CFN Courtroom Testimony and Procedures 3 â Questions and Answers
Question 1: When a forensic nurse discovers a discrepancy between her written report and her testimony mid-trial, the best course of action is to:
- Continue with the testimony and correct the report afterward
- Ignore the discrepancy if it is minor
- Acknowledge the discrepancy, clarify what is accurate, and explain any difference (Correct answer)
- Request a recess and consult with the attorney in private
Correct answer: Acknowledge the discrepancy, clarify what is accurate, and explain any difference
Transparency about discrepancies protects the nurse's credibility; the witness should address inconsistencies directly and explain them rather than conceal or minimize them.
Question 2: Under Federal Rule of Evidence 702, expert testimony is admissible when the expert's methodology is:
- Endorsed by a majority of practicing clinicians
- Based on sufficient facts, reliable principles, and reliably applied to the case facts (Correct answer)
- Published in a peer-reviewed journal within the past five years
- Consistent with local emergency department protocols
Correct answer: Based on sufficient facts, reliable principles, and reliably applied to the case facts
FRE 702 requires that expert testimony rest on sufficient facts or data, be the product of reliable methods, and be reliably applied to the facts of the case.
Question 3: A forensic nurse is subpoenaed to testify but believes she cannot ethically reveal certain patient information. She should first:
- Refuse to appear in court
- Consult with the hospital's legal counsel before the court date (Correct answer)
- Disclose all information to comply with the subpoena
- Contact the opposing attorney to negotiate what will be shared
Correct answer: Consult with the hospital's legal counsel before the court date
Before a court date, the nurse should work with legal counsel to determine whether a motion to quash or a protective order is appropriate to address confidentiality concerns.
Question 4: During direct examination, an attorney asks a forensic nurse a leading question. This is:
- Permissible if the nurse is qualified as an expert
- Generally not allowed on direct examination unless the witness is declared hostile (Correct answer)
- Required to focus the jury's attention on key facts
- Allowed only when the question pertains to foundation evidence
Correct answer: Generally not allowed on direct examination unless the witness is declared hostile
Leading questionsâthose suggesting the desired answerâare generally prohibited on direct examination but permitted during cross-examination.
Question 5: When reviewing medical records on the stand, a forensic nurse should handle the documents by:
- Summarizing the content from memory to save time
- Referring to specific page numbers and entries for accuracy and transparency (Correct answer)
- Declining to read from documents not previously introduced as exhibits
- Reading all entries aloud sequentially to ensure completeness
Correct answer: Referring to specific page numbers and entries for accuracy and transparency
Citing specific document pages and entries demonstrates precision and allows all parties to verify the accuracy of the witness's references in real time.
Question 6: A forensic nurse's testimony is described as 'cumulative.' In legal terms, this means the testimony:
- Adds important new facts not yet presented to the jury
- Repeats evidence already adequately covered by other witnesses or exhibits (Correct answer)
- Builds progressively on prior testimony to strengthen the argument
- Contains multiple expert opinions on the same issue
Correct answer: Repeats evidence already adequately covered by other witnesses or exhibits
Courts may exclude cumulative evidence under FRE 403 because it wastes time without adding probative value beyond evidence already presented.
Question 7: Which behavior by a forensic nurse during cross-examination is considered most professionally appropriate?
- Anticipating follow-up questions and answering them preemptively
- Remaining calm, answering only what is asked, and avoiding elaboration (Correct answer)
- Correcting the attorney's misstatements of fact immediately and assertively
- Seeking validation from the jury with eye contact after each response
Correct answer: Remaining calm, answering only what is asked, and avoiding elaboration
Effective cross-examination testimony requires composure, concise answers limited to what is asked, and avoidance of volunteering information that may be exploited.
CFN Courtroom Testimony and Procedures 3
When a forensic nurse discovers a discrepancy between her written report and her testimony mid-trial, the best course of action is to: