Testifying SkillsTestifying Skills

Julia Pallentino MSN, JD, ARNPJulia Pallentino MSN, JD, ARNP

Testifying SkillsTestifying Skills

What Lawyers Want from a What Lawyers Want from a Nurse Practitioner ExpertNurse Practitioner Expert

What is an expert witness? What is an expert witness?

One who has specialized knowledge, One who has specialized knowledge, skill, experience or training and is skill, experience or training and is called upon to submit an opinion.called upon to submit an opinion.

Nurse Practitioners as Expert Nurse Practitioners as Expert WitnessesWitnesses

Testify in matters involving nurse Testify in matters involving nurse practitioner carepractitioner care

Testify regarding registered nurse Testify regarding registered nurse carecare

Testify regarding a physician’s careTestify regarding a physician’s care Criminal cases regarding medical Criminal cases regarding medical

evidence evidence

Five Ps of Expert WitnessFive Ps of Expert Witness

ProfessionalProfessional PreparedPrepared PowerfulPowerful PersuasivePersuasive PersonablePersonable

ProfessionalProfessional

The sum of education and experience The sum of education and experience that gives credibility to your that gives credibility to your testimonytestimony

Business practicesBusiness practices

CredentialsCredentials

DegreesDegrees LicenseLicense CertificationCertification Professional OrganizationsProfessional Organizations PublicationsPublications LecturesLectures

ExperienceExperience

Work experienceWork experience Specialty experienceSpecialty experience Evidence of expertise in the area Evidence of expertise in the area

under questionunder question Research experienceResearch experience PublicationsPublications LecturesLectures

Legal ExperienceLegal Experience

Previous testimonyPrevious testimony Plaintiff or defense orientedPlaintiff or defense oriented Success in other trialsSuccess in other trials Recommendations of attorneysRecommendations of attorneys

Business Like and ResponsibleBusiness Like and Responsible

AvailableAvailable ReliableReliable

PreparedPrepared

Know the recordKnow the record Know the lawKnow the law Know the caseKnow the case

Know the RecordKnow the Record

Complete and thorough Complete and thorough understanding of the facts of the understanding of the facts of the casecase ProfessionalsProfessionals PatientPatient InstitutionInstitution

Know the LawKnow the Law

The applicable state practice actThe applicable state practice act An understanding of the standard of An understanding of the standard of

care for the applicable professionalcare for the applicable professional

Know the CaseKnow the Case

Have a complete timeline of all Have a complete timeline of all events that occurred.events that occurred.

Clear picture of each professional, Clear picture of each professional, their role in the case and the alleged their role in the case and the alleged malpractice committed.malpractice committed.

PowerfulPowerful

Armed with the factsArmed with the facts Solid legal foundationSolid legal foundation Credentials and experience brought Credentials and experience brought

to bearto bear Testify like a proTestify like a pro

Armed with the factsArmed with the facts

Careful understanding of the facts Careful understanding of the facts that can be proventhat can be proven

Ability to separate the facts from Ability to separate the facts from speculation and conclusionsspeculation and conclusions

Solid Legal FoundationSolid Legal Foundation

Practice actPractice act Medical malpractice definitionsMedical malpractice definitions Match your opinions to the legal Match your opinions to the legal

requirementsrequirements

Credentials and experience brought Credentials and experience brought to bearto bear

Use real life examplesUse real life examples Bring the testimony to lifeBring the testimony to life

Testify Like a ProTestify Like a Pro

Always listen very carefully to the Always listen very carefully to the questionquestion

Answer only the question askedAnswer only the question asked Never hesitate to ask for clarification of Never hesitate to ask for clarification of

the questionthe question Don’t assume anythingDon’t assume anything Clarify, clarify, clarifyClarify, clarify, clarify When you have answered the question, When you have answered the question,

stop.stop.

PersuasivePersuasive

HonestHonest CredibleCredible Articulate in presentationArticulate in presentation Admit to alternativesAdmit to alternatives

HonestHonest

Never play loose with the factsNever play loose with the facts Know that opposing counsel will be Know that opposing counsel will be

prepared prepared Be honest with the hiring lawyer, the Be honest with the hiring lawyer, the

court and the jurycourt and the jury

CredibleCredible

Do not “puff” your opinionsDo not “puff” your opinions Do not try to evade issuesDo not try to evade issues When you are wrong admit itWhen you are wrong admit it

Articulate in PresentationArticulate in Presentation

Use clear, understandable languageUse clear, understandable language Watch how fast you talkWatch how fast you talk Look up, speak clearlyLook up, speak clearly Neither speak down or up to the juryNeither speak down or up to the jury Do not obfuscate with language that Do not obfuscate with language that

lay public will not understandlay public will not understand

Admit to AlternativesAdmit to Alternatives

Admit that there may be more than Admit that there may be more than one answer when appropriateone answer when appropriate

Don’t cling to a single method or Don’t cling to a single method or opinionopinion

Explain how more than one approach Explain how more than one approach may be correctmay be correct

PersonablePersonable

Dressed for successDressed for success UnflappableUnflappable

Dressed for SuccessDressed for Success

Your dress speaks before you doYour dress speaks before you do Use your appearance and demeanor Use your appearance and demeanor

increase your persuasivenessincrease your persuasiveness

UnflappableUnflappable

Never, never, never let them get to Never, never, never let them get to youyou

Remain calm, cool, collectedRemain calm, cool, collected

Mistakes Expert Witnesses MakeMistakes Expert Witnesses Make

Lack of expertiseLack of expertise Failure to prepareFailure to prepare Incomplete knowledge of the lawIncomplete knowledge of the law PuffingPuffing FlappableFlappable

Mistakes Expert Witnesses MakeMistakes Expert Witnesses Make

Taking it personallyTaking it personally Trying too hardTrying too hard Wrong standard of careWrong standard of care