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Forensics CORRECT ANSWERS 1fo·ren·sic Pronunciation: f&-'ren(t)-sik, -'ren-zik
Function: adjective
Etymology: Latin forensis public, forensic, from forum forum Date: 1659
1 : belonging to, used in, or suitable to courts of judicature or to public
discussion and debate
2 : ARGUMENTATIVE, RHETORICAL
Forensic Audiology May Include: CORRECT ANSWERS Tort (personal injury)
Malpractice
Collision
Warning signal audibility
Worker compensation
Product liability
Community Noise
Criminal law
ADA Compliance
Due Process
Peer Review
Criminal Prosecution CORRECT ANSWERS If you break the law, you offend the state
and face criminal prosecution.
Your opponent is the government.
Must be found guilty "beyond a reasonable doubt".
Civil Law (Torts) CORRECT ANSWERS A civil offense violates a duty you owe to your
neighbor.
Such offenses are called Torts.
Standard of proof is more symmetric in civil trials than in criminal trials.
Plaintiff needs to prove claim is "probably true", or "more probably than not" to win the
case.
Health care providers are most commonly involved in "Torts of Negligence".
Torts of Negligence CORRECT ANSWERS Basis for nearly all malpractice and
personal injury suits.
Plaintiff claims the defendant failed to exercise due care and caused an injury that
requires compensation.
The injured party must establish that...
1. The defendant had a duty to the plaintiff.
2. The defendant neglected that duty.
3. An injury or loss occurred.
4. The injury was caused by the defendant's negligence.
,Witness Types CORRECT ANSWERS Custodian of records
Fact witness
Treating witness
Corroborating witness
Character witness
Rebuttal witness
Adverse witness
Opinion witness
Expert Witness Defined CORRECT ANSWERS By education or special training,
possesses special knowledge of some particular subject area in greater depth than the
public at large.
One who assists the triers of fact in understanding complicated subjects not generally
understood .
The only witness than can offer an opinion.
Road to the Courtroom CORRECT ANSWERS Complaint
Answer (defense response to complaint)
Interrogatories (written questions asked by opposing side)
Discovery
Deposition (always opt to read it)
Pretrial conference
Players in the Courtroom CORRECT ANSWERS Judge & Jury - Triers of Fact
Plaintiff Attorney- Prosecutes offense
Defense Attorney
Court Officers - bailiff, court reporter
Witnesses
Lay or Ordinary - source of fact What they did or saw - no opinion
Expert - source of truth
Only witness that can offer opinion
In the Courtroom
Direct Examination CORRECT ANSWERS Establish qualifications.
Questions concerning relevant science and medicine.
Opinions on one or more of the key elements of the tort (duty, negligence, damage and
liability).
Possibility of hypothetical questions.
In the Courtroom
Cross Examination CORRECT ANSWERS Opposing attorney's job to impeach the
expert's testimony.
May include attacks on qualifications, knowledge, experience, reasoning, judgment,
impartiality and consistency.
,Attempt to show expert relied on incorrect or incomplete versions of the facts of the
case.
Attempt to show expert is relying on a controversial point of view.
Re-direct Examination CORRECT ANSWERS Clear up confusion from cross-
examination.
Limited to scope of cross examination.
Re-cross Examination CORRECT ANSWERS Limited to scope of re-direct examination.
*** This cycle can be repeated ad nauseam, but the opposing attorney always gets the
last word.
Witness Excused
Testimony
Be Prepared to: CORRECT ANSWERS Lecture on the decibel.
Discuss Reasonable Medical Certainty, Probability, Possibility.
Discuss % Hearing Loss, Impairment,Handicap, Disability.
Answer:
What is an audiologist?
Are you a doctor?
Are you licensed?
What are you being paid for your testimony?
Testimony CORRECT ANSWERS Stay within area of expertise.
Keep responses brief and clear.
Use illustrative material when appropriate.
Avoid advocacy - preserve objectivity.
Present appropriate appearance/attire.
Maintain proper demeanor.
Reasonable Medical Probability CORRECT ANSWERS Basis of conclusion
Supported by research
Supported by personal experience
Visual Aids CORRECT ANSWERS Expect to "donate" materials as evidence exhibits
Use of visual aids important for jury
White boards / black boards
Opinion vs. Honesty CORRECT ANSWERS Keep emotions in check
Support honest opinions with published research
Support honest opinion with personal experience
Maintain the perspective of "under current law"
Level of Credibility CORRECT ANSWERS Did you actually see the patient and perform
an evaluation?"
, Courtroom Dress Code CORRECT ANSWERS Conservative
Modest
Little jewelry
Clothes that draw no attention
Courtroom Etiquette and Decorum CORRECT ANSWERS Defer to the Judge
Listen to the Attorney
Speak to the Jury
"Yes, Your Honor"
Do not joke around or be sarcastic
Speak in non-professional terms
Cut to the chase to keep the jury awake
Be brief, and be gone
Listen to the question
Consider the answer
Answer the question and only the question
Tell the absolute truth
There are two types of questions that may be asked during cross-examination:
CORRECT ANSWERS The ambiguous question
The two-part question. It's interesting to know that the two-part question is where one
part of question is true and the other false, in an attempt to "trick" the person being
questioned. It is suggested to answer only one part of the question and let the other part
of the question be redirected to you.
Purpose of the Case CORRECT ANSWERS Choose your cases wisely
Ensure sufficient expertise in the area of the suit
Decline participation if you are not comfortable with aspects
Decline participation if you have personal knowledge of aspects that could be prejudicial
to your perspective
Know who your opponent will be
The Expert Witness/Consultant is: CORRECT ANSWERS Employee
Source of truth
Educator
Investigator
Evaluator
Strategist
Interpreter
Requirements to perform in court CORRECT ANSWERS Knowledge
Integrity
Credibility
Affordability
Essential Functions CORRECT ANSWERS Establish Facts