When forensic nurses are is subpoenaed, the question becomes whether they will testify as fact witnesses or expert witnesses.Ī fact witness is called upon only to verify facts pertinent to the case.
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Learning how to read and understand research, translate evidence to practice, and communicate findings requires diligence and commitment to excellence in the forensic nursing role.” Testifying as Either a Fact Witness or Expert Witness Knowing the current research evidence base is critical to preparation.
“Being well prepared is a cornerstone to being able to testify with confidence.
Neill writes in her Journal of Forensic Nursing article, “Serving as a Witness in the Court: Trials, Testimony, and Truth.” “Reducing fear and anxiety in the provision of testimony can be accomplished,” Karen S. Nurses likely to be subpoenaed should plan to be both well prepared and confident. Testimony in a deposition is still sworn testimony. In some cases, writes Murphy, depositions may take place outside the courtroom in a structured environment and be used in court later. Murphy in her paper, “When Clinicians Are Summoned to Testify in Court: Orientation to the Process and Suggestions on Preparation.” When prosecutors build a case against a defendant, the forensic nurse who collected the initial evidence may be subpoenaed to appear in court and offer testimony in a juvenile, family, criminal, civil or even probate courtroom, according to nurse Janet L. Once collected and documented, that evidence can be instrumental in building a case against a perpetrator. A forensic nurse’s duty is to collect evidence of injury from a victim’s body, retrieve any potential DNA evidence, and fully document all injuries according to a strict procedure. When abuse, assault, rape, or other violent crime is committed, a court case almost inevitably follows. They need to simultaneously make a victim of abuse or assault feel safe and comfortable during an exam and also maintain an objective, unbiased attitude when called to testify in court.
Both compassion and impartiality are crucial skills for forensic nurses. Nurses regularly tend to see the worst side of humanity. Markowitz offered expert testimony that loss of bladder control during strangulation can signify that the brain is ceasing to function properly and that death could be imminent, according to the Stars and Stripes article, “Former Army Garrison Stuttgart Provost Marshal Sent to Prison for Choking Wife.”ĭaisy Guerrero survived, and her husband was found guilty, resulting in prison time and forfeiture of pay and benefits consummate with a dishonorable discharge from the armed services.īecoming a forensic nurse is not a decision to be taken lightly. Guerrero blacked out and lost bladder control during the incident. Guerrero was accused of strangling his wife, Daisy, during an argument. Such was the case for Jenifer Markowitz, who recently testified in a 2018 court-martial against 14-year Army veteran Jay Guerrero. Forensic nurses are often subpoenaed to testify in court cases, especially where physical abuse has occurred.
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