What to Know Before You Testify in Court

1981 ◽  
Vol 2 (3) ◽  
pp. 3-8
Author(s):  
George J. Annas

In the lead article Cynthia Northrop and Ann Mech discuss the growing role of nurses as expert witnesses in malpractice litigation. As they note, the increasing professionalization of nursing has led to more and more courts accepting the testimony of nurses as authoritative on the question of proper nursing practice. As a supplement to that article it is worth noting that nurses are also being called upon more frequently to testify on a wide variety of health care issues, and accordingly it is important for all nurses to have some familiarity with what goes on in a courtroom so that their testimony will be effective and useful to the judge and jury.For example, I recently had occasion to sit in on the first day of trial of a case in Minneapolis involving the question of the appropriateness and lawfulness of an order not to resuscitate. During that day testimony was heard from four nurses, two laypersons, and one physician. Of these witnesses, only the physician seemed at home in the courtroom.

2014 ◽  
Vol 120 (1) ◽  
pp. 185-190 ◽  
Author(s):  
Jean Anderson Eloy ◽  
Peter F. Svider ◽  
Adam J. Folbe ◽  
William T. Couldwell ◽  
James K. Liu

Object Expert witnesses provide a valuable societal service, interpreting complex pieces of evidence that may be misunderstood by nonmedical laypersons. The role of medical expert witness testimony and the potential professional repercussions, however, have been controversial in the medical community. The objective of the present analysis was to characterize the expertise of neurological surgeons testifying as expert witnesses in malpractice litigation. Methods Malpractice litigation involving expert testimony from neurological surgeons was obtained using the WestlawNext legal database. Data pertaining to duration of a surgeon's practice, scholarly impact (as measured by the h index), practice setting, and the frequency with which a surgeon testifies were obtained for these expert witnesses from various online resources including the Scopus database, online medical facility and practice sites, and state medical licensing boards. Results Neurological surgeons testifying in 326 cases since 2008 averaged over 30 years of experience per person (34.5 years for plaintiff witnesses vs 33.2 for defense witnesses, p = 0.35). Defense witnesses had statistically higher scholarly impact than plaintiff witnesses (h index = 8.76 vs 5.46, p < 0.001). A greater proportion of defense witnesses were involved in academic practice (46.1% vs 24.4%, p < 0.001). Those testifying on behalf of plaintiffs were more likely to testify multiple times than those testifying on behalf of defendants (20.4% vs 12.6%). Conclusions Practitioners testifying for either side tend to be very experienced, while those testifying on behalf of defendants have significantly higher scholarly impact and are more likely to practice in an academic setting, potentially indicating a greater level of expertise. Experts for plaintiffs were more likely to testify multiple times. Surgical societies may need to clarify the necessary qualifications and ethical responsibilities of those who choose to testify.


2021 ◽  
Vol 9 (14) ◽  
pp. 1-162
Author(s):  
Kristian Pollock ◽  
Eleanor Wilson ◽  
Glenys Caswell ◽  
Asam Latif ◽  
Alan Caswell ◽  
...  

Background More effective ways of managing symptoms of chronic and terminal illness enable patients to be cared for, and to die, at home. This requires patients and family caregivers to manage complex medicines regimens, including powerful painkillers that can have serious side effects. Little is known about how patients and family caregivers manage the physical and emotional work of managing medicines in the home or the support that they receive from health-care professionals and services. Objective To investigate how patients with serious and terminal illness, their family caregivers and the health-care professionals manage complex medication regimens and routines of care in the domestic setting. Design A qualitative study involving (1) semistructured interviews and group discussions with 40 health-care professionals and 21 bereaved family caregivers, (2) 20 patient case studies with up to 4 months’ follow-up and (3) two end-of-project stakeholder workshops. Setting This took place in Nottinghamshire and Leicestershire, UK. Results As patients’ health deteriorated, family caregivers assumed the role of a care co-ordinator, undertaking the everyday work of organising and collecting prescriptions and storing and administering medicines around other care tasks and daily routines. Participants described the difficulties of navigating a complex and fragmented system and the need to remain vigilant about medicines prescribed, especially when changes were made by different professionals. Access to support, resilience and coping capacity are mediated through the resources available to patients, through the relationships that they have with people in their personal and professional networks, and, beyond that, through the wider connections – or disconnections – that these links have with others. Health-care professionals often lacked understanding of the practical and emotional challenges involved. All participants experienced difficulties in communication and organisation within a health-care system that they felt was complicated and poorly co-ordinated. Having a key health professional to support and guide patients and family caregivers through the system was important to a good experience of care. Limitations The study achieved diversity in the recruitment of patients, with different characteristics relating to the type of illness and socioeconomic circumstances. However, recruitment of participants from ethnically diverse and disadvantaged or hard-to-reach populations was particularly challenging, and we were unable to include as many participants from these groups as had been originally planned. Conclusions The study identified two key and inter-related areas in which patient and family caregiver experience of managing medicines at home in end-of-life care could be improved: (1) reducing work and responsibility for medicines management and (2) improving co-ordination and communication in health care. It is important to be mindful of the need for transparency and open discussion about the extent to which patients and family caregivers can and should be co-opted as proto-professionals in the technically and emotionally demanding tasks of managing medicines at the end of life. Future work Priorities for future research include investigating how allocated key professionals could integrate and co-ordinate care and optimise medicines management; the role of domiciliary home care workers in supporting medicines management in end-of-life care; patient and family perspectives and understanding of anticipatory prescribing and their preferences for involvement in decision-making; the experience of medicines management in terminal illness among minority, disadvantaged and hard-to-reach patient groups; and barriers to and facilitators of increased involvement of community pharmacists in palliative and end-of-life care. Funding This project was funded by the National Institute for Health Research (NIHR) Health Services and Delivery Research programme and will be published in full in Health Services and Delivery Research; Vol. 9, No. 14. See the NIHR Journals Library website for further project information.


2012 ◽  
Vol 20 (6) ◽  
pp. 1196-1205 ◽  
Author(s):  
Ana Sofia Filipe Marote ◽  
Carla Andreia Pinto ◽  
Marlene da Rocha Vieira ◽  
Maria do Céu Aguiar Barbiéri-Figueiredo ◽  
Pedro Miguel Nunes Pedrosa

OBJECTIVE: to undertake an integrative literature review on the issue of "Children as carers". This is an emerging topic in the provision of health care, but nevertheless has a low profile in the literature. METHODOLOGY: this study was based in a survey of nine databases of scientific articles, using as descriptor: child, young, caregivers, lay carer and nursing role, as well as the corresponding terms in Portuguese. 21 articles were analyzed. RESULTS: these were organized into six categories - factors which motivate the child to take on the role of caregiver; these children's characteristics; tasks performed; time spent in caring; consequences of providing care and the role of the nurse in partnership with these children and their families. CONCLUSION: the children as carers are a focus of attention relevant to nursing practice, this issue representing an opportunity for investigation in Portuguese-speaking countries, as no article was found on the subject in Portuguese. In addition, with this first study in Portuguese, a work of the creation of a bibliography is begun, allowing an awareness of the issue and the identification of ways to respond to the families involved, in line with their needs.


Author(s):  
Nicole Butterfield ◽  
Tim Schultz ◽  
Philippa Rasmussen ◽  
Michael Proeve

Purpose The purpose of this paper is to examine the role of yoga in the management of anxiety and depression, development of mindfulness and self-compassion and implications for mental health care delivery and mental health professionals, with a specific focus on nursing practice. Design/methodology/approach A search of electronic databases Scopus, CINAHL, EMBASE, Medline and Cochrane Library was undertaken. Findings There is growing research evidence supporting the use of yoga as an adjunct or combination therapy for the management of stress, anxiety and depression. Mindfulness has been indicated as a potential mechanism of change but needs further research. Health care professionals may play an important role in supporting consumers to engage in yoga as part of their mental health care. Research limitations/implications Yoga research to date has been limited by methodological weaknesses including wide variation of yoga practices, styles and teaching methods; difficulties in double-blinding, suitable placebo-control; lack of randomised controlled trials and small sample sizes. The literature highlights that more high-quality yoga and mental health research is needed. Practical implications The paper introduces the potential role of yoga for anxiety and depression in the health care system and the role of mental health professionals in implementing and promoting holistic yoga-based therapies. Originality/value This paper proposes a yoga model for mental health and provides insight into a proposed new direction for future mental health care and the role of nursing practice and other mental health professionals.


2008 ◽  
Vol 10 (1) ◽  
pp. 21-23
Author(s):  
Carrie Lyn Sammarco

Multiple sclerosis (MS) is a complex neurological disease that often requires a multidisciplinary approach to its management. The health care team treating MS patients is comprised of nurses, physicians, and therapists, many of whom are specialists in MS. As members of the MS care team, advanced practice nurses are prime candidates for addressing both MS-specific concerns and unmet primary care needs of their patients. Current discussion in the health care community has focused on the doctor of nursing practice (DNP). This article discusses the potential role of the DNP in caring for the MS patient.


2020 ◽  
Vol 34 (4) ◽  
pp. 358-370
Author(s):  
Elena Andina-Díaz ◽  
José Siles-González

Background and PurposeThe role of older women close to the pregnant woman may be relevant when conveying information. The use of theories/models can guide the development of nursing practice. Purpose: To explore beliefs and practices related to pregnancy and childbirth from the perspective of older women who gave birth at home, applying Leininger's Sunrise Model.MethodsQualitative approach, using semi-structured interviews with 24 older women who gave birth at home (rural area, Spain). Manual content analysis of the data was used, and Sunrise Model guided to explore the role of culture and the factors affecting maternity care.ResultsTwo main categories emerged: beliefs/practices related to physiological aspects (subcategories: minimal intervention, hygiene, pain control, rest, feeding) and to psychosocial aspects (subcategories: spiritual well-being, company).Implications for PracticeThe experiences of older women who gave birth at home helped us to understand some beliefs that survive in some pregnant women, similar in different cultures, and divided into physiological and psychosocial aspects. Older women have a relevant role as transmitters of information, and can provide some keys to plan health interventions, as companions or counselors. Applying the Sunrise Model, we verified the weight that culture has in maternal health care, and the multiple factors that interfere with the way of caring. The application of models helps us to improve nursing practice: not only should we focus on knowing the physical aspects, but also the social and cultural circumstances surrounding the pregnant woman.


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