Expert Witness Participation in Civil and Criminal Proceedings

Paul, Stephan; Narang, Sandeep K.; McDonnell, William M.; Altman, Robin; Bondi, Steven A.; Fanaroff, Jon Mark; Oken, Richard L.; Rusher, John W.; Santucci, Karen A.; Scibilia, James P.; Scott, S. M.

doi:10.1542/peds.2016-3862

Cited by 28 publications

(11 citation statements)

References 5 publications

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“…The most recent AAP policy statement on expert witness testimony has reemphasized the fact that expert witness neutrality and professional integrity can be a pivotal factor in civil and criminal child abuse cases [200]. When expert testimony is scientifically reliable, objective and accurate, it provides useful information for the legal factfinder.…”

Section: What Are the Issues That Allow Misconceptions To Perpetuate mentioning

confidence: 99%

“…When expert testimony is scientifically reliable, objective and accurate, it provides useful information for the legal factfinder. Ethical and professional norms of responsible expert testimony require physicians to be objective and neutral assessors and conveyors of medical information, which means that they should weigh the scientific merit of their own opinions and conclusions and "present testimony that reflects the generally accepted standard within the specialty or area of practice, including those standards held by a significant minority" [200,201]. Regrettably, not all medical expert's courtroom testimony falls within these ethical and professional boundaries.…”

Section: What Are the Issues That Allow Misconceptions To Perpetuate mentioning

confidence: 99%

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Consensus statement on abusive head trauma in infants and young children

et al. 2018

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Abusive head trauma (AHT) is the leading cause of fatal head injuries in children younger than 2 years. A multidisciplinary team bases this diagnosis on history, physical examination, imaging and laboratory findings. Because the etiology of the injury is multifactorial (shaking, shaking and impact, impact, etc.) the current best and inclusive term is AHT. There is no controversy concerning the medical validity of the existence of AHT, with multiple components including subdural hematoma, intracranial and spinal changes, complex retinal hemorrhages, and rib and other fractures that are inconsistent with the provided mechanism of trauma. The workup must exclude medical diseases that can mimic AHT. However, the courtroom has become a forum for speculative theories that cannot be reconciled with generally accepted medical literature. There is no reliable medical evidence that the following processes are causative in the constellation of injuries of AHT: cerebral sinovenous thrombosis, hypoxic-ischemic injury, lumbar puncture or dysphagic choking/vomiting. There is no substantiation, at a time remote from birth, that an asymptomatic birth-related subdural hemorrhage can result in rebleeding and sudden collapse. Further, a diagnosis of AHT is a medical conclusion, not a legal determination of the intent of the perpetrator or a diagnosis of murder. We hope that this consensus document reduces confusion by recommending to judges and jurors the tools necessary to distinguish genuine evidence-based opinions of the relevant medical community from legal arguments or etiological speculations that are unwarranted by the clinical findings, medical evidence and evidence-based literature.

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Section: What Are the Issues That Allow Misconceptions To Perpetuate mentioning

confidence: 99%

Section: What Are the Issues That Allow Misconceptions To Perpetuate mentioning

confidence: 99%

Consensus statement on abusive head trauma in infants and young children

et al. 2018

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“…In brief, expert evidence plays an important role to allow the court to make the right decision (Paul & Narang 2017). Expert evidence can generally be divided into two forms which are non-scientific evidence and scientific evidence.…”

Section: Resultsmentioning

confidence: 99%

The Assessment of Expert Evidence on DNA in Malaysia

Rajamanickam¹,

Na’aim

Zainudin³

et al. 2019

Academic Journal of Interdisciplinary Studies

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One of the most common forms of evidence used by the Public Prosecutor in a courtroom to prove a case is DNA evidence. The DNA evidence process started when the police collected the physical evidence relevant to the alleged offence at the crime scene. The collected evidence will then usually be sent to the Department of Chemistry Malaysia for DNA analysis. The chemist will extract the DNA from the relevant physical evidence by using specific techniques. The outcome of the analysis will be used to complete the investigation of the case. Being an independent organization, the Chemistry Department strives to provide impartial forensic science analysis. Thus, from the analysis, sometimes DNA evidence does not necessarily implicate the accused with the alleged offence but may also disclose the involvement of a third party in the alleged offence that may cast doubt on the prosecution’s case. This can be seen in the Federal Court’s case of Public Prosecutor v Hanif Basree Abdul Rahman [2008] 4 CLJ 1. The evidence will then be presented by the prosecution before the court to assist judges in making the right decisions. This indicates the important role played by an expert in the court decision making process. In this context, questions always arise as to the probative value of DNA evidence given by experts in the courtroom. Can the court convict a person solely on DNA evidence? This article focuses on the position of DNA experts in Malaysia under section 45 of the Evidence Act 1950. It was found that although the DNA evidence is given by the experts, the probative value depends on the nature of the evidence itself.

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“…In medical litigations, the role of the expert witness is very important, since judges don’t have any medical knowledge. Doctors who serve as expert witnesses have an obligation to present complete, accurate, and unbiased information [ 8 , 12 ]. In Korea, independent medical examiners usually provide such medical information, however, we don’t have any guidelines or educational programs for medical expert witness testimony.…”

Section: Discussionmentioning

confidence: 99%

Cerebral Aneurysms in Judicial Precedents

Lee

Shim

et al. 2018

J Korean Neurosurg Soc

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ObjectiveFrom November 30, 2016, the Korean Government carried the revised Medical Dispute Mediation and Arbitration Act into effect. Mediation will start automatically without agreements of the defendant, when the outcome of the patient was death, coma more than a month or severe disability. Cerebral aneurysm has a definite risk of bad outcome, especially in the worst condition. Any surgical intervention to this lesion has its own high risk of complications. Recently, Seoul central district court decided 50% responsibility of the doctors who made a rupture of the aneurysm during coiling (2015Ga-Dan5243104). We reviewed judicial precedents related to cerebral aneurysms in lawsuit using a web search.MethodsWe searched judicial precedents at a web search of the Supreme Court, using the key words, "cerebral aneurysm".ResultsThere were 15 precedents, six from the Supreme Court, seven from the High Court, and two from district courts. Seven precedents were related to the causation analysis, such as work-relationship. Five precedents were malpractice suits related bad results or complications. Remaining three precedents were related to the insurance payment. In five malpractice precedents, two precedents of the Supreme Court reversed former two precedents of the High Court.ConclusionJudicial precedents on the cerebral aneurysm included not only malpractice suits, but also causation analysis or insurance payment. Attention to these subjects is needed. We also need education of the independent medical examination. To avoid medical disputes, shared decision making seems to be useful, especially in cases of high risk condition or procedures.

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Expert Witness Participation in Civil and Criminal Proceedings

Cited by 28 publications

References 5 publications

Consensus statement on abusive head trauma in infants and young children

Consensus statement on abusive head trauma in infants and young children

The Assessment of Expert Evidence on DNA in Malaysia

Cerebral Aneurysms in Judicial Precedents

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