AAOHN Advisory: Providing Expert Testimony

Abstract

Imp or ta nce to occupational health nursin2 The explosion of legal claims against health care professionals over the past few decades has created a relatively new field in nursing-the nurse expert witness. Attorney s, insurance companies, and litigation support firms hire nurse experts to furnish opinions concerning whether nursing care provided in a specific case met the acceptable standard of care (McWilliams, 1990). Occupational health nurses have an obligation to provide expert testimony on issues related to occupational health nursing practice. By providing expert testimony or opinions, occupational health nurses educate legal professionals including law enforcement, judges, insurance companies, their own employers, and the public about occupational health nursing practice. Nurses providing expert testimony engender further respect for the nursing profession, especially in the legal arena (Koniak-Griffin, 1996). The occupational health nurse may be asked to testify for the plaintiff or the defendant. The plaintiff is the individual or party initiating the claim; the defendant is the party that must answer or defend against the claim made by the plaintiff(s). Expert testimony may be requested in several formats : written review and analysis of the case, affidavit, deposition , or examination and cross-examination at the trial. The attorne y tells the expert the type of testimony he or she expects to be required. Never prepare or send an attorney a written document or opinion unless specifically requested.