Free Legal Nurse Consultant Certification (LNCC) Practice Test
The Legal Nurse Consultant Certification specialization enables nurses to function in a legal capacity performing chart reviews and working in quality assurance for health care organizations. The nurse with the Legal Nurse Consultant Certification is frequently employed to engage in medical-legal activities.
In order to take the Legal Nurse Consultant Certification exam, the applicant must be a licensed Registered Nurse. The RN must have been employed for at least 5 years with at least 2,000 hours of experience functioning as a legal nurse consultant within the past 3 years.
The Legal Nurse Consultant Certification exam is offered at 47 testing sites throughout the United States. It is offered twice a year, in the Spring and Fall. The fee to take the exam is $275 for American Legal Nurse Consultant Certification Board members and $375 for non-members.
The exam consists of 200 multiple-choice questions and 4 hours are allotted to take the exam. The questions on the exam pertain to issues related to gathering and analyzing legal data, specific legal issues and legal mandates, and specific information regarding the legal process. There are also questions pertaining to specific fields of law, such as medical malpractice or negligence, personal injury, and risk management.
Legal Nurse Consultant Certification is valid for 5 years. At the end of that time period, the licensed RN will have been employed as a legal nurse consultant for at least 2,000 hours within the past 5 years. In addition, at least 60 continuing education hours pertaining to Legal Nurse Consulting should have been completed. If the continuing education hours are not completed, the exam can be retaken to complete the recertification process.
1. Which of the following cases would most likely be rejected by a plaintiff attorney?
- An 80-year-old patient suffered postoperative complications but recovered fully.
- Brain damage occurred following complications after colon resection.
- Malignant tumor was misdiagnosed and a 50-year old patient died.
- An infant died after premature birth in which no neonatologist was in attendance.
2. If an attorney for a plaintiff is arguing that an adverse effect occurred following an innovative treatment because standards of care (SOC) were not followed, the best argument for the defense might be that standards of care
- don't yet reflect current cutting-edge medical treatments.
- don't apply to this case.
- are too general to be used to quantify treatment.
- were followed to the extent possible.
3. The CLNC has reviewed medical records as a consulting expert and must interface with a testifying expert (TE) in order to provide the TE materials. What is the most appropriate method to ensure that the TE reviews the material that supports the client?
- Underline or highlight select information in documents provided.
- Provide an addendum that lists the documents and line numbers of select information.
- Provide a summary that describes the supporting material.
- Deliver the materials to the TE for review.
4. A CLNC is accused of malpractice and under the element of causation, the attorney for the plaintiff attempts to prove that the actions of the CLNC were the primary cause of damages. This test of negligence is referred to as
- but for.
- substantial factor.
- res ipsa loquitur.
5. Which of the following actions could result in a CLNC being accused of practicing law without a license?
- The CLNC prepares a list of client questions about the case and gives it to the attorney for response.
- The CLNC advises the client that the statute of limitations on an action will expire in 6 months.
- The in-house CLNC communicates legal advice from the attorney to the client.
- The in-house CLNC signs letters on behalf of the attorney as a legal nurse consultant.
1. A: The most likely case to be rejected would be the 80-year-old patient who suffered postoperative complications but recovered fully. Generally, attorneys are less likely to pursue cases that involve very elderly patients or cases in which the patient recovered fully or had no physical injury, as these types of cases are more difficult to prove causation and negligence. Plaintiff attorneys are usually most concerned with taking cases that they can win and that are economically viable.
2. A: If standards of care were not adhered to and the defense can't prove otherwise, then the defense must attempt to show the reason. In this case, since an innovative treatment was utilized, the best defense may be that the standards don't yet reflect current cutting-edge medical treatments. In many cases, new treatment protocols and procedures occur more frequently than changes to standards of care. Other arguments can include that SOC don't apply, are too general to quantify, or the SOC cited doesn't apply to the current case.
3. D: The CLNC should deliver the materials, assuming that the testifying expert will be able to identify necessary information. Under no circumstances should the documents be altered by underlining or highlighting because this may make it seem as though the expert has been coached. The CLNC should not provide any written documents to guide the testifying expert, as these may be discoverable. The testifying expert is expected to testify on the facts of the case in an unbiased manner.
4. C: Substantial factor. Causation in fact (actual causation in which the defendant is the cause of damages) is determined by two different tests:
But for: The damages would not have occurred but for the actions of the defendant.
Substantial factor: The actions of the defendant were a substantial factor in the damages even though other factors may have also been involved.
Another issue in causation is foreseeability, or the idea that the defendant should have foreseen that certain actions, such as failure to complete work on time, would result in damages.
5. B: The CLNC cannot advise clients about the statute of limitations because this is providing legal advice. The CLNC can facilitate the communication between client and attorney, such as by preparing a list of client questions, and can communicate the response but cannot interpret or elaborate on the response. The CLNC cannot advise clients about the merits of a case or advise them whether or not they should settle a case. Additionally the CLNC should not carry out any independent investigations for the client or prepare any legal documents for any client unless under the supervision or direction of an attorney.
Last Updated: 07/05/2018