Module 13 - The Role of the Nurse as a Testifying Expert Flashcards
Rule 702 of the Federal Rules of Evidence
A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if:
a. The knowledge will help the jury understand the issue;
b. The testimony is based on sufficient facts or data;
.The testimony is the product of reliable principles and methods; and
d. The expert has reliably applied the principles and methods to the facts of the case.
Standards of Conduct (SOC)
The quality of care, skill, and judgment that a reasonable and prudent provider would use under the same or similar circumstances.
Right to Preparation
You cannot be asked to comment under oath to new/unfamiliar material.
Rule 703 of the Federal Rules of Evidence
An expert may base an opinion on facts or data in the case that the exert has been made aware of or personally observed.
Treatise
Authoritative body of work.
Example: Textbook
Fact Witness
One who, being present, personally sees or perceives a thing.
Three V’s of Communication
Verbal
Vocal
Visual
Who has the primary role to educate the jury?
a. CE
b. TE
c. Judge
d. CE and TE
b.
Which of the following is the LEAST effective in bolstering expert testimony?
a. Supporting references.
b. Hospital policies and procedures.
c. State and national standards.
d. Opinions of colleagues.
d.
Which of the following techniques is the LEAST effective in preparing for testimony?
a. Review depositions prior to testimony.
b. Stay up late the night before the trial to prepare.
c. Be familiar with contentions of both parties.
d. Practice responses to anticipated questions.
b.
An expert witness who wants to be persuasive during testimony will avoid which of the following?
a. Superficial manipulation of facial expressions.
b. Commitment to the truth
c. Synchronization of gesture and voice.
d. Commitment to integrity.
a.
A CLNC is requested to testify on a medical malpractice case. She should agree to testify:
a. At the time of the request.
b. After reviewing the relevant records and formulating an opinion.
c. After the attorney has outlined facts and agreed to the fee.
d. After discussing the case with her colleagues.
b.
A testifying expert appropriately submits a written report:
a. Following the initial review of the medical records.
b. When instructed by the attorney to do so.
c. Upon receipt of a subpoena duces tecum from the opposition
d. A TE never submits a written report.
b.
Direct examination of a testifying expert at trial is conducted by the:
a. Attorney who calls the TE to the stand.
b. Opposing attorney.
c. Judge
d. Court magistrate.
a.
When faced with a series of repetitive questions, the TE should:
a. Answer the question completely.
b. Point out that the question has already been answered.
c. Refuse to answer.
d. Request the judge to strike the question.
a.
