Clinical Guide: Court Testimony

Because it is the most popular topic on FHO, what follows is a clinical guide on issues related to testimony. Clinicians generally identify testimony (and specifically cross-examination) as the most intimidating aspect of their forensic practice, so what’s contained here is meant to help build capacity. Every attempt will be made to update this guide on a regular basis.

From FHO

10 Things: Observations from Court

I spent a lot of time in trial in 2013. Probably more than any other year, in fact. In doing so, there are some issues I have noticed that come up repeatedly. I figured I'd share some of those today,…

Read More

10 Things: Testimony

Since the webinar I've had many questions about some of my go-to resources and general tips about testifying. So here are some of the things I think are important about testimony. But keep in mind, these are just *my* 10--I…

Read More

Testifying to an Opinion: A Flow Chart

I spend a lot of time thinking about expert testimony. I know it can be intimidating, but as with so much in healthcare, it's a skill that can be developed and fine-tuned. However, in order to achieve competence it's important…

Read More

Ethical and Effective Testimony

I will be doing a webinar on Ethical and Effective Testimony (along with AEQ Director, Jennifer Long) for SAFEta Source. The session will be held April 10th from 2-3:30pm ET and is free. You can register here. This is one…

Read More

10 Things: The FHO Expert Witness Bill of Rights

I am consulting on a couple cases right now, so testimony is on my mind. Today I am going to post my Expert Witness' Bill of Rights. By all means, please do add to this if you come up with…

Read More

When There Is No Science to Support Your Opinion

In the course of doing this work, I come across a lot of expert opinions, given by both physicians and nurses. Some of those opinions are well reasoned and supported by current science and clinical experience. Some of those opinions…

Read More

Creating a Fee Schedule for Expert Consultation and Testimony

I frequently get asked about setting fees for expert consultation and testimony. Particularly with nurses, I find that people are unsure of how to determine appropriate rates and are prone to undervaluing their worth. So I figured I'd write something up for those of…

Read More

Creating a Curriculum Vitae

We're talking testimony this week and as part of that, curriculum vitaes (CVs). I get asked about formats quite a bit, so here's how I recommend approaching the task (based on a presentation Sasha and I give). Click through for…

Read More

Monographs

Articles (full-text and abstracts)

Expert witness testimony: the ethics of being a medical expert witness

Andrew, L. B. (2006). Expert witness testimony: the ethics of being a medical expert witness. Emergency Medical Clinics of North America, 24(3), 715-31.
READ MORE

Sexual assault nurse examiners’ experiences providing expert witness court testimony

Campbell, R., Long, S. M., Townsend, S. M., Kinnison, K. E., Pulley, E. M., Adames, S. B., & Wasco, S. M. (2007). Sexual assault nurse examiners’ experiences providing expert witness court testimony. Journal of Forensic Nursing, 3(1), 7-14.
READ MORE

Nobility in objectivity: A prosecutor’s case for neutrality in forensic nursing

Canaff, R. (2009). Nobility in objectivity: A prosecutor’s case for neutrality in forensic nursing. Journal of Forensic Nursing, 5(2), 89-96.
READ MORE

Preparing staff for testimony in sexual assault cases

Cashman, D. P., & Benak, L. D. (2007). Preparing staff for testimony in sexual assault cases. Journal of Forensic Nursing, 3(1), 47-9.
READ MORE

Expert witness participation in civil and criminal proceedings

Committee on Medical Liability and Risk Management (2009). Expert witness participation in civil and criminal proceedings. Pediatrics, 124(1), 428-38. (FULL-TEXT)
READ MORE

Admissibility of scientific evidence in courts

Davies, J. (2005). Admissibility of scientific evidence in courts. Medicine and Law, 24(2), 243-57.
READ MORE

Closing the credibility gap: The prosecutorial use of expert witness testimony in sexual assault cases

Ellison, L. (2005). Closing the credibility gap: The prosecutorial use of expert witness testimony in sexual assault cases. The International Journal of Evidence & Proof, 9, 239-268. (FULL-TEXT)
READ MORE

Ethical Challenges for the Medical Expert Witness

Kass, J.S., & Rose, R. V. (2016). Ethical Challenges for the Medical Expert Witness. AMA Journal of Ethics, 18(3), 201-8.
READ MORE

Types and roles of a witness

Koehler, S. A. (2009). Types and roles of a witness. Journal of Forensic Nursing, 5(3), 180-2.
READ MORE

The use of expert witnesses in cases involving sexual assault

Lonsway, K. (2005, March). The use of expert witnesses in cases involving sexual assault.
READ MORE

Admissibility of scientific evidence post-daubert.

Masten, J., & Strzelczyk , J. J. (2001). Admissibility of scientific evidence post-daubert. Health Physics, 81(6), 678-82.
READ MORE

What do pediatric healthcare experts really need to know about Daubert and the rules of evidence?

Moreno, J.A. (2013). What do pediatric healthcare experts really need to know about Daubert and the rules of evidence? Pediatric Radiology, 43(2), 135-9. [Note: this is an interesting opinion piece on a very specific area of law related to abusive head trauma, supporting the findings in this excellent article. Those of you working with AHT should check out both. Free full-text available for each.]
READ MORE

Clinical practice guidelines as learned treatises: understanding their use as evidence in the courtroom

Recupero, P. R. (2008). Clinical practice guidelines as learned treatises: understanding their use as evidence in the courtroom. Journal of the American Academy of Psychiatry and the Law, 36(3), 290-301.
READ MORE

The CSI effect: Does it really exist?

Shelton, D. E. (2008). The CSI effect: Does it really exist? National Institute of Justice Journal , 259, 1-7.
READ MORE

Mock juror perception of sexual assault nurse examiner testimony

Wasarhaley, N.E., Simcic, T.A, & Golding, J.M. (2012). Mock juror perception of sexual assault nurse examiner testimony. Violence & Victimization, 27(4), 500-11.
READ MORE

Reference guide on medical testimony

Wong, J.B., Gostin, L.O., & Cabrera, O.A. (2011). Reference guide on medical testimony. In National Research Council’s Reference Manual on Scientific Evidence: Third Edition. Washington, DC: The National Academies Press
READ MORE

Case law regarding nurses as expert witnesses in child abuse

Yorker , B. C., & Kelley, S. (2003). Case law regarding nurses as expert witnesses in child abuse. Issues in Mental Health Nursing, 24(6-7), 639-45.
READ MORE