Clinical Insight, Courtroom Advocacy: This Nursing Alum Assists Attorneys, Not Doctors

For example, Kelland was called to testify in a medical negligence case where a patient died after a hanging medicine bag failed to be shut off. Kelland said her testimony led to the adoption of a simple three-step procedure for caregivers at that hospital to follow that ensures the mechanism is operating correctly before the medicine is deployed.

“I can really make change from these cases; the policy and procedures are forced to change,” she said. “The law tells them, look, a medical error was made because of how the drug was labeled or maybe the way it was put into the machine. We need to change this.”

She also supports other caregivers facing trial. Testifying on behalf of nurses whose patient developed bed sores and skin breakdown, her expert testimony helped secure an acquittal.

“They did meticulous skincare; they did everything that they could do as often as they were supposed to,” Kelland said. “And unfortunately, the skin still broke down. So that's an example of how a patient can have a negative outcome, and it is not the nurse's fault.”

In a case where plaintiffs argued that nurses overdosed a patient by administering 10 medications at once, Kelland countered with an analogy to help the jury understand: “If 10 cars leave the same house but head to different destinations, they won’t cause a traffic jam,” she explained. Similarly, the medications, though given simultaneously, targeted different ailments in separate parts of the body. “[Prosecutors] claimed that giving all 10 medications at once killed him, but they weren’t treating the same issue,” she said.

Another valuable lesson formed in nursing school: be honest and ethical. Kelland said opinions expressed in court under oath must be objective, unbiased, honest, and ethical. “Just because I'm being hired by somebody, my opinion is still objective, it's still honest. If other nurses want to get into expert witnessing, they need a strong core of ethics.”

A Career Pivot

Kelland highlights two key legal career paths for nurses: legal nurse consultant (LNC) and expert witness. LNCs support attorneys by reviewing medical records and translating complex medical terminology. While registered nurse (RN) status is required for LNCs, active clinical practice is not mandatory, though certification is recommended.

Expert witness nurses, in contrast, provide courtroom testimony on nursing standards and practices. This role requires both a current nursing license and hands-on clinical experience.

For nurses interested in exploring these legal avenues, Kelland emphasizes the importance of research and networking. “I’m always happy to mentor those curious about this field,” she says. “Whether it’s bouncing ideas around, meeting for coffee, or setting up a Zoom call, I encourage anyone to reach out.”