So many nurses have questions about the differences between legal nurse consulting and testifying. While there are some clear distinctions, there are also areas where the two roles overlap. Let’s clear up any confusion, starting with the terminology used for consulting and testifying.

Legal Nurse Consultants (LNCs) are often referred to as nurse experts. A Testifying Expert (TE), on the other hand, is also known as an expert witness. While both roles extend into various fields beyond nursing, we’ll focus on nursing for this discussion.

Legal Nurse Consultant (LNC)

An LNC is an expert in their field, capable of educating you and your attorney client about their particular specialty or field. Their expertise allows them to advise on litigation or settlement goals and how to best achieve those objectives. LNCs work behind the scenes, providing opinions, helping attorneys understand medical and billing records, generating reports, and creating event timelines. Unlike TEs, LNCs do not need to be actively practicing in their specialty but should stay current through continuing education and professional engagement.

For more on how to specialize as an LNC, read this guide on finding your niche.

Testifying Expert (TE)

A Testifying Expert is also an expert in their field, but with the additional responsibility of testifying in court. They must be proficient in conveying professionalism and competence on the witness stand. The TE provides opinions, helps attorneys understand medical records, and may generate reports. However, unlike LNCs, anything a TE writes or discusses is discoverable, meaning it can be used in court.

This discoverability is a crucial distinction. LNCs work under attorney-client privilege, making their documents and information non-discoverable. In contrast, the TE’s work is subject to scrutiny by the opposing legal team.

Active Practice and Testifying

To be a TE, you must generally be active in your field or have been active during the time the incident in question occurred. For example, a nurse who worked in Labor & Delivery (L&D) in 2010 but has since moved to Mother/Baby may still qualify as an expert in L&D and testify about incidents from that time.

But what if your role shifts from an LNC to a TE during a case? While it is possible to transition from consultant to expert witness, this change means that all previously privileged information becomes discoverable. This shift can pose significant challenges for the attorney and client, especially if sensitive information was shared with the expectation of confidentiality.

For more on navigating potential conflicts in LNC work, read this article on the ethics of legal nurse consulting.

Interested in Learning More?

If you’re interested in learning how to become a Legal Nurse Consultant, click here to explore more.

Does testifying pique your interest? I have an excellent resource for you—a nurse who has built her career around legal nursing and now offers mentorship to help others launch their LNC careers. Click here to join her exclusive Facebook group.