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Please respond in a scholarly manner to both of your colleagues and your instructor. Make sure that you use proper grammar, word usage, and writing mechanics. In addition, make sure to properly cite and reference. Please APA format, reference should be 5 yrs or less. Thanks
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Experts provide expert evidence, defined as “Evidence about a scientific, technical, professional, or other specialized issue given by a person qualified to testify because of familiarity with the subject or special training in the field” (Garner,2014, p. 675). Professional reputation, clinical expertise, and communication skills are the most significant factors sought in the nurse expert witness (Dickinson & Meyer, 2020). An expert witness They should clear and concise wording in their testimony. Their testimony will be on the area of expertise they offer. The expert witness is prepped with all materials that will be relevant to the case, most pertinent will be specific records the expert is to state opinions on. Legal nurse consultants fill a vital role in locating, screening, and communicating with expert witnesses from pre-suit through adjudication (Dickinson & Meyer, 2020).
Novice expert witness may have more credibility with juries than experts with extensive testifying experience (Dickinson & Meyer, 2020). The novice expert may meet the criteria for testifying more than the expert. The LNC offers clear and concise wording to the novice for better communication. Thoroughly review the evidence they will be giving opinion on. Allow the novice to visit the courtroom to know where they will be located. The LNC is to be available to answer any questions offered by the novice and provide clear, understandable answers.
Garner, B. (Ed.). (2014). Black’s Law Dictionary (10th ed.). St Paul, MN: Thomas Reuters.
Dickinson, J. & Meyer, A. (Ed.). (2020). Legal Nurse Consulting Principles and Practices, (4th edition). New York: Routledge.
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I would employ similar strategies when preparing the novice expert witness versus the experienced expert witness. As stated in the text, adequately preparing the expert witness for a deposition or a trial cannot be overemphasized (Dickinson and Meyer, 2020). Although the experienced expert witness has experience in depositions and trials, it would be unwise to assume that less preparation is necessary. Every trial and deposition are different. Opposing counsel can vary in their questioning strategies. Rules and regulations change. What may have been successful in one trial may lead to an unfavorable outcome in another, so it is critical that the legal nurse consultant does not make any assumptions, consciously or subconsciously, about the abilities of the novice and the expert to successfully testify based solely on experience. Reviewing questions for cross-examination from both the plaintiff’s attorney and the defense attorney is critical; this will help the attorney and the LNC to critique the expert’s answers, show him or her how to deal with the questioning tactics of opposing counsel, evaluate his or her demeanor, and assess how the jury may perceive the witness (Dickinson and Meyer, 2020). Having a videotaped mock trial is another preparation method; this will allow the attorney and the LNC to review with the witness things such as eye contact, articulation, posture, and body language (Dickinson and Meyer, 2020).
Teach the novice expert witness (or review with the experienced expert witness) the importance of answering questions concisely and not offering more information. Offering more details opens further lines of questioning from opposing counsel; this can assist the opposing counsel with destroying the credibility of the expert witness (Dickinson and Meyer, 2020). Explain the trial and deposition processes to the expert witnesses so that they know what to expect. Answer any questions that the witnesses may have about the processes. Emphasize to the expert witness the importance of a good night’s sleep, a good breakfast, allowing for travel time, silencing electronic devices, and remaining calm throughout the trial or deposition; additionally, conservative business attire should be worn (Dickinson and Meyer, 2020). A well-prepared expert witness can result in a favorable case outcome.
Dickinson, J. & Meyer, A. (2020). Legal nurse consulting principles and practices (4th ed). New York: Routledge.