Description

Handouts

Outline

Healthcare Litigation

• Evolving trends in nursing litigation today
• The essence of the story behind litigation
• The burden of proof
• The expert witness seals the deal. Understand the impact.
• Learn whether you should (or shouldn’t) have your own malpractice coverage

The Components of Documentation

• Guidelines and interpretation
• Avoiding mistakes
• A lawyer’s secret weapon: Time stamping on YOUR documentation
• Social networking and indirect care
• Timeline chronology and mapping the case

Electronic Nursing Documentation

• American Recovery and Reinvestment Act
• Meaningful Use
• Risky electronic documentation practices
• Charting by exception
• Dangers of email, social networking, and texting
• Should you make a late chart entry? Or not …?
• Avoid the hazards of dropdown boxes in your medical record system

Electronic Medical Record Strategies

• Time management
• Liability
• Software knowledge/Informatics
• Does the case have merit?

Reimbursement and Documentation

• Medicare and Medicaid Changes
• Incentives for participation
• Hospital Acquired Conditions

Elements of a Lawsuit

• Plaintiff complaints
• Medical record review
• Timeline chronology
• Evidence
• Plaintiff deposition testimony

Documentation: When Things Go Wrong

• Compliance
• Unsafe processes
• Regulations
• Incident reporting
• Adverse events and risk factors
• When to ask/demand help from a supervisor
• When the patient must transfer out
• Standards that are within standards
• Deviations, real or perceived
• Errors of omission and commission
• Communicating clearly
• Defense deposition testimony

Avoiding Risky Documentation

• Credible evidence
• Avoiding ambiguity
• Recording events objectively
• Late entries and correcting errors

What if the Worst Happens

• Duty/Breach of Duty
• Nurse Practice Act
• State Board of Nursing
• Depositions

Faculty

Brenda Elliff, RN, MPA, ONC, CCM, LNCC

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Brenda Elliff, RN, MPA, ONC, CCM, LNCC established Elliff Medical-Legal Services in 1996. As a legal nurse consultant, she assists on both plaintiff and defense cases. She performs record reviews, develops strategies and provides expert witness preparation.

Her work involves Medical Malpractice, Worker’s Compensation, Personal Injury and a variety of legal cases. Previously, Brenda worked as a Health Care Coordinator for a large law firm and taught a Legal Nurse Consultation review course. Initially she began working with attorneys on legal cases in California and has now expanded her scope throughout the Pacific NW.

Her clinical nursing experiences are vast and span 40 years. Brenda has worked as a staff nurse, as a nurse manager at major teaching facilities, as nurse case manager and as an adjunct nursing professor.

When not nursing, Brenda enjoys participating with a local performing group. The group has performed at the LA Christmas Parade, 75^th Anniversary of Pearl Harbor Parade in Honolulu, Washington DC Cherry Blossom Parade.

Past nurses who have attended Brenda’s programs have appreciated the dynamic and fun way in which she can deliver excellent clinical and legal information. She has been a sought-after speaker at national, state and local levels, on a variety of topics that draw from her areas of expertise.

Speaker Disclosures:

Financial: Brenda Elliff maintains a private practice. She receives a speaking honorarium from PESI, Inc.

Non-financial: Brenda Elliff has no relevant non-financial relationships to disclose.