testifying skills julia pallentino msn, jd, arnp
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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
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