Citation

Sharpe DK, Hall JK, Ochije S, Bailey RK. Med. Leg. J. 2018; 86(1): 32-35.

Affiliation

Department of Psychiatry and Behavioral Medicine, Wake Forest University School of Medicine, North Carolina, USA.

Copyright

(Copyright © 2018, Medico-Legal Society, Publisher SAGE Publications)

DOI

10.1177/0025817217740299

PMID

29206080

Abstract

In 2000, the Institute of Medicine stunned many professionals with their published report that noted the vast number of deaths that occur each year in hospitals across the United States which reach as many as 98,000. Therefore, it comes as no surprise that the healthcare arena faces litigious issues regularly, with some specialties budgets being significantly impacted by the cost of maintaining liability insurance. Legal Nurse Consultants and forensic physicians working in tandem but who work independently from treating clinicians can carry out forensic independent medical examinations (IME). This can help to assess the validity of malpractice claims, including issues of causation and degree of injuries claimed due to the incident(s) and recommend treatment strategies where appropriate. Reviews can cover a wide range of issues such as a person's past or current testamentary capacity, a prisoner or an accused person's mental health and/or mental impairment where necessary sending them for more assessment or treatment outside prison. This article argues that independent medical reviews are a useful tool that can assist the civil and criminal courts processes.

Language: en

Keywords

Civil and criminal claims; ethical dilemmas; forensic screening process; independent forensic assessment; independent medical examinations; objective forensic evaluation by legal nurse consultants together with forensic physicians; positive input for court processes