Hearing Conservation Final Exam
Forensics - Answer-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: - Answer-Tort (personal injury)
Malpractice
Collision
Warning signal audibility
Worker compensation
Product liability
Community Noise
Criminal law
ADA Compliance
Due Process
Peer Review
,Criminal Prosecution - Answer-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) - Answer-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 - Answer-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 - Answer-Custodian of records
Fact witness
Treating witness
Corroborating witness
Character witness
Rebuttal witness
,Adverse witness
Opinion witness
Expert Witness Defined - Answer-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 - Answer-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 - Answer-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 - Answer-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 - Answer-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 - Answer-Clear up confusion from cross-examination.
Limited to scope of cross examination.
Re-cross Examination - Answer-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: - Answer-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?
Forensics - Answer-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: - Answer-Tort (personal injury)
Malpractice
Collision
Warning signal audibility
Worker compensation
Product liability
Community Noise
Criminal law
ADA Compliance
Due Process
Peer Review
,Criminal Prosecution - Answer-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) - Answer-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 - Answer-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 - Answer-Custodian of records
Fact witness
Treating witness
Corroborating witness
Character witness
Rebuttal witness
,Adverse witness
Opinion witness
Expert Witness Defined - Answer-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 - Answer-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 - Answer-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 - Answer-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 - Answer-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 - Answer-Clear up confusion from cross-examination.
Limited to scope of cross examination.
Re-cross Examination - Answer-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: - Answer-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?
