West Coast Chapter Educational Opportunities:

Bay Area Chapter

October 9, 2010

“Plaintiff Med. Mal. Case Analysis"

Rita Kaye Restrepo, RN and
J. Niley Dorit, Esq.

Luncheon Meeting, 12:00 pm

Directly after the education meeting ends, all BACNC members are invited to join the Board Of Directors during our business meeting.

November 17, 2010    

“Tools of the Trade"

Marcy Robertson, LNC.

Dinner Meeting, 6:00 pm

Meetings at San Francisco Towers, San Francisco

For more information please go to:  www.bacnc.org/information.html

Orange County Chapter

Currently there are no pending meetings

2010 Meeting Location

Doubletree Club – OC Airport

7 Hutton Centre Drive

Santa Ana, CA

Directions:

55 freeway – exit west to MacArthur Blvd., left turn (south) at MacArthur Place, left turn on Sandpointe Ave., and drive into the free parking lot

For more information:  www.aalnc-orangecounty.org/calendar.htm

San Diego Chapter

Thursday, August 19, 2010

Speaker and topic to be announced soon

All meeting times are as follows:

5:30 – 6:00 Registration and Dinner

6:00 – 7:00 Educational Presentation

7:00 – 7:30 Q & A, Networking, Adjourn

All Thursday meetings held at Sharp Specturm:

8695 Spectrum Center Court

San Diego, CA  92123

CEU’s will be provided at the end of each meeting.  MCLEs are provided for select presentations.

For more details:  http://www.aalncsandiego.org/education.html

Puget Sound/Portland Chapters

Saturday, October 23, 2010

Sunday, October 24, 2010

 

“Legal Nurse Consulting Boot Camp”

         Conference Features:

Starting or restructuring a business

Marketing ideas that work

Performing a quality med-mal review

 

Taught by 2 pioneers in the Industry:

Rose Clifford, RN LNCC, provider of LNC Internships

Pat Bemis, RN CEN, President of NNBA

Conference Location: Red Lion Inn, Sea-Tac

Complimentary Airport Shuttle

Complimentary on-site parking

Discounted Room Rates

For more information & registration form,

go to our web-site:  www.seattleaalnc.org

Two-tier payment plan available: $149 by 7/1

Balance of $150 by 9/15

14 CEU’s Available

Other Webinar’s

Stay tuned for future listings.

Small Business workshops

Virtual Small Business Tax Workshop is composed of nine interactive lessons designed to help new small business owners learn their tax rights and responsibilities.  Check out the IRS website listed below to view.

http://www.tax.gov/virtualworkshop/

LNC tips of the trade:

Legal and ethical issues LNC's have to deal with on a regular basis.

There are many different situations an LNC could find herself in that might endanger her career. When specifically dealing with liability, the LNC should be aware of the theories that can be used against her, and how to avoid them completely.

To begin with, the major theories are malpractice cause of action, unauthorized practice of law, breach of contract cause of action, fraud, misrepresentation, breach of warranty, disciplinary action by a state board
of nursing, and others. Each of these theories of liability can be advanced against the LNC, so it's important to be cautious of when the LNC is accountable for her actions.

For instance, in the case of malpractice cause of action, the LNC is accountable for her actions AT ALL TIMES.  This is important to remember because the plaintiff must prove four elements against the defendant LNC :
Duty, Breach of Duty, Damages, and Causation. 

Beginning with duty, the plaintiff must first prove that the LNC has a duty that goes by  a specific standard of conduct.  The courts typically ask themselves., "Was there a relationship between the plaintiff and defendant
LNC at the time of the incident, and did it make the basis of the lawsuit?"  If yes, then the defendant LNC has a responsibility to the plaintiff to conduct herself prudently.

The plaintiff must also prove breach of duty by the defendant- LNC.  Negligence by an LNC is  "a departure from the recognized standards of practice for a LNC." In most states, the standards of practice would be based on what a reasonable LNC with the  same or similar skills and knowledge would do under such circumstances. 

Expert testimony would be required to establish the standard of practice for a LNC. The issue for the jurors to decide would be whether the LNC's actions were consistent with or deviated from the standards of practice. To be prepared for such instances, the LNC should be aware of the Relevant Nurse Practice Act, ANA standards, and any other principles that may apply to the LNC's practice.

Along with such issues, the plaintiff must also prove the damages that resulted from the LNC's negligence and must also prove there to be a connection between the acts of the LNC and the alleged damages (causation.)

While the LNC should be aware of the liability risks in each case, she should also know defensive strategies to avoid them. 

What’s happening today:

California Appellate Court Upholds Decision to Recognize the California Nursing Practice Act

06/09/10
The American Nurses Association (ANA), the nation’s largest nursing organization, is pleased to announce a significant victory on the issue of allowing unlicensed personnel to administer insulin in California schools. The California Court of Appeal, Third Appellate District upheld the decision of the trial court that allowing unlicensed school personnel to administer insulin violated California laws, including the California Nursing Practice Act.

http://www.nursingworld.org/HomepageCategory/NursingInsider/CA-Nursing-Practice-Act.aspx

Hundreds of nurses have been punished by other states while maintaining California licenses

June 28, 2010|Tracy Weber and Charles Ornstein

The state's Board of Registered Nursing has discovered that some 3,500 of its nurses have been punished for misconduct by other states — hundreds even had their licenses revoked — while maintaining clean licenses in California.

The board's discovery was prompted by a Times/ProPublica investigation last year that found hundreds of instances in which California nurses had been sanctioned elsewhere for sexual abuse, neglect, rampant drug use and criminality but could work freely in California.

After last year's report in The Times, California ran its list of 376,000 active and inactive nurses against a database maintained by the National Council of State Boards of Nursing, to which nearly all states voluntarily report their disciplinary actions. Among the matches were nurses who had been disciplined by multiple states, sometimes for the same incident.

Other states routinely do more to learn if their nurses are getting in trouble elsewhere. Thirty-seven states and the District of Columbia provide the names of all of their nurses — whether they've been disciplined or not — to the national council's database so that if any nursing board takes action against a nurse, the other participating states can be quickly alerted.

But because California and 12 other states don't participate, it's difficult for regulators elsewhere to know if they should alert those states. Nonparticipating states license more than 40% of the nation's 3.5 million registered nurses. 

For the complete article go to: 

http://articles.latimes.com/2010/jun/28/local/la-me-adv-nurses-20100628/3

In the news:

WHOOPING COUGH EPIDEMIC MAY BE WORST IN 50 YEARS 

SACRAMENTO - Urging Californians to get vaccinated now, Dr. Mark Horton, director of the California Department of Public Health (CDPH), warned today that the state is on pace to suffer the most illnesses and deaths due to pertussis, also known as whooping cough, in 50 years.

“Whooping cough is now an epidemic in California,” Horton said.

As of June 15, California had recorded 910 cases of pertussis, a four-fold increase from the same period last year when 219 cases were recorded. Five infants — all under three months of age — have died from the disease this year. In addition, 600 more possible cases of pertussis are being investigated by local health departments.

Pertussis is cyclical. Cases tend to peak every two to five years. In 2005, California recorded 3,182 cases and eight deaths.

For the rest of the article: http://www.cdph.ca.gov/Pages/NR10-041.aspx

MRSA/SA Test Recalled Because of Rare False-Negative Results

Robert Lowes

Posted: 07/03/2010

July 3, 2010 — A test to detect methicillin-resistant Staphylococcus aureus (MRSA) and S aureus (SA) has been recalled by the manufacturer based on an increasing number of complaints about false negatives for MRSA, the US Food and Drug Administration (FDA) announced yesterday.

The voluntary class 1 recall of the Xpert MRSA/SA Blood Culture Assay, manufactured by Cepheid, based in Sunnyvale, California, covers all kits made and distributed from October 21, 2008, through June 21, 2010. The product has been distributed to hospital laboratories worldwide.

Because the test has the rare potential to generate false-negative MRSA results, patients with MRSA infections may receive incorrect treatment or delayed care, according to an alert sent by MedWatch, the FDA's safety information and adverse event reporting program. So far, 1 adverse event has been reported to the agency through its medical device reporting process.

For the rest of the article:

http://www.medscape.com/viewarticle/724603?sssdmh=dm1.624918&src=nl_newsalert&uac=5408CZ

Mass. doc sentenced to 6 months for faking studies

(AP) BOSTON — A Massachusetts doctor has been sentenced to six months in federal prison for falsifying research into the effectiveness of some painkillers.

Scott Reuben, the former chief of the acute pain clinic at Baystate Medical Center in Springfield, was also sentenced on Thursday to three years of probation, ordered to pay a $5,000 fine and make restitution of about $362,000 to the companies that provided his research grants.

The 51-year-old anesthesiologist from Longmeadow pleaded guilty in February to health care fraud.

The hospital found that Reuben misrepresented findings in 21 studies dating to 1996. At least 13 of his studies published in professional journals had to be retracted.

His lawyers have said Reuben suffered from bipolar disorder.

Copyright © 2010 The Associated Press. All rights reserved: 

http://www.google.com/hostednews/ap/article/ALeqM5gH2GqHuDPSq2sPKULEYKUR-DceSwD9GI9JMG0

Diabetes Type 2 Drug Avandia (Rosiglitazone) Linked To Higher Stroke, Heart Failure And Death Risk Compared To Actos (Pioglitazone)

29 Jun 2010 - Patients aged at least 65 years who have diabetes type 2 and take Avandia (Rosiglitazone) have a higher risk of developing stroke, heart failure, and even dying compared to similar patients who take Actos (Pioglitazone), according to a new study published in JAMA (Journal of the American Medical Association).

For the complete article: http://www.medicalnewstoday.com/printerfriendlynews.php?newsid=193282

Radiation-Emitting Products

Results to Date

Is there a connection between RF and certain health problems? The results of most studies conducted to date say no. In addition, attempts to replicate and confirm the few studies that have shown a connection have failed.

The scientific community at large therefore believes that the weight of scientific evidence does not show an association between exposure to radiofrequency (RF) from cell phones and adverse health outcomes. Still the scientific community has supported additional research to address gaps in knowledge. Some of these studies are described below. 

For more information: http://www.fda.gov/Radiation-EmittingProducts/RadiationEmittingProductsandProcedures/HomeBusinessandEntertainment/CellPhones/ucm116335.htm

FDA NEWS RELEASE

May 24, 2010

FDA Clears First 2009 H1N1 Influenza Virus Test Previously Available Under Emergency Use Authorization
Clearance will allow continued use of Simplexa Influenza A H1N1 (2009) test

The U.S. Food and Drug Administration today announced it has cleared the Simplexa Influenza A H1N1 (2009), a test for the 2009 H1N1 Influenza Virus in patients with signs and symptoms of respiratory infection.

Until this clearance, tests for 2009 H1N1 Influenza were only available through an Emergency Use Authorization (EUA), which allows the FDA, based on the evaluation of available data, to authorize the use of unapproved or uncleared medical products or unapproved or uncleared uses of approved or cleared medical products, during the time a declaration of emergency is in effect.

On April 26, 2009, the U.S. Department of Health and Human Services declared a public health emergency due to the 2009 H1N1 Influenza Virus. EUAs for devices will cease to be effective when the public health emergency declaration expires.

“With this clearance, the availability of Simplexa H1N1 test will not be affected when the public health emergency expires,” said Jeffrey Shuren, M.D., J.D., director of the FDA’s Center for Devices and Radiological Health.

For more information:  http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm212997.htm

Recalls/Product Safety:

For more information: http://www.fda.gov/Safety/Recalls/ucm214005.htm 

Sagent Pharmaceuticals Initiates a Nationwide Voluntary Recall of All Lots of Metronidazole Injection, USP 500 mg/100 ml

FOR IMMEDIATE RELEASE - May 17, 2010 - Sagent Pharmaceuticals, Inc. today announced the voluntary nationwide recall of all lots of metronidazole injection, USP 500mg / 100mL (NDC number 25021-131-82) manufactured by Claris Lifesciences and distributed by Sagent. The lot numbers being recalled are: A090742, A090743, A090744, A090745, A090746, A090769, A090770, A090771, A090772, A090773, A090774, A090775, A090776, A090968, A091014, A000013, A000016 and A000019, which were distributed to hospitals, wholesalers and distributors nationwide from February through May 2010. Metronidazole injection, USP is an intravenous antimicrobial product used to treat infections and is supplied in a single dose plastic container.

Sagent has initiated this voluntary recall to the user level due to the discovery of non-sterility in two lots of metronidazole injection. Non-sterility of an antimicrobial administered via the intravenous route has the potential to result in infections, which could be fatal, especially in patients who are immunocompromised. Sagent is not aware of any adverse patient events resulting from this product and is continuing its diligent investigation of the situation. This recall is being conducted with the knowledge of the Food and Drug Administration. 

For more information:  http://www.fda.gov/Safety/Recalls/ucm212302.htm

Product Approvals:

Stay tuned for more with the next newsletter!

Medicare & Medicaid Informational tid-bits!

Seventeenth defendant convicted in $15 million Medicare fraud scheme

Complaince Monitor June 2, 2010 - In California, a $15 million Medicare fraud scheme case has finally come to an end after the 17th defendant was convicted following six years of litigation, according to a Department of Justice (DOJ) press release: http://www.justice.gov/usao/cac/pressroom/pr2010/087.html

Xinming Fu, MD, pleaded guilty May 17 to conspiracy to pay kickbacks and healthcare fraud in connection to a Medicare fraud scheme that supplied unnecessary respiratory treatments to the elderly and mentally ill. Herman Thomas, owner of a respiratory treatment program, recruited doctors who paid illegal kickbacks to marketers who in turn paid kickbacks to the owners and administrators of the board-and-care facilities, according to the DOJ. These facilities provided care to mentally ill and elderly Medicare beneficiaries via Thomas’s treatment programs.

Almost daily the respiratory therapists provided unnecessary treatments without physician supervision and outside of a physician’s office, both violations of Medicare regulations. Patients were enticed to undergo treatments with soda, candy, donuts, and cigarettes, according to the DOJ. The therapists often performed treatments in the facilities’ smoking rooms.

For more information on this article:

http://www.hcpro.com/CCP-251765-862/Seventeenth-defendant-convicted-in-15-million-Medicare-fraud-scheme.html

Intercare Health Systems to pay $10 million for False Claims Act violation

Compliance Monitor, June 2, 2010

Intercare Health Systems Inc. (Intercare), former owner of City of Angels Medical Center (City of Angels), will pay a $10 million consent judgement to the United States for fraudulently billing the Medicare and Medi-Cal programs, according to a Department of Justice (DOJ) press release.

City of Angeles allegedly paid kickbacks to patient recruiters who worked at homeless shelters in Los Angeles to deliver homeless clients to the hospital for unnecessary medical treatments. City of Angels violated the False Claims Act by billing Medicare and Medi-Cal for the needless medical treatments, according to the DOJ.

Robert Bourseau and Rudra Sabaratnam, former owners of Intercare, and several others involved in the scheme entered into the $10 million consent judgement in January. 

For more information on this article: 

http://www.hcpro.com/CCP-251766-862/Intercare-Health-Systems-to-pay-10-million-for-False-Claims-Act-violation.html

Small Business Owner Information and Tips

Marketing and Advertising Your Business

Build it and they may not come. What steps do you take to market and advertise your business? How do you find out about your customers, competitors and your marketplace? What cost-effective channels do you use to spread the word? Learn the basics and find resources for marketing and advertising your business.  Go to:

http://www.business.gov/manage/marketing/?cm_re=HomePageLinks-_-July2010-_-SmallBizMarketing

Business Expenses and Tax Deductions Explained – A 101 for Small Business Owners

"There may be liberty and justice for all, but there are tax breaks only for some.” (Martin A. Sullivan, economist) Well, yes, if you know where to find them and apply them correctly. For small business owners, these tax breaks often come in the form of tax deductions. To help you navigate the complex world of business tax deductions, here is some guidance that will help you take the deductions you deserve.

Read more... http://community2.business.gov/t5/Small-Business-Matters/Business-Expenses-and-Tax-Deductions-Explained-A-101-for-Small/ba-p/24309?cm_mmc=GovDelivery-_-070710-_-weekly-_-community

AALNC General Information:

Founded in 1989, the American Association of Legal Nurse Consultants (AALNC) is a not for profit membership organization dedicated to the professional enhancement and growth of registered nurses practicing in the specialty area of legal nurse consulting and to advancing this nursing specialty

The American Association of Legal Nurse Consultants promotes the professional advancement of registered nurses consulting within the legal arena by providing a forum for education, research and exchange of information.

AALNC Featured in the May 2010 Issue of TRIAL magazine In the most recent issue of TRIAL magazine, former AALNC board members, Kara DiCecco (Director-at-Large), Barbara Levin (Past President) and Mindy Cohen (Past President), wrote an article which features AALNC! To read the article and see your AALNC leaders promoting the organization and the legal nurse consulting profession. Reprinted with permission of TRIAL (May 2010) Copyright American Association for Justice, formerly Association of Trial Lawyers of America (ATLA®) For more information and copies of the articles:  http://www.aalnc.org/TrialMagazine.pdf	Member Benefits: Support AALNC When You Shop Amazon.com! Access Amazon.com using AALNC's special web link and help support the Association. You can purchase books, music, movies, and more on Amazon.com for work and for play. By accessing Amazon.com through the AALNC link, you are helping AALNC every time you shop. http://www.amazon.com/exec/obidos/redirect-home/amerassoofleg-20.   Visit the AALNC President's Blog We invite you to visit the AALNC President's Blog and read the newest post highlighting important events happening within the organization and the field of legal nurse consulting! The blog is accessible directly at http://aalncnationalconferencemarch25-27.blogspot.com//  and from the homepage of the AALNC Web site. All members are encouraged to bookmark the blog so that you can visit it regularly to read updates! American Association of Legal Nurse Consultants has worked hard to provide you and your staff with a benefits program equal or better to those normally found only at the largest companies. Purchasing through this site has many benefits for both you and AALNC!  Our benefits consultant, Association Benefits Corp., has combined the purchasing power of multiple associations to negotiate the best possible deals for you in your travel & entertainment, business, financial and personal needs.  The more our members purchase through this site, the more discounts they can negotiate. For more information: http://www.aalnc.org/ and click on members only.   AALNC Membership benefits portal:  http://208.106.242.84/ABCcontrol/categories.asp?id=EA1C4141695BAEB5
Educational Opportunities: Stay current with up and coming educational events for national conferences and for all the local and chapters events nationwide:  http://www.aalnc.org/conf/ LNCBiz: Creating a Business Plan for your LNC Practice With these difficult economic times, now more than ever LNCs are looking for ways to grow their business and remain at the forefront of the practice. AALNC is excited to continue to offer you LNCBiz: Creating a Business Plan for your LNC Practice, a business course which will help you grow your business and maximize your success as an independent practitioner. This course is not only for new LNC's, but also for those who have established practices and may be looking for new ventures and ways to expand their business. For more information on this course, please visit http://www.aalnc.org/LNCBiz/index.cfm.   AALNC Online Learning Welcome! AALNC is pleased to offer a variety of online educational opportunities for current and future legal nurse consultants.  Please feel free to check into any and all AALNC’s online education. http://www.aalnc.org//onlinelearning/advantages.cfm   Journal of Legal Nurse Consulting (JLNC) Contact Hour Program: Each edition of the JLNC will feature one article that has been selected for the JLNC Contact Hour Program. Participants enrolled in the program will be required to complete an online post-test for each featured article. Participants who pass the test with a score of 70% or greater will be granted CNE and will be able to print their certificate of completion. Quizzes for the featured article will be added to the participant’s online workspace at the time the edition is published. For more information go to:  http://www.aalnc.org/ sign in as a member then follow the link on the left hand panel called: 2009 Journal of Legal Nurse Consulting (JLNC) Contact Hour Program. Addition to the Members Only Section - Legal Nurse Consulting Profession Power Point Presentation Legal Nurse Consulting Profession Power Point Presentation - Prepared especially for experienced legal nurse consultants who want to educate new LNCs or clinical nurses who are interested in the field of legal nurse consulting. The Power Point Presentation includes an in-depth look at various LNC practice settings, the role of the LNC, LNC education and job market considerations and practice standards for LNCs. AALNC provides this presentation as a member benefit and does not imply endorsement of any presentation or services solicited using this PowerPoint.	Bookstore: Order the Principles and Practice, 3rd Edition TODAY! AALNC is proud to announce that Legal Nurse Consulting, Principles and Practices, 3rd Edition is NOW available for purchase! Order Volume 1, Volume 2, or the Complete Set This newly revised edition is bigger than ever, and has been divided into two volumes for ease of use: Legal Nurse Consulting Principles (Volume 1) includes an in-depth analysis of the LNC field and serves as a comprehensive and authoritative resource for any LNC. Legal Nurse Consulting Practices (Volume 2) includes many new practice areas such as Critical Care, Neonatal Nursing, Obstetrical Nursing, Anesthesia Care, Administrative Health Law, and Medicare Set Aside Arrangements. It also includes expanded areas from previous editions such as: Long Term Care, Developmental Disability, Life Care Planning, and Independent Practice as an LNC. All practicing LNCs will be sure to routinely consult both volumes as their professional go-to reference. Add both volumes to your library today! Place your order online (don't forget to login using your AALNC Member ID number to receive the member discount) and order your copy today:     Non-Member Price Member Price Volume 1 89.95 80.00 Volume 2 89.95 80.00 Set 149.95 135.00
Certification: Certificate vs. Certification A clear comparison of the differences between earning a certificate as an LNC and earning your certification as an LNC http://www.aalnc.org/lncc/about/certificate.cfm The 2010 Exam’s To see a listing of the exam sites and to apply for the exam, please visit: http://www.aalnc.org/lncc/exam/application_form.cfm.      Newsletter: AALNC Network News http://www.aalnc.org/members/networknews/2009/may.cfm	Journal of Legal Nurse Consulting The Journal of Legal Nurse Consulting Spring 2010 Edition is NOW Available Online The 2010 spring issue of The Journal of Legal Nurse Consulting is now available online! As you are aware, the AALNC Board of Directors has taken your feedback and voted to offer The Journal of Legal Nurse Consulting electronic. You can now download the journal in a PDF format by logging into the Members Only section of the AALNC web site and then clicking on "JLNC Archives" to view this wonderful edition!   Share Your Personal Injury Stories! The Journal of Legal Nurse Consulting is seeking LNCs willing to share their experiences in personal injury cases. If you would like to contribute, please contact Journal Management at JLNC@aalnc.org.   The Journal welcomes submissions from all practitioners -- please advise your non-member colleagues that they are welcome to submit. Even if you don't have PI experiences to share, please consider writing on other topics. The Journal continues to accept manuscripts of all LNC-related topics.