ABFM Communication & Client Relations 2 — Questions and Answers
Question 1: When a forensic medical expert is deposed and opposing counsel asks a compound question, the most appropriate response is to:
- Answer both parts simultaneously to save time
- Ask counsel to break the question into separate parts before responding (Correct answer)
- Refuse to answer until the question is rephrased by the judge
- Answer only the part most favorable to the retaining attorney
Correct answer: Ask counsel to break the question into separate parts before responding
Compound questions can create ambiguous or misleading answers on the record, so the expert should request that each part be asked separately.
Question 2: A forensic physician receives a subpoena for records related to a case in which they served as a treating physician rather than a forensic consultant. The proper first step is to:
- Produce all records immediately to comply with legal process
- Notify the patient and consult legal counsel before producing records (Correct answer)
- Refuse to produce records citing physician-patient privilege without further action
- Contact the opposing party directly to negotiate the scope of disclosure
Correct answer: Notify the patient and consult legal counsel before producing records
When records are subpoenaed in a treating physician capacity, the physician should notify the patient and seek legal guidance because patient privacy rights may apply.
Question 3: During testimony, a forensic expert states a conclusion that slightly exceeds the data in their report. The retaining attorney should:
- Allow the statement to stand since the expert has broad latitude in testimony
- Immediately object and move to strike the testimony
- Follow up on redirect to allow the expert to clarify the basis for the statement (Correct answer)
- Instruct the expert via note to retract the overreach
Correct answer: Follow up on redirect to allow the expert to clarify the basis for the statement
Redirect examination is the appropriate vehicle to allow an expert to clarify or correct testimony that may have gone beyond the written report.
Question 4: A client attorney asks a forensic physician to use language in a report that is technically accurate but likely to mislead a jury. The ethical response is to:
- Use the requested language since the attorney is the client
- Decline and explain that the report must communicate findings clearly and accurately (Correct answer)
- Submit two versions of the report, one for the attorney and one for the court
- Request guidance from the opposing expert before deciding
Correct answer: Decline and explain that the report must communicate findings clearly and accurately
Forensic experts have an overriding duty to the court and to honest communication; deliberately misleading language violates professional ethics regardless of client instructions.
Question 5: When communicating an opinion about cause of death to a non-medical attorney client, the forensic physician should prioritize:
- Using precise medical terminology to maintain credibility
- Translating medical findings into plain language while preserving accuracy (Correct answer)
- Providing only the conclusion without underlying reasoning to avoid confusion
- Deferring all explanations to the formal written report
Correct answer: Translating medical findings into plain language while preserving accuracy
Effective forensic consultation requires converting technical findings into language the attorney client can understand and strategically apply, without sacrificing accuracy.
Question 6: A forensic expert discovers a significant error in their finalized report one day before trial. The appropriate action is to:
- Correct the error silently during live testimony without notifying counsel
- Immediately notify retaining counsel and provide a corrected addendum (Correct answer)
- Proceed with the original report to avoid disrupting trial preparation
- Contact the judge's clerk directly to report the error
Correct answer: Immediately notify retaining counsel and provide a corrected addendum
Timely disclosure of errors to retaining counsel allows for appropriate legal remedies such as a corrected report and, if necessary, disclosure to opposing counsel.
Question 7: The term 'scope of retention' in a forensic consultation agreement primarily refers to:
- The geographic area in which the expert may testify
- The specific questions or issues the expert is engaged to address (Correct answer)
- The duration of the expert's availability for the case
- The financial terms governing payment for services
Correct answer: The specific questions or issues the expert is engaged to address
Scope of retention defines the particular forensic questions the expert is hired to analyze, preventing scope creep and ensuring focused, defensible opinions.
ABFM Communication & Client Relations 2
When a forensic medical expert is deposed and opposing counsel asks a compound question, the most appropriate response is to: