Testifying Skills

1. Testifying Skills Julia Pallentino MSN, JD, ARNP

2. Testifying Skills What Lawyers Want from a Nurse Practitioner Expert

3. What is an expert witness? One who has specialized knowledge, skill, experience or training and is called upon to submit an opinion.

4. Nurse Practitioners as Expert Witnesses • Testify in matters involving nurse practitioner care • Testify regarding registered nurse care • Testify regarding a physician’s care • Criminal cases regarding medical evidence

5. Five Ps of Expert Witness • Professional • Prepared • Powerful • Persuasive • Personable

6. Professional • The sum of education and experience that gives credibility to your testimony • Business practices

7. Credentials • Degrees • License • Certification • Professional Organizations • Publications • Lectures

8. Experience • Work experience • Specialty experience • Evidence of expertise in the area under question • Research experience • Publications • Lectures

9. Legal Experience • Previous testimony • Plaintiff or defense oriented • Success in other trials • Recommendations of attorneys

10. Business Like and Responsible • Available • Reliable

11. Prepared • Know the record • Know the law • Know the case

12. Know the Record • Complete and thorough understanding of the facts of the case • Professionals • Patient • Institution

13. Know the Law • The applicable state practice act • An understanding of the standard of care for the applicable professional

14. Know the Case • Have a complete timeline of all events that occurred. • Clear picture of each professional, their role in the case and the alleged malpractice committed.

15. Powerful • Armed with the facts • Solid legal foundation • Credentials and experience brought to bear • Testify like a pro

16. Armed with the facts • Careful understanding of the facts that can be proven • Ability to separate the facts from speculation and conclusions

17. Solid Legal Foundation • Practice act • Medical malpractice definitions • Match your opinions to the legal requirements

18. Credentials and experience brought to bear • Use real life examples • Bring the testimony to life

19. Testify Like a Pro • Always listen very carefully to the question • Answer only the question asked • Never hesitate to ask for clarification of the question • Don’t assume anything • Clarify, clarify, clarify • When you have answered the question, stop.

20. Persuasive • Honest • Credible • Articulate in presentation • Admit to alternatives

21. Honest • Never play loose with the facts • Know that opposing counsel will be prepared • Be honest with the hiring lawyer, the court and the jury

22. Credible • Do not “puff” your opinions • Do not try to evade issues • When you are wrong admit it

23. Articulate in Presentation • Use clear, understandable language • Watch how fast you talk • Look up, speak clearly • Neither speak down or up to the jury • Do not obfuscate with language that lay public will not understand

24. Admit to Alternatives • Admit that there may be more than one answer when appropriate • Don’t cling to a single method or opinion • Explain how more than one approach may be correct

25. Personable • Dressed for success • Unflappable

26. Dressed for Success • Your dress speaks before you do • Use your appearance and demeanor increase your persuasiveness

27. Unflappable • Never, never, never let them get to you • Remain calm, cool, collected

28. Mistakes Expert Witnesses Make • Lack of expertise • Failure to prepare • Incomplete knowledge of the law • Puffing • Flappable

29. Mistakes Expert Witnesses Make • Taking it personally • Trying too hard • Wrong standard of care