LNCC flashcards
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32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Consulting expert
- An LNC retained by an attorney to evaluate records, build chronologies, and shape strategy; the relationship and work product are generally shielded from discovery, unlike a testifying expert's opinions.
- Contingency fee for testimony
- A fee arrangement tying expert compensation to the case outcome; it is widely regarded as unethical for expert witnesses because it creates bias and is barred by many professional guidelines.
- Attorney-client privilege
- A rule protecting confidential communications between attorney and client from compelled disclosure; the privilege belongs to the client, and only the client may waive it.
- LNC engagement letter
- A written agreement defining the scope of services, fee schedule, expense policy, deliverables, turnaround time, confidentiality obligations, and termination terms between the consultant and retaining attorney.
- Preponderance of the evidence
- The civil standard of proof, meaning the claim is more likely true than not, conventionally expressed as a likelihood greater than fifty percent.
- Stare decisis
- The doctrine that courts follow prior precedent when deciding similar cases; decisions of higher courts bind lower courts within the same jurisdiction and promote predictability.
- Res ipsa loquitur
- The doctrine that negligence may be inferred when an injury would not ordinarily occur without negligence and the instrumentality causing injury was under the defendant's exclusive control.
- Subject matter jurisdiction
- A court's authority to hear a particular category of case, such as federal question or diversity jurisdiction in federal courts, or the statutory grants defining state court authority.
- Standard of care
- What a reasonably prudent nurse with similar training and experience would do under similar circumstances, established by policy, specialty standards, licensing rules, and expert testimony.
- Informed consent
- A patient's voluntary agreement after disclosure of risks, benefits, and alternatives; the physician obtains consent while the nurse verifies understanding and witnesses the signature.
- Incident report
- An internal facility document recording an unusual occurrence; it is generally not part of the medical record and may be protected, though discoverability varies by jurisdiction.
- Root cause analysis
- A structured, systems-focused retrospective review of a sentinel event that identifies contributing factors and corrective actions rather than assigning individual blame.
- Designated record set
- The group of records HIPAA defines as subject to an individual's access rights, including medical and billing records and other information used to make decisions about the person.
- Business records exception
- FRE 803(6) permits admission of records made at or near the time by a person with knowledge, kept in the regular course of business, absent indications of untrustworthiness.
- Metadata
- Electronic data describing a health record entry, such as author, date, time, and edit history; it can reveal late entries, back-dating, or alteration of documentation.
- Charting by exception
- A documentation method recording only significant findings or deviations from defined norms; it can leave gaps that invite scrutiny when the record is reviewed in litigation.
- Statute of limitations
- A statutory deadline for filing suit; malpractice periods are typically one to three years and are subject to tolling and the discovery rule.
- Discovery rule
- A doctrine that delays accrual of a claim until the plaintiff knew or reasonably should have known of the injury and its cause, extending the filing deadline.
- Proximate cause
- The legal requirement that the injury be a foreseeable consequence of the defendant's breach rather than a remote or unrelated result, limiting the scope of liability.
- Merit review
- A detailed analysis beyond initial screening that examines the full record, literature, standards, and causation to determine whether a claim warrants filing.
- Work product doctrine
- A protection for documents and tangible things prepared in anticipation of litigation; opinion work product is nearly absolute while ordinary work product requires substantial need and undue hardship.
- Interrogatories
- Written questions served on a party that must be answered under oath within a set period; FRCP 33 presumes a limit of twenty-five questions including subparts.
- Deposition
- Sworn out-of-court testimony recorded by a court reporter, used to discover facts, preserve testimony, impeach witnesses, and support dispositive motions.
- Spoliation
- Destruction or material alteration of evidence relevant to litigation; it may result in sanctions, an adverse inference instruction, exclusion of evidence, or dismissal.
- Daubert standard
- A federal gatekeeping framework in which the judge assesses whether an expert's method is testable, peer reviewed, has a known error rate, and is generally accepted.
- FRE 702
- The federal rule allowing expert testimony when specialized knowledge helps the trier of fact and the opinion is based on sufficient facts, reliable principles, and reliable application.
- Expert report requirements
- Under FRCP 26(a)(2)(B), the report must state all opinions and their bases, facts considered, exhibits, qualifications, ten years of publications, compensation, and prior testimony.
- Frye standard
- A standard still used in some state courts requiring that an expert's methodology be generally accepted in the relevant scientific community before testimony is admitted.
- Life care plan
- A dynamic document projecting the medically related services, equipment, medications, and costs a person will need across the lifespan following a catastrophic injury.
- Collateral source rule
- A rule preventing reduction of a damage award by payments from sources independent of the defendant, such as health insurance or workers' compensation benefits.
- Net discount rate
- The discount rate minus the expected inflation rate for a cost category, used to convert future medical or wage losses into present value.
- Loss of earning capacity
- A damages measure reflecting what the injured person could reasonably have earned but for the injury, distinct from wages actually lost before trial.