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 in matters involving nurse practitioner care Testify regarding registered nurse care Testify regarding registered nurse care Testify regarding a physician’s care Testify regarding a physician’s care Criminal cases regarding medical evidence Criminal cases regarding medical evidence

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

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

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

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

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

10. Business Like and Responsible Available Available Reliable Reliable

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

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

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

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

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

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

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

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

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

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

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

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

23. Articulate in Presentation Use clear, understandable language Use clear, understandable language Watch how fast you talk Watch how fast you talk Look up, speak clearly Look up, speak clearly Neither speak down or up to the jury Neither speak down or up to the jury Do not obfuscate with language that lay public will not understand 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 Admit that there may be more than one answer when appropriate Don’t cling to a single method or opinion Don’t cling to a single method or opinion Explain how more than one approach may be correct Explain how more than one approach may be correct

25. Personable Dressed for success Dressed for success Unflappable Unflappable

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

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

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

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