Legal Testimony & Expert Witness Responsibilities Flashcards

A forensic nurse is asked during testimony to render an opinion 'to a reasonable degree of medical certainty.' What does this standard require?

Answer: A probability greater than 50% that the opinion is more likely true than not

Reasonable medical certainty means the expert believes the opinion is more probably true than not, which is a preponderance standard, not absolute certainty.

A forensic nurse expert is contacted directly by the opposing party's attorney without her retaining attorney's knowledge. What should she do?

Answer: Decline to speak with opposing counsel without her retaining attorney present or consenting

An expert should not communicate with opposing counsel ex parte without the retaining attorney's knowledge or consent to avoid ethical complications.

Which factor is LEAST relevant when determining whether a forensic nurse qualifies as an expert witness?

Answer: The number of years since she graduated nursing school

Years since graduation alone does not establish expertise; relevant qualifications include specialized training, certification, clinical experience, and scholarship.

During testimony, defense counsel produces a prior article authored by the forensic nurse expert that appears to contradict her current opinion. This is an example of:

Answer: Impeachment by prior inconsistent statement

Using the expert's own prior written statements to challenge her current trial testimony is a classic impeachment technique via prior inconsistent statement.

A forensic nurse is retained as a consulting expert but not disclosed as a testifying expert. Which statement best describes her role?

Answer: Her identity and opinions may remain confidential and protected as attorney work product

Non-testifying consulting experts are generally protected from discovery as attorney work product unless extraordinary circumstances exist.

When a forensic nurse testifies about strangulation findings, she notes petechial hemorrhages in the victim's conjunctivae. If opposing counsel asks whether these can occur from causes other than strangulation, the best response is:

Answer: 'Yes, petechiae can result from other causes such as vomiting or severe coughing, but the pattern here is consistent with strangulation.'

Acknowledging alternative causes while explaining why the clinical pattern supports the primary opinion demonstrates objectivity and strengthens credibility.

Which document is an expert witness typically required to produce during discovery under Federal Rules of Civil Procedure Rule 26?

Answer: A list of all cases in which the expert has testified in any capacity in the prior four years

FRCP Rule 26(a)(2)(B) requires expert disclosure to include a list of cases in which the expert has testified at deposition or trial in the prior four years.