Med Law Blog

Four Questions and Answers About the False Claims Act and Nursing Homes

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

Three Giant Steps to get the Most Out of Nursing Home Litigation Budgets

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

New research shows that more nurses on the job means fewer sepsis deaths. Are you prepared to do what it takes?

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

The Best Offense is a Good Defense – A Case for Defensive Documentation

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 Advisory Partners Gains Two New Certifications

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

Steps Your Hospital Can Take to Improve Patient Outcomes

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

SCOTUS Case Could Expand Nursing Home Liability: What To Know

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

Long-Term Care: Are Reforms on the Horizon?

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

Pandemic Aid is Running Out: How to Make the Most of Your Litigation Budget

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

What Hospitals Can Learn from the RaDonda Vaught Case

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

Get to Know Legal Nurse Consultant: Teressa Crawford

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

Underdeveloped Claims: How Early Investigation Can Help

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

Med Law Ranked #1 in The National Law Journal’s Best of 2022

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

Med Law Advisory Partners Celebrates Our 20th Anniversary

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

Get to Know Legal Nurse Consultant: Lisa Hughes

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

Professional Liability Premiums Are Rising: How to Counteract Costs

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

Get to Know Legal Nurse Consultant: Katherine Moran

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

Are you PREP-ared? The latest in PREP Act litigation

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

Illinois Med Mal: A Defense State of the State

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

Illinois Medical Malpractice: A Plaintiff’s State of the State

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

Get to Know Legal Nurse Consultant: Maggie Williamson

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

What West Virginia’s New Healthcare Fraud Initiative Means for You

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

Get to Know Our Peer Review Specialist: Lisa Dalesandro

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

Set Your Medical Malpractice Defense Up For Success Through Early Evaluation

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

What your healthcare organization can expect in 2022

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

Get to Know Legal Nurse Consultant: Tory Palivoda

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

Our 2021 Client Wins and Trends: Med Law’s Year in Review

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

Get to Know Med Law’s Manager of Clinical Operations: LeAnne Smith

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

How to manage more pressure injury claims in-house

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

Opioids, healthcare fraud to remain top priorities under Biden DOJ

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

How to boost your in-house litigation bandwidth

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

Does your suit have merit? Using “consulting” experts to certify med mal claims

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

Health System Improvement: How Downstream Insights Inform Upstream Care

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

Defense Win: Strategy key in lowering litigation costs and damages

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

Consulting vs. testifying experts: What’s the difference, and do you really need both?

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

How to Save Millions on a CMS Immediate Jeopardy Enforcement

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

How To Get Your Medical Records

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

How to Review Medical Records: The Value of Legal Nurse Consultants

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 Medical Records and Identifying Missing or Misleading Information

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.

Universal Precautions vs. Standard Precautions

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

ALN Consulting and Med Law Advisory Partners Unify Services

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

Case Studies in COVID-19 Defensive Record-Keeping

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

COVID-19 Liability Defense Preparedness For Senior Living Partners

Med Law Advisory Partners, under the leadership of Alicia Davis, RN, LNCC, has announced the formalization of a new program, COVID-19 Liability Defense Preparedness for... read more

HHS OIG Work Plan Update

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

Auditing Prescribing Practices in Opiate Enforcement Cases

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

F686 Skin Integrity: The “New F314”

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

Recap of the 4th Annual Healthcare Enforcement Compliance Conference

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

The New Care Planning Ftags: F655/F656/F657

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

Legal Nurse Consultants: Board Certification vs. Certificate of Completion

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

Opioid Addiction Resources

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

What Plaintiff’s Attorneys Need to Know About DOJ and OIG Investigations of LTC Facilities

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

The Unique Role of Legal Nurse Consultants in Litigation

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

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

How to Defend Long-Term Care Facilities Against DOJ and OIG Investigations

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

Special News Bulletin Pt 1: 2017 Interpretive Guidelines for LTC Surveyors

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

Medical Malpractice and Long-Term Care: Plaintiffs

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

Medical Malpractice and Long Term Care: Defense

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

How to Become a Legal Nurse Consultant (LNC)

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

CMS Abandons Nursing Home Arbitration Appeal

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

What the Mirena IUD Case Means for Expert Testimony

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

Baby Powder Mass Tort Litigation: Strong Scientific Foundation or Just a Cloud of Dust?

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

Geriatric Sexual Assault: An Elder Abuse Phenomenon

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

When Medicare Demands a Refund

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…

The Law and the Glasgow Coma Scale

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

Kennedy Terminal Ulcer – A 2016 Update

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

Measuring Pain and Suffering

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

National Pressure Ulcer Advisory Panel (NPUAP) Release New Clinical Guidelines and Taxonomy for Pressure Injuries

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

ALN Litigation Perspective

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

Medicinal Marijuana Linking to Decline in Overdoses

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

Uncovering False Allegations

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

ALN Team Spotlight | LeAnne Smith | Long Term Care Leader

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.

Opioid Use and Abuse

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

Culpability and Electronic Health Records (EHRs)

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

Identifying Medical Malpractice Expert Witnesses

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

CMS Interpretive Guidelines – Revisions to Dementia Guidance

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

CMS Interpretive Guidelines – Revision to Feeding Tube Guidance

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

CMS 5 Star Ratings of Nursing Homes

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

The Power of a Nurse’s Words

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

CMS Interpretive Guidelines – Revisions to Antipsychotic Medication Guidance

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

Fighting Fire with Fire: How a Legal Nurse Consultant Can Help Defend Medical Malpractice Claims

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

CMS Interpretive Guidelines – Revisions to Restraints Guidance

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

Why Hire A Legal Nurse Consultant?

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

Interpretive Guidelines for Long-Term Care Facilities in Litigation

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

Prevention and Policy: Falls in Long Term Care

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

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

Pressure Ulcer 2016 Update: Strategies to Defend Against Medical Malpractice Claims

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

2015 Study Findings on Medicare Skilled Nursing Facility (SNF) Payment System

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

Call to Action – Reform of Requirements for Long Term Care Facilities

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

Superbugs – The Growing Problem of Antibiotic Resistant Infections

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

Diving Deep in EMR – A Medical Malpractice Tale

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

Sometimes we do win on causation…

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

Wham Bam Success!

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

More Happy Clients…

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

Happy Clients

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

Nashville Food Project

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

ALN Attends “Preventing & Defending Long Term Care Litigation” Forum

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, RNC, LNCC asked to speak at upcoming NBI seminar

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

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