ABFM Regulatory Compliance & Legal Framework 2 — Questions and Answers
Question 1: Under HIPAA, which of the following constitutes a permissible disclosure of protected health information (PHI) without patient authorization in a forensic context?
- Sharing autopsy findings with a tabloid journalist
- Disclosing cause of death to law enforcement pursuant to a court order (Correct answer)
- Releasing toxicology results to the deceased's employer
- Providing medical records to an insurance company for underwriting
Correct answer: Disclosing cause of death to law enforcement pursuant to a court order
HIPAA permits disclosure of PHI to law enforcement when required by a court order or other legal process.
Question 2: The Daubert standard, which replaced the Frye standard in federal courts, requires that expert scientific testimony must be:
- Generally accepted within the relevant scientific community
- Based on peer-reviewed publications only
- Derived from reliable principles and methods applied to sufficient facts (Correct answer)
- Endorsed by a federal regulatory agency
Correct answer: Derived from reliable principles and methods applied to sufficient facts
Under Daubert v. Merrell Dow Pharmaceuticals (1993), federal judges act as gatekeepers ensuring expert testimony is based on reliable methodology applied to sufficient facts.
Question 3: Which federal statute primarily governs the collection and chain of custody of biological evidence in federal criminal investigations?
- Violence Against Women Act
- Crime Victims Rights Act
- DNA Analysis Backlog Elimination Act (Correct answer)
- Federal Rules of Evidence Rule 702
Correct answer: DNA Analysis Backlog Elimination Act
The DNA Analysis Backlog Elimination Act established standards for the collection, preservation, and analysis of biological evidence in federal cases.
Question 4: A forensic physician is subpoenaed to testify in a civil wrongful death case. Before disclosing autopsy findings, the physician should first:
- Refuse to testify without a court order
- Notify the decedent's next of kin
- Consult with the relevant medical examiner's office and legal counsel (Correct answer)
- Submit findings to the state health department for review
Correct answer: Consult with the relevant medical examiner's office and legal counsel
Before testifying, a forensic physician should coordinate with the medical examiner's office and legal counsel to ensure compliance with applicable confidentiality statutes.
Question 5: Under the Federal Rules of Evidence, which rule specifically addresses the admissibility of expert witness testimony in U.S. federal courts?
- Rule 402
- Rule 602
- Rule 702 (Correct answer)
- Rule 801
Correct answer: Rule 702
Federal Rule of Evidence 702 governs the admissibility of testimony by expert witnesses, incorporating the Daubert reliability framework.
Question 6: Which of the following best describes the legal doctrine of 'res gestae' as it applies to forensic evidence?
- Evidence obtained without a search warrant is inadmissible
- Spontaneous statements made during or immediately after a crime may be admitted as exceptions to hearsay (Correct answer)
- Physical evidence must be photographed before collection
- Expert testimony must be disclosed 90 days before trial
Correct answer: Spontaneous statements made during or immediately after a crime may be admitted as exceptions to hearsay
Res gestae refers to statements made spontaneously during or immediately after a criminal event, admissible as an exception to hearsay rules because their spontaneity implies reliability.
Question 7: When a forensic pathologist serves as an expert witness, conflicts of interest must be disclosed primarily to protect:
- The opposing attorney's right to challenge credentials
- The integrity of the judicial process and the trier of fact (Correct answer)
- The medical examiner's professional reputation
- The defendant's Fifth Amendment rights
Correct answer: The integrity of the judicial process and the trier of fact
Disclosure of conflicts of interest ensures the trier of fact (judge or jury) can properly weigh the credibility of expert testimony without bias.
ABFM Regulatory Compliance & Legal Framework 2
Under HIPAA, which of the following constitutes a permissible disclosure of protected health information (PHI) without patient authorization in a forensic context?