Anger vs Depression

The problem with misidentifying an angry person as depressed is that the treatment for clinical depression is not benign.

Antidepressants

The drugs used to treat depression can interact with other drugs, can lead to symptoms (side effects) of their own, and are not inexpensive. More importantly, antidepressants are not a solution to anger.

Aggravating a patient whose pain complaints are minimized may result in a constellation of symptoms that at once appear to be both anger and depression. Being in pain often results in dependency upon whomever can provide relief.

This reliance upon others is sometimes referred to as “hostile dependency.” Interestingly, this is also seen in teenagers who seek to, but cannot really afford to, be independent.

So, let us assume that the patient is quite angry.  In both depression and anger, the individual is sullen, often withdrawn and brooding, restless and agitated, and likely no one wants to listen to what seems like endless complaining.

Whether a clinician or counselor, someone needs to spend time differentiating (and helping the patient separate) between anger and depression. Anger can be resolved with reassurance that amends will now be made. Depression, by contrast, requires treatment.

PTSD and Comorbidity

Comorbidity (co-existing) conditions are not uncommon with PTSD and frequently include depression and other clinical disorders. The oppressive symptoms of PTSD feel inescapable to the patient who may self-medicates with alcohol or other drugs which they secure from doctors or from the street.

The co-occurrence of PTSD and substance use is a major public health concern. It is very easy, and somewhat naive, to believe that a patient with PTSD knows immediately how to curb the intake of drugs and alcohol. The patient sees these agents as temporarily lowering apprehension, anticipation, fear, worry and alarm. Doctors become reluctant to address the PTSD symptoms, fearing they will increase the anxiety and, thereby, the substance abuse. Conversely, others fear that if they address the substance abuse, then the patient has no viable means to combat the symptoms of the PTSD. Both positions are inaccurate. The reality is that the addictive behaviors and the anxiety behaviors must be addressed at the same time.

Do they know how they feel, and why?

Guest post:

Alexithymic individuals (males more than females) cannot express their feelings verbally. They either act them out (destructively) or hold them in (intrapunitive and equally destructive).

These alexithymic individuals are more prone to develop somatic symptom (formerly somatoform) disorders (excess focus upon bodily complaints). They are also more prone to psychophysiologic – physical – destruction arising from psychological) disorders.

Although a challenge, it is possible to psychologically examine these patients and analyze this pervasive pattern of inability to healthily express emotions.

Family members will often refer the person having this problem. For many of these patients, their bodily focus will decrease when they have the opportunity to discover what they truly feel and how to appropriately deal with these feelings.

Violence Against Nurses

Nurses who worked in the emergency department and mental health units reported the highest mean number of violent incidents per staff member, followed by those in the medical and restorative areas. Overall, nurses reported an average of 2 to 46 incidents a year.

A 2010 study found that 75% of the nurses had been involved in 1 or more incidents of workplace violence in the last 12 months and reported a total of 2354 incidents. A fourth of the respondents said they had experienced violent incidents weekly, 27% monthly, and 25% once every 6 months; 23% reported they had never experienced any violence.

More Than Half Experienced Physical Assault


Virtually all of the nurses surveyed reported experiencing verbal abuse, 69% had been physically threatened, and 52% had been physically assaulted in the year before the survey. Violent events were perpetrated regardless of the nurses’ age, educational qualifications, years of experience, and sex.

The nurses said they did not report the violent episodes because they considered such events to be part of the job and because they “happen all the time.”

J Clin Nurs. 2010;19:479-488.

Anxiety’s Impact upon Informed Consent

Informed Consent and Anxiety

Informed consent is often structured around insuring that the patient has been duly informed of the risk-benefit ratio of clinical procedures. Informed consent does not always seek to determine the depth to which the patient understands the necessity of a procedure or the process of treatment. Perhaps more important is that the anxiety associated with physical disorders that increases when the patient feels they are stripped of control, and often their own identity. 

Regardless of the amount of time or materials provided the patient, the capacity to internalize the data is then compromised. 

The first impact of anxiety upon cognitive functioning is to disrupt attention and its more complex associated skill, concentration. Regardless of the extent to which the patient is “educated,” the question remains, how much information are they capable of retaining? In the absence of the retained data, to what extent is the patient threatened, confused or alarmed by their own lack of education?

Among the means by which these issues can be addressed by the doctor are the following patient queries:


a. Has anyone spent sufficient time with you explaining both your condition and the treatment recommended?


b. Do you have lingering confusion as to what has been found and what treatment is indicated?


c. Are you able to understand the terms used by those treating you, and are you able to ask questions regarding those terms when you need more clarification?


d. Do you feel that the educational material is appropriate for you or are you being provided with too little data to answer your questions or too much data resulting in increased confusion.

Clarifying these issues is not only critical to the patient’s understanding. It is a necessary step of self-protection for the clinician who might otherwise be blamed for unanticipated negative outcomes. 

The Phenomenon of Memory

Repeatedly, we reviewers of medical records note distortions between immediate recall of an injury and successive changes in the description of said event.

Some perceive this as malingering, or at best, an attempt to inflate the value of a legitimate injury.

While exaggeration can be used for financial gain, the phenomenon of false memories is common to us all. Equally, a traumatic memory may be suppressed and forgotten, only to arise unexpectedly when the proper cueing occurs. This is seen with true Posttraumatic Stress Disorder. A patient burned at work functions well at home and around town, until driving past the place of their injury. Memories flood and incapacitate them.

When my children share memories of their childhood, they most vividly recall the negative events that stand out as an aberration. This would be more palatable if they equally recalled the care and love we had shown them on a regular basis, but it is not so. Daily and expected comfort and support, sadly, is not memorable. Pain and loss are more likely to be imprinted or suppressed in their developing psyche.

Within the context of an accident, the injured party must describe the event repeatedly for EMS, the ER, family, their personal physician, subsequent medical specialists, and their attorney.

If patients recover from their injury, eventually their support system will slowly fade away. They no longer need home health or mobility aids, their physicians see them less frequently, and their physical therapy eventually ends. Their family expects a return to normalcy.

But the patient may not have returned to their normal state. And that, to an injured person, is unacceptable. A new physician may hear a different rendition of the original accident, one that serves to impress upon the specialist the heinous nature of the injury.

The most accurate recall, in my experience, is in the emergency room, barring a head injury or loss of consciousness. When the description changes over time, our duty to the truth requires a methodical review of the medical records. In this way, we can often pinpoint the deviation in recall, allowing those who represent the patient to measure the accuracy of the event, and the reliability of their client’s memories.  AMA

Projecting Costs: the Larger Picture

When it’s time to factor future medical costs, a common concern is that the projection may be insufficient to meet a patient’s needs. The strong temptation is to include all potential complications, and choose the highest-end durable medical equipment. However, this is rarely the best approach to meeting that patient’s needs. The resulting exorbitant projection may result in rejection of an otherwise reasonable settlement.

Professionals may confuse Life Care Plans with Medical Cost Projections:

A Medical Cost Projection, or MCP, is confined to reviewing medical records and projecting the costs of a specific surgical procedure or medical course of care. Some of those costs are projected for the lifetime of the patient, or the weeks remaining on a worker’s compensation claim.

Performing a Medical Cost Projection does not require professional certification and although classes are available, many MCPs are constructed by individuals who seek guidance from peers.

MCP’s are factored by geographic adjustment, reimbursement by private insurance or state Board fee schedules, and vary in quality and accuracy depending upon the contractor’s experience.
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A Life Care Plan, or LCP, does require certification since these plans are often associated with depositions and testimony at trial. When a patient has a catastrophic injury or illness, the plan may involve a visit to the patient’s home, interdisciplinary communication, coordination, and anticipation of lifelong healthcare needs.

Life Care Plans are based upon actual charges and are not limited by the concept of reimbursement. The plans require a careful assessment of the patient’s lifetime needs, family resources, community and educational support, medical supplies, and potential complications.

In predicting future complications, Nurse Life Care Planners have the advantage.

In the hospital setting, nurses oversee every aspect of patient care and coordinate scheduling among respiratory, physical, occupational and speech therapies, dietary consults, and diagnostic procedures. Certified Nurse Life Care Planners are attuned to the patient’s need for and response to medication, the status of their hydration, mentation, skin integrity, and early signs of complications. Our experience and utilization of nursing diagnoses guide us in prevention and management.

While physician diagnoses support the need for medical care and shape the bones of an LCP, nursing diagnoses, of which there are 250, flesh out a life care plan. A nurse with experience in burn care, TBI, cerebral palsy, amputations or the elderly, knows what constitutes a preventable complication. Our plan recommendations align with nursing diagnoses and our only boundaries are those established by the Nurse Practice Act of our state.

But whether a Life Care Plan is constructed by a nurse, social worker, counselor or rehab supplier, the goal remains the same: planning and funding for care that will maximize the patient’s potential for independence while adding to the quality of their remaining years.

The Changing Face of Body Language

As the daughter of an Army Drill Sergeant, I grew up around Fort Jackson, SC. We shopped at the PX, attended the Roman Catholic church on base, bought 29 cent gasoline and went to the movies for a …

Source: The Changing Face of Body Language

You thought this case had merit

Every law firm has a unique philosophy that guides them in their decision to represent a plaintiff or plaintiff’s estate. With that in mind, if a case is turned down, it is always for a good reason that applies to that particular firm. Most attorneys want to clearly explain reasons for denial in layman’s terms with the potential client.  No firm wants to be sued for professional negligence, so part of the explanation will emphasize that the plaintiff or family are free to seek a second legal opinion.

If you are asked to review medical records so that the attorney can determine the merits of a potential case, keep these points in mind:

  • The medical facts were not compelling during the initial review, or perhaps were not “facts”.
  • The firm does not handle this type of case – be certain you have a good understanding of the firm’s preferred specialty area
  • The case has merit but will require more money and resources than the firm can apportion
  • The firm handles high value cases referred to them by smaller firms who find merit, but cannot afford the cost of experts, records, depositions, etc.
  • The medical injury is a high-risk surgery or other event with known complications that are difficult to define as negligent
  • The permanent damages are minimal – the patient feels that past expenses support the severity of damages but in truth, future loss and costs determine the ultimate value

Know the firm’s philosophy, preferred type of work, tolerance for financial risk, and most importantly, the attorney’s first-brush legal opinion of the case. That opinion, more often than not, is accurate.

Authenticity

I believe the greatest barrier/challenge that faces a new LNC is the ability to manage anxiety in new situations, meetings, presentations or interviews with attorneys.

These are the same problems faced by attorneys in preparing a closing argument.

When I began meeting new attorneys, I know that I did not project self-confidence. I will always be grateful for the ones who hired me despite this shortcoming. I was not convinced of my worth or that I could provide what they needed. I knew the lingo and had read the bullet list of 30 benefits of hiring a legal nurse, but I had not yet delivered those benefits.

I grappled for words that would communicate my competence in case analysis, but I was relying upon the success of others to give me courage.

Amy Cuddy is a social psychologist with a fascinating story (find her on TED talks and read her book, “Presence”). She combines multiple philosophies and her own experience to describe that hard-to-capture essence of convincing others that you are worthy.

Convincing others of your worth begins with conviction that you have the qualities you wish to impart. When you truly believe in what you do and who you are, others will also believe. I know after ten years and many hundreds of cases from all sides of the law that I am who I say I am.

True authenticity is not memorized or rehearsed; it comes from the heart.

The Dependency Curve – Guest Post from Dr. David B. Adams

This Week’s Topic: “It’s Curvilenear”

Question: “He clings to me, then resents me, then begs me and then rages against me.”

Dr. Adams replies: ”We enter life entirely dependent aside from vegetative functions. We cannot exist on our own, and this characterizes most living species.

We oft-times terminate our existence by returning to that same position, reliant upon others for the same functions that we had learned to perform independently so many decades ago. It is the curvilinear shape of dependence.

We learn to ambulate, communicate and negotiate our world in stages and steps that enable us to function as separate beings, and, in turn, we then rear our offspring to do the same. This is how society exists and advances.

There are obstacles and trauma that require us to briefly regress to deal with illness and injury, loss and disappointment, but in all cases we return to that path of autonomy.

We marry and become interdependent. We allow others to manage most of our lives and become passive-dependent. We become addicted and co-dependent. We resent those upon whom we must rely and become hostile-dependent.

An injury may require an acute period of return to dependency. We call upon emergency medical services, rely upon primary care, must defer to hospital policies, and for the most part we become conditioned, helpless to the point that we cannot even remove our own sutures (sidebar: Unless you are married to a nurse, but that’s likely off-topic).

Injury becomes a struggle between the inherent need to be independent and the concurrent and often pressing requirement that we temporarily accept our dependent role. This will include passively accepting our providers, their schedules, their treatment approach, as well as the consistency/inconsistency of receipt of benefits. Since this most often is in sharp contrast to how we existed only seconds prior to injury, this is arguably the greatest trauma of all.

For some patients, dependency is a characterological flaw. It is a personality defect awaiting expression. It may have presented multiple times during the patient’s history, times to which we are not privy. But the chronically emotionally dependent patient becomes a challenge in case management.

Those assisting the chronically dependent patient become the target of neediness, resentment and fear. The role must remain clinical and, to some degree, sterile in order to address objective damages. The dependency may be emotionally catastrophic for some patients, but it is not often addressed during the course of injury care.

It is essential to recognize that the dependency arising after injury is either something that the patient finds aversive or something to which the patient too readily acclimates.

An injury can be catastrophic to the point of complete and permanent inability to attend to the Activities of Daily Living. In all other instances, the goal from the outset must be a return to whatever level of independence can be achieved. Thus, the inpatient healthcare team includes discharge planning and goals in their initial assessment upon admission.

Mediating with a Full Deck

It’s no secret that most civil cases never go to trial, or that insurers would be happy to settle workers comp cases rather than periodically increase their reserves. Unfortunately, it is also true that plaintiffs have no way of knowing how to value their claim or accept their attorney’s recommendation for a reasonable settlement. They drink the Kool-Aid of TV commercials, uninformed friends, and the back-end advice of their city bus.
More importantly, attorneys  have a difficult time knowing how to place a proper value on their client’s claim for future medical costs. Looking at past costs and lost wages is a cut and dried process. Asking colleagues for a ballpark figure on surgery, or going to a source like Healthbook, never takes into account the individual needs of client. And the client (patient) lives for the future.
Since mediation is often the final chance to intervene in an injured person’s life, make sure the potential costs are known, and presented in a professional format that facilitates acceptance at the table. Using the proper CPT codes, basing the cost on the State workers compensation fee schedules or the 75th percentile of UCR, including recent office visits, diagnoses and current life expectancies, creates a powerful tool for settlement.
Medical Cost Projections should be based upon the recommendations of the treating physician for potential surgery and medical care; annual costs of physical therapy, psychological care, x-rays, lab work, office visits, medications, DME equipment, bath and kitchen aids, yard and home maintenance if this will be an issue, and other costs that might occur with catastrophic injuries.
Big or small, every settlement matters to the patient whose life continues after both sides of the table go home, or on to the next case.

Maintaining the Veil of Anonymity

Just as new LNCs are feeling their way, so are new attorneys. And plaintiff counsel may not have a flexible budget until they have been in practice for a while.

Personal injury and med-mal attorneys who tell their clients that “they won’t pay unless their case is won” still have to cover expenses. Workers compensation attorneys must convince the injured worker that a body of work is important enough to warrant a portion of their settlement.  So even though a merit screen or a chronology is warranted, that attorney may worry that the client will not see the value in such services. After all, they expect the attorney to know if their case is viable.

On rare occasion, a new attorney may ask a nurse consultant to meet directly with a patient in case evaluation, and to accept payment for their service directly from the patient. This practice is not recommended for the independent nurse contractor.

I want my attorney to be comfortable, but I also know that my value resides in anonymity. When asked if I will accept payment from the patient directly, here is my reply.

I understand that you will pass this expense on to your client, but it is in both of our best interests to maintain a veil between me and your client.
1. An assessment for merit is a clinically objective appraisal.
2. Clients (as you know) are emotional and feel they must compel someone to agree with them.
3. My relationship as an independent contractor is with you – you are my client.
4. Merit may be in question because of inconsistencies in the client’s complaint, or because they are over-reaching, or because they equate malpractice with unforeseeable complications and mistakes. This is pivotal, but a hard pill to swallow.
5. My value to you is my invisibility because you are the principal – you are the person they want to hire – I am in the background.
6. My work product is always confidential and my opinion is withheld from experts, even when they use my objective chronology. I cannot control this process if I am accessible or responsible to anyone but you.

That said, I can write a short paragraph that explains exactly what I will be doing and why an experienced nurse should evaluate medical records.

If there is a question of merit and you decide not to take the case, I can craft a short and clear layman’s explanation of the medical injury/condition for you to incorporate into your response.

Please let me know if I can be of any assistance to you in this matter.

I look forward to a long working relationship with you.

All the best,

Stroke and CHI – Key Concepts for Legal Professionals

Stroke and CHI – Key Concepts for Legal Professionals.

Stroke and CHI – Key Concepts for Legal Professionals

Head injuries or brain damage can occur anywhere – in the workplace, in an MVA, in medical malpractice, toxic torts, a domestic fall, and environmental exposures.

Litigated head injuries generally arise from two sources:

1. Accidents
a. blunt trauma (fall, violent blow or MVA)
b. penetrating trauma (gunshot)

2. Medical causation (stroke)
a. ischemic (a clot blocking blood flow to a major artery)
b. hemorrhagic (rupture of a major artery causes damage to the brain)
c. TIA or Transient Ischemic Attack (symptoms resolve within 24 hrs)

In all instances, brain injury is affected by blood: either blocked flow (ischemia) or bleeding that puts pressure on another area, damaging tissue. The location of the injury is the most important determinant of the severity and likelihood of recovery.

Key Concepts

• Rate and degree of recovery after brain injury is quite variable

• The most common form of traumatic brain injury is the subdural hematoma (SDH), with a mortality rate ranging from 50 – 90%. A significant percentage of these deaths result from the pressure on the brain that develops in the days after injury. Treatment of the SDH depends upon the location and age of the lesion. Because bleeding is not static, “Early and sometimes repeated CT scanning may be required in cases of clinical or neurologic deterioration, especially in the first 72 hours after head injury, to detect delayed hematoma, hypoxic-ischemic lesions, or cerebral edema.”

• Approximately 20-30% of patients will recover full or partial brain function. However, post-operative seizures are relatively common in these patients.

• Although recovery from TIA (transient ischemic attack) occurs within 24 hours, these patients may be at a high risk for falls if they may regain mobility before being aware of their surroundings.

• Strokes arising from blood clots usually require anticoagulation therapy to prevent further clotting, but improper medication management can result in a fatal hemorrhage

• Because patients can “go bad” quickly, frequent monitoring of vital signs, ICP (intracranial pressure) measurements, lab values, pupil checks and level of awareness is crucial.

• A critical part of assessment includes changes, even by one point, in the Glasgow Coma Scale

The Glasgow Coma Scale (GCS) numerically represents the level of consciousness and is based upon a 15-point scale for estimating and categorizing the outcomes of brain injury. The patient who is unable to respond verbally or follow commands can nonetheless have a reflexive response to painful stimuli. Families do not appreciate this form of assessment, but the patient’s physical response tells a great deal about how the brain is processing this noxious stimulus. The following signs are associated with a poor prognosis:

• A Glasgow Coma Scale less than 8 in the field
• A Glasgow Coma Scale less than 5 in the ER
• Unequal/changing pupil size
• Motorcycle accident (direct head impact and no airbag)
• Problems with ventilation, further depriving the brain of oxygen

A patient with an acute and severe brain injury may be placed into a medically induced coma to protect and allow the brain to rest by slowing metabolism. Mechanical ventilation controls oxygen and carbon dioxide levels that can aid in reduction of swelling, and sedation allows an override of the patient’s breathing, which is often labored and dysfunctional.

Pain should be managed effectively because it can lead to a rise in intracranial pressure. An intubated patient is treated with short acting sedation and analgesia until time for weaning.

Claims for pain and suffering in the unconscious patient should consider:

• The victim’s awareness of impending danger prior to the head injury (an assertion of this awareness has been successfully argued even with death cases)

• Successfully communicating to a jury the difference between purposeful movements and reflex, and

• Evaluation of post-injury residuals established by Medical Cost Projection or Life Care Plan.

Putting post-injury impairment into perspective, it is very important to know the level of prior intellectual and emotional functioning. This information is sought by defense counsel in quantifying financial responsibility, and is equally important to plaintiff’s counsel in supporting a reasonable demand.

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Alice Adams is a veteran RN who has cared for many acute head injury patients. She has been a legal nurse consultant since 2006 and lives in Atlanta, GA. She evaluated the injury cases in the 2007 Bluffton University Baseball team’s tragic accident and fatalities, and is very active compiling Medical Cost Projections and providing medical analysis for >40 attorneys and law firm.

http://www.aliceMadams.com nurseatlanta@gmail.com 404.771.5155

Questions from Jurors are GOOD, Period.

Really loved this blog.

Not allowing jurors to ask questions is akin to not allowing patients to ask questions of their doctors. We always encourage patients to write down their thoughts before their appointment, lest they forget something critically important.

And honestly, twelve pairs of fresh eyes and ears are bound to think of something that a team of attorneys may have overlooked after months or years of honing in on a theme.

Thank you for allowing a repost.
Alice

Juryology: Art & Science of Jury Persuasion

Pulp Cover_Juror QuestionsThere’s a story in the July 21 online edition of the Boston Globe about a trial in which jurors have asked 281 questions, and in my opinion, the piece skews rather negatively about the whole practice of allowing jurors to ask written questions during trials. That’s wrong: Juror questions are a good thing for you, Counsel, and you should be enabling them in every one of your trials.

View original post 2,037 more words

PTSD – Part One: Causation and Symptoms

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Diagnostic Confusion

One would think from the number of PTSD diagnoses made by family physicians, orthopedists, and neurologists that this condition is rampant if not inevitable for any serious personal injury. It is not that simple.

Posttraumatic Stress Disorder as a diagnosis emerged after the Vietnam War. Prior to the then, “shell-shock” was the terminology used in the WWII and Korean wars. The Diagnostic and Statistical Manual (DSM III) classified the diagnosis as an anxiety disorder, and further refined diagnostic criteria in subsequent editions. The diagnosis as it exists in today’s DSM-5 utilizes the most specific criteria yet, re-categorizing PTSD as a stress (trauma) related disorder.

In most States, PTSD (or any other mental injury) is not compensable under workers’ compensation without a preceding physical injury. Nonetheless, some employers will authorize an evaluation for a significant emotional trauma like a robbery, even in the absence of tissue damage. Morally, it seems the right thing to do, and from a legal (perhaps jaded) perspective, an employer who offers treatment under workers compensation may be shielded from liability.

You may be bringing or defending a claim of Posttraumatic Stress Disorder. While diagnosing the disorder is a clinical process, as you weigh the evidence for likelihood of PTSD, here is some data that may guide your assessment.

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More Than One Form of PTSD

If a trauma occurred more than three days but less than four weeks ago, the diagnosis is Acute Stress Disorder.

This is not to be confused with Posttraumatic Stress Disorder – Acute, meaning the symptoms have been present between four weeks and three months.

Posttraumatic Stress Disorder – Chronic means the symptoms have been present longer than three months.
Posttraumatic Stress Disorder – Delayed Expression applies to symptoms that first arise > 6 months after the trauma.

Further refinement of the diagnosis depends upon severity and degree of impairment in functioning. Extreme symptoms may include depersonalization, or the feeling of being an outside observer of one’s body; derealization, or unreal and dreamlike surroundings; both are symptoms and forms of Dissociative Symptoms. Children under 18 are diagnosed by a different set of criteria and they are very sensitized to the traumas encountered by their parents.

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Symptoms & Diagnosis

In personal injury claims, the diagnosis of PTSD is commonly associated with motor vehicle accidents, fires, airplane incidents, amputations, and assaults. Chronic back pain from an injury does not result in PTSD unless the injury itself was traumatic (such as falling from height or being struck by a car).

What are the criteria for a valid claim of Posttraumatic Stress Disorder, and why is the diagnosis so often misapplied by primary physicians when pain is the only complaint? Rather than dispute what PTSD is not, let us examine the eight criteria for a valid diagnosis of PTSD:

A. There must be a triggering event: exposure to actual or threatened death, serious injury, or sexual violence in one or more of the following ways:
i. Direct experience of the event
ii. Witnessing the event as it occurred to others
iii. Learning that the (accidental or violent) event happened to a close family member or friend
iv. Repeatedly experiencing personal (not via media) exposure to the trauma (such as 911 first responders)

B. A diagnosis of PTSD requires one or more of these symptoms be present following the event:
i. Recurrent intrusive memories that are involuntary
ii. Nightmares of the event –police officers may dream that their family is in great danger and they are powerless to save them.
iii. Flashbacks – the person feels or acts as though the event is happening again
iv. Extreme psychological distress at exposure to internal or external cues of the event (smells, sounds)
v. Extreme physical reactions to internal or external cues of the event (GI upset or vomiting, for instance)

C. The patient persistently avoids reminders of the event in one or more ways:
i. Avoids memories of the event in all forms
ii. Avoids external reminders of the event (people, places, objects, etc)

D. Changes in mood or cognition in one or more of the following ways:
i. Amnesia for important aspects of the event
ii. Pan-negative beliefs about self or the world
iii. Irrational self-blame
iv. Persistent negative emotions of fear, anger or shame
v. Withdrawal from activities
vi. Withdrawal and detachment from others
vii. Anhedonia or the inability to experience happiness or pleasure

E. One or more of the following behaviors are atypical in presence or severity prior to the event:
i. Extreme irritability or aggression
ii. Reckless or self-destructive behavior
iii. Extremely on guard for surroundings/safety
iv. Exaggerated startle response
v. Difficulty concentrating

F. The symptoms in Criteria B-E have lasted > 4 weeks

G. The symptoms are severe enough to impair functioning in social, occupational or other areas of functioning

H. The symptoms are not the result of medication or other medical conditions

Next time: Treatment and Planning

With the Right Chronology, You too May Enjoy a Deposition

Last week, I had fun.

I manage my husband’s forensic psychological practice, and last week he had a deposition. He loves depositions. Really.

The data he needed to review, however, was oppressive; he had performed five Fitness for Duty evaluations over 18 months on a professor not well enough to teach three out of those five times. Between each visit were innumerable telephone calls alternating between anger and accusations, anxiety and fear.

Five charts to organize, papers to shuffle, and “where did I see that?” I surprised him with the same work I have provided my attorneys for years – a medical chronology. Five charts became a five-page table arranged in SOAP format– Subjective, Objective, Assessment, and Plan. I was a hero.

Deposition Day: the attorneys arrive with their respective armload of records, between them producing twenty exhibits. In short order, my husband had distributed a copy of my chronology to both attorneys and ten minutes later, no one referenced their paper charts. My chronology was now Exhibit #21 and provided the focus for the next 90 minutes. The defense and plaintiff attorneys huddled together and swore they had never seen such a wonderful document.

How is that even possible? How do attorneys enter a deposition without this organization? These attorneys specialize in employer law, human resources, EEOC and civil rights violations, and chronologies were not part of their repertoire.
I really should not repeat the inappropriate comments from my husband during deposition. A few were on the record; more were off, and all produced peals of laughter that emanated down the hallway. Work should not be this much fun.

The reward for my chronology could well be a notice of deposition to testify as a fact witness. That is perfectly okay – I can just reference my own chronology.

The Autopsy – a Dying Recommendation

In recent decades, there has been a marked drop in autopsy requests – an unfortunate occurrence. In the distant past, any death within the first 24 hours of admission triggered an autopsy. Any unexplained death in or out of the hospital; any accidental death with questionable etiology required an autopsy. JCAHO required 20% of hospital deaths to undergo autopsy as part of hospital accreditation; that requirement ended in the mid 70’s.

One objection to autopsy comes from families and we can well understand their reluctance. The loss is acute and painful; the thought of mutilating a loved one overrides the practical need to identify the cause of death.

In my review of medical records, an autopsy trumps any postulation by a treating physician. Why? Because when a patient is gravely ill, they often have a number of morbid conditions, any one of which could be fatal. A physician has the natural tendency to see the cause of death from the perspective of their specialty.

Virtually useless is the Death Certificate. Death certificates do not provide root cause, only an end result. Respiratory or cardiac arrest is inevitable in death, but those diagnoses provide no etiology; they cannot address the “why” of death.
If an employee dies in the course of work, has an MI, stroke or other “illness death”, an autopsy can offer the evidence needed in an otherwise uphill battle for causation.

In negligence or malpractice death claims an autopsy is invaluable, but all too often the family’s last concern is dissecting the cause. When questions later arise, that most valuable source of information – the patient and their true cause of death – is irretrievably lost.

From a public safety perspective, we can only speculate on the number of infectious diseases, chemical exposures and related information that may be lost.

Regardless of JCAHO recommendations, it is incumbent upon healthcare professionals to offer this option when the cause of death is not crystal clear. “Natural causes” is the most frustrating and misleading nomenclature in the healthcare dictionary.

LNCC and CLNC – what do these initials mean, really?

Attorneys are practical professionals. They seek a legal nurse who consistently delivers an excellent work product and sound opinions. They also recognize that certification should be an indicator of experience and expertise in a nurse. Although LNCC and CLNC are often thought of as interchangeable, even by some nurses, they are not synonymous.

Brace yourself for an onslaught of initials.

The LNCC (Legal Nurse Consultant Certified) is the only credential recognized by the Accreditation Board for Specialty Nursing Certification (ABSNC), formerly known as the ABNS Accreditation Council, which is the only accrediting body specifically for nursing certification.

The LNCC is obtained through the ALNCCB (American Legal Nurse Consultant Certification Board); see http://www.AALNC.org:

The LNCC® program is accredited by the Accreditation Board for Specialty Nursing Certification (ABSNC), formerly the American Board of Nursing Specialties (ABNS). ABSNC accreditation means that certification programs have met high standards for testing.

To be eligible to take the examination, candidates must have the following at the time of application:
• current licensure as a registered nurse in the United States or its territories, with a full and unrestricted license
• a minimum of five years of experience practicing as a registered nurse
• Evidence of 2000 hours of legal nurse consulting experience within the past five years.

Those who meet the eligibility criteria and successfully complete the examination will earn the Legal Nurse Consultant Certified (LNCC®) credential” (and must re-qualify by exam every five years).”

Note there is no mention of a specific “course” even though the AALNC does offer continuing education webinars throughout the year, various online courses, and other educational resources. However, their courses are not a prerequisite for taking the LNCC exam.

The LNCC credential is evidence of knowledge-based practice as well as broader knowledge of legal concepts in a wide range of settings from all medical-legal arenas. LNCC designation measures overall competency.

The CLNC designation is acquired through the Vickie Milazzo Institute; see http://www.legalnurse.com:

“2 Simple Prerequisites for Becoming a Certified Legal Nurse Consultant

1. Complete the Basic CLNC® Certification which is included in all 3 CLNC® Success Systems: VIP, Executive and Basic.
2. Maintain an active RN license in the U.S. or Canada. A BSN degree is NOT required.
Exemptions from meeting any of these criteria will not be granted.

Whichever CLNC® Success System you choose, you’ll receive everything you need to know to get started as a highly paid professional consultant – 100% guaranteed. Our Certified Legal Nurse Consultants are 25 to 75 years old and live all over the U.S. in both rural and urban areas. There’s no limit on succeeding as a Certified Legal Nurse Consultant.”

The CLNC program is six days, either in person or online, and offers supportive mentoring as new LNCs start their business. It provides a wealth of information, teaches new nurses how to initiate and self-promote their new business, obtain sample work products from a highly successful businesswoman/LNC/attorney, and many nurses credit the system with “jump starting” their business.

The CLNC credential is achieved after passing an exam of the materials presented during the six-day course. No experience as an LNC is required, and while the course is accredited for continuing education (as are many others); it is not an accredited certification through ABSNC.

Many CLNC graduates later achieve accreditation as an LNCC after proof of 2000 hours of legal nurse consulting.

There are a number of LNC courses accredited for continuing education, both online and through traditional colleges and universities.

But there is no substitute for experience.