, calls to reform one of the healthcare sectors hit hardest by it —the long-term care industry — are... read more

Safety-net hospitals kept afloat by billions in federal COVID-19 relief aid are set to lose a major lifeline as those funds run out and Congress... read more

The criminal prosecution of former Tennessee nurse RaDonda Vaught sent shockwaves throughout the United States’ healthcare community. On May 13, nearly two months after she... read more

Meet Teressa Crawford, one of the experienced legal nurse consultants at Med Law. Teressa has practiced as a registered nurse for almost 30 years. In... read more

Developing a body of facts is a crucial aspect of litigation. Medical malpractice cases rise — and fall — on the fact record legal professionals... read more

It is such an honor to be ranked #1 in The National Law Journal's Best of 2022. Best Of winners are featured in National Law... read more

This week Med Law Advisory Partners will be celebrating our 20th anniversary. What an honor to have reached this milestone! Thank you to everyone who... read more

Name, title, city you are based in Lisa Hughes RN, LNCC Mangham, Louisiana What is your role at Med Law Advisory Partners?  Legal nurse consultant... read more

For a third year in a row, medical professional liability premiums have increased at rates not seen since the Liability Crisis of the early 2000s,... read more

Name, title, city you are based in: Katherine Moran, JD RN LNCC, Chicago IL What is your role at Med Law Advisory Partners? Legal Nurse... read more

Liability stemming from the COVID-19 pandemic has impacts beyond the nursing home industry: hospitals are also keeping a close eye on pending litigation and lobbying... read more

It’s no secret that Illinois is a plaintiff-friendly state. While true in several types of litigation, it is especially true for medical malpractice plaintiffs.  One... read more

It’s no secret that Illinois is a plaintiff-friendly state. While true in several types of litigation, it is especially true for medical malpractice plaintiffs.  One... read more

Name, title, city you are based in: Maggie Williamson, RN, BSN, LNCC based in Winnetka, IL. What is your role at Med Law Advisory Partners?... read more

West Virginia healthcare providers are feeling the heat of a new initiative aimed at cracking down on healthcare fraud in the state.  On Jan. 18,... read more

Name, title, city you are based in: Lisa Dalesandro, RN, BSN, CCRN, CEN, LNCC Northern New Jersey/NYC metropolitan area What is your role at Med... read more

Ringing in the new year brings opportunities to reflect upon the past year and make resolutions to better ourselves in the new one. In 2022,... read more

As we prepare to close out 2021, 2022 already looks to be an eventful year for the healthcare industry.  To help get a head start... read more

Name, title, city you are based in: I’ve lived in The Villages, Florida (9 years) and before that Ohio. What is your role at Med... read more

For a second year, the COVID-19 pandemic has continued to dominate headlines in the healthcare field. Whether responding to the Delta variant surge, staffing and... read more

At Med Law Advisory Partners, our medical-legal team is composed of highly experienced medical consultants and dedicated support staff from a variety of backgrounds. Each... read more

Med Law Advisory works with our healthcare partners to manage more pressure injury claims in-house. Our early assessments help quickly value the claim and proactively... read more

For decades, Med Law’s consulting nurse experts have supplemented in-house legal and compliance teams in reviewing medical records for appropriateness of care and medical necessity,... read more

Med Law works directly with hospitals, health systems, insurers, and senior living operators to complement their in-house leaders, broaden internal capacity for medical-legal case investigation,... read more

Engaging the Med Law team early can help plaintiffs’ counsel pinpoint important issues in a case quickly, including assessing the extent of the plaintiff’s injuries,... read more

While some companies provide only medical-legal claims assessment, Med Law has the expertise to capture vital information derived through extensive data collection, discern trends, identify... read more

When a Kentucky skilled nursing facility faced a claim for a resident's alleged fall injuries, the company's outside counsel turned to Med Law Advisory Partners... read more

According to the American Judges Association, 97 percent of lawsuits don’t go to trial. The vast majority of cases, then, don’t need testifying experts –... read more

Senior living providers face unrelenting challenges—a burdensome regulatory environment, financial sustainability, COVID-19 preparedness, quality and safety performance, complex legal issues, and a workforce that is... read more

There are many reasons an individual would wish to request and review their own medical record from a doctor’s office, hospital, or other medical care... read more

A thorough and thoughtful review of medical records is key to building a claim or defense in a legal proceeding.  Yet, analyzing these records can... read more

Falsifying or tampering with medical data is no easy feat. Proving that it has occurred can be just as challenging. Patient medical records are legal documents, and courts of law do not typically respond favorably to evidence suggesting that they have been tampered with or altered.

Most healthcare lawsuits involve a deviation from an established standard of care. To some extent, all medical centers and care facilities have policies in place... read more

Med Law Advisory Partners, under the leadership of Alicia Davis, RN, LNCC, has announced the unification of former ALN Consulting services under the Med Law... read more

COVID-19 has brought new risk for claims against LTC facilities. Since inception of the COVID-19 pandemic, some insurers have already seen hundreds of individual COVID-19... read more

The U.S. Department of Health and Human Services (HHS) Office of Inspector General’s (OIG) publishes a work plan that, “is dynamic and adjustments are made... read more

ALN Nurse Consultants have experience in providing audit support in investigations related to allegations such as reckless prescribing of narcotics and wrongful death related to... read more

In November 2017 CMS implemented new guidance to surveyors for long-term care facilities. Facilities are expected to review and integrate these new standards into care.... read more

The team at ALN Consulting makes it a priority to ensure we have access to cutting-edge information related to the latest changes in legislation and... read more

Effective last November, CMS implemented new guidance to surveyors for long-term care facilities. The interpretive guidelines refer to the categories as “Ftags.[1]” The administration and... read more

When a legal team seeks the assistance of a legal nurse consultant, it is essential to understand the qualifications and certifications involved. Nurses possess extensive... read more

Drug overdoses are the leading cause of death among Americans - 1 American dies of overdose every 9 minutes. 66% of the more than 63,600... read more

In a recent post, we wrote about how government funds available for The Health Care Fraud and Abuse Control Account have more than doubled since... read more

Have you ever interacted with a member of the opposing counsel's team and noticed the designation "legal nurse consultant," or"LNC," after their name? Did you... read more

What we learned at the DRI Nursing Home/ALF Litigation Seminar Every year, we look forward to the DRI Nursing Home/ALF Litigation Seminar to collaborate with... read more

Since 2009, government funds available for The Health Care Fraud and Abuse Control Account have more than doubled.

In September 2016, the Centers for Medicare and Medicaid Services (CMS) released the revised Requirements for Participation and Reform of Requirements for the Long-Term Care... read more

This is the second installment of our two-part series looking at medical malpractice cases in long-term care, from the perspectives of both the defense and... read more

We’re kicking off a two-part series looking at medical malpractice cases in long-term care, from the perspectives of both the defense and the plaintiff. Part... read more

Nurses have medical knowledge and research skills that are invaluable in many Medical Malpractice, Toxic Tort, Personal Injury, Long-Term Care, Product Liability, and Class Action... read more

It's not often that we see such important news breaking in our industry.  This, however, is an example of news that we see as potentially... read more

In 2011, the first personal injury complaint was made against Mirena, a plastic intrauterine device (IUD) used by over 2 million women worldwide. Manufactured by... read more

To first understand this subject, one needs to understand mass tort.  You may have heard of a class-action lawsuit and associate the terminology with a... read more

There is a nearly invisible injustice occurring in the United States today. It’s a subject no one ever wants to think about: rape. But, more... read more

The Department of Health and Human Services, Office of Inspector General has been conducting massive fraud sweeps of its contractors and programs. With an eye to reducing waste and mismanagement, the HHS and OIG are now going after multi-site healthcare organizations like never before with a complete revamp of rules unseen in 15 years…

When pursuing legal action for clients who have sustained a traumatic brain injury (TBI), attorneys must be able to assess the progression of damage and... read more

2016 In April 2016, the National Pressure Ulcer Advisory Panel or NPUAP announced a change in the terminology and the stages of pressure injuries. Though... read more

It doesn’t take an attorney to know that pain and suffering go beyond an initial physical injury. Mental pain and suffering often ranges from lack... read more

In 1986, the National Pressure Ulcer Advisory Panel (NPUAP) was formed as an independent, non-profit organization established to ensure consistent prevention, management and research of... read more

Fudge & McArthur, P.A.’s Donna Fudge and Benjamin Broadwater announce victory in recent Stage IV Pressure Ulcer/Nursing Home case in Florida. The complexity of circumstances... read more

The Washington Post reports that University of Georgia researchers have produced significant evidence linking prescription marijuana to falling overdose statistics in states where medicinal marijuana... read more

ALN was presented with a long term care case with allegations related to respiratory failure and death.

We’d like to introduce you to LeAnne Smith, a key member of the ALN Consulting team. LeAnne brings over 20 years of expertise to a team that boasts more than 127 collective years of medical and legal nurse consulting experience. This experience is used every day and gives our consultants the ability to measure and evaluate high level issues.

With the death of Prince from an overdose of the narcotic Fentanyl, another celebrity becomes a statistic in the opioid drug overdose epidemic, currently gripping... read more

Using Electronic Health Records (EHRs) can be an excellent way for medical professionals and their staff members to care of patients more easily, sending and... read more

Sometimes medical negligence is apparent without need for explanation.  It doesn’t take an expert to find fault when someone operates on the wrong limb or... read more

In this installment of the ALN Consulting series on the CMS Interpretive Guidelines, we investigate and explain the most recent revisions to surveyor guidance on... read more

In this installment of the ALN Consulting series on the CMS Interpretive Guidelines, we explore the most recent revisions to surveyor guidance on feeding tubes... read more

For the past several months, you may have been following along with our CMS (Centers for Medicaid and Medicare Services) Interpretive Guidelines series.  In this... read more

We here at ALN sometimes encounter a sense of "Am I making a difference and is it enough?" in our profession. And it's interesting to... read more

Continuing our series on the CMS Interpretive Guidelines, ALN Consulting outlines the revisions to Antipsychotic Medication Guidance. The Interpretive Guidelines include an explanation of the... read more

Medical malpractice claims in 2015 were on the rise for the second year in a row. In 2014, $3.8 billion in payouts were awarded to... read more

As part of ALN Consulting’s commitment to our legal partners, we introduce the second installment of our CMS Interpretive Guidelines series by diving into the... read more

Medical malpractice and long term care cases often come with an unimaginable volume of records. Partnering with a legal nurse consultant to review these records... read more

When defending cases against long-term care facilities, the Interpretive Guidelines become the canon by which the operations of a facility are judged. Like most law,... read more

The World Health Organization (WHO) defined falls in the 2007 Global Report on Falls Prevention in Older Age as, “inadvertently coming to rest on the... read more

Understanding the four elements of negligence are essential to evaluating a malpractice case. Since early American law was formed, negligence was considered a distinct tort... read more

2016 In April 2016, the National Pressure Ulcer Advisory Panel or NPUAP announced a change in the terminology and the stages of pressure injuries. Though... read more

In September 2015 the Department of Health and Human Services (HHS) Office of Inspector General (OIG) released a report on Medicare’s skilled nursing facility (SNF)... read more

The requirements for Long-Term Care (LTC) facilities are the health and safety standards that LTC facilities must meet in order to participate in the Medicare... read more

On August 04, 2015, the Centers for Disease Control and Prevention or CDC released a report published in their monthly Vital Signs[1] newsletter regarding the... read more

A long-time client of ALN Consulting, a medical malpractice attorney, contacted ALN for assistance developing the defense in a suit brought against a primary care… read more

An ALN client, a long-term care provider, contacted ALN regarding a matter that had the potential to be a catastrophic case due to altered charting… read more

Recently, ALN was asked to assist one of our clients with a hefty task – review thousands of medical records in less than 4 weeks… read more

Our clients include attorney firms as well as health care facility operators. Here’s what one of our LTC case managers recently passed along: “It is a pleasure to… read more

At ALN Consulting, our clients are our number one priority. Recently, here’s what a new attorney had to say about our services:  Alicia, thank you… read more

Recently, members of the ALN team began partnering with the Nashville Food Project to help provide access to healthy food in homeless and working poor… read more

Held at The Conrad Miami Hotel January 23-24, 2013, the 3rd annual forum on Preventing and Defending Long Term Care Litigation brings together a supreme in-house presence… read more

Alicia Luke has been selected to present at the National Business Institute’s seminar “Anatomy and Physiology 101 for Attorneys” on November 29, 2012 at the… read more