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When Clinicians Are Summoned to Testify in Court: Orientation to the Process and Suggestions on Preparation

There are occasions when clinicians are summoned to court to testify. The reasons for this are wide-ranging. It can be about the provision of patient care that is relevant to a criminal or civil legal matter, or to a malpractice complaint, concerns of safety for a child, child custody issue, allegat...

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Detalles Bibliográficos
Autor principal: Murphy, Janet L.
Formato: Online Artículo Texto
Lenguaje:English
Publicado: SAGE Publications 2018
Materias:
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7774402/
https://www.ncbi.nlm.nih.gov/pubmed/33415190
http://dx.doi.org/10.1177/2377960818757097
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author_sort Murphy, Janet L.
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description There are occasions when clinicians are summoned to court to testify. The reasons for this are wide-ranging. It can be about the provision of patient care that is relevant to a criminal or civil legal matter, or to a malpractice complaint, concerns of safety for a child, child custody issue, allegation of sexual or physical abuse, or being called to testify as an expert witness in your field of expertise. The legal system is adversarial and litigation is the process used to determine the considered truth of the matter at hand. The adversarial nature of the courtroom stands in stark contrast to the collaborative mindset and approach used in health care. Most clinicians will never have to testify in a court setting. However, when a clinician does receive a subpoena, feelings of dread, anxiety, and panic can ensue. This can be especially harrowing if the subpoena is about a malpractice grievance. Understanding the legal arena, court proceedings and how to properly prepare, can assist the clinician to navigate the process and stay calm under pressure if subpoenaed to testify. This article will help clinicians know what to do and how to prepare in the event they are ordered to testify in court. An orientation to the courtroom, basic legal concepts, and definitions will be discussed. This article is structured in a question and answer format based on typical questions clinicians ask when anticipating going to court.
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spelling pubmed-77744022021-01-06 When Clinicians Are Summoned to Testify in Court: Orientation to the Process and Suggestions on Preparation Murphy, Janet L. SAGE Open Nurs Original Article There are occasions when clinicians are summoned to court to testify. The reasons for this are wide-ranging. It can be about the provision of patient care that is relevant to a criminal or civil legal matter, or to a malpractice complaint, concerns of safety for a child, child custody issue, allegation of sexual or physical abuse, or being called to testify as an expert witness in your field of expertise. The legal system is adversarial and litigation is the process used to determine the considered truth of the matter at hand. The adversarial nature of the courtroom stands in stark contrast to the collaborative mindset and approach used in health care. Most clinicians will never have to testify in a court setting. However, when a clinician does receive a subpoena, feelings of dread, anxiety, and panic can ensue. This can be especially harrowing if the subpoena is about a malpractice grievance. Understanding the legal arena, court proceedings and how to properly prepare, can assist the clinician to navigate the process and stay calm under pressure if subpoenaed to testify. This article will help clinicians know what to do and how to prepare in the event they are ordered to testify in court. An orientation to the courtroom, basic legal concepts, and definitions will be discussed. This article is structured in a question and answer format based on typical questions clinicians ask when anticipating going to court. SAGE Publications 2018-02-15 /pmc/articles/PMC7774402/ /pubmed/33415190 http://dx.doi.org/10.1177/2377960818757097 Text en © The Author(s) 2018 http://creativecommons.org/licenses/by-nc/4.0/ Creative Commons Non Commercial CC BY-NC: This article is distributed under the terms of the Creative Commons Attribution-NonCommercial 4.0 License (http://www.creativecommons.org/licenses/by-nc/4.0/) which permits non-commercial use, reproduction and distribution of the work without further permission provided the original work is attributed as specified on the SAGE and Open Access pages (https://us.sagepub.com/en-us/nam/open-access-at-sage).
spellingShingle Original Article
Murphy, Janet L.
When Clinicians Are Summoned to Testify in Court: Orientation to the Process and Suggestions on Preparation
title When Clinicians Are Summoned to Testify in Court: Orientation to the Process and Suggestions on Preparation
title_full When Clinicians Are Summoned to Testify in Court: Orientation to the Process and Suggestions on Preparation
title_fullStr When Clinicians Are Summoned to Testify in Court: Orientation to the Process and Suggestions on Preparation
title_full_unstemmed When Clinicians Are Summoned to Testify in Court: Orientation to the Process and Suggestions on Preparation
title_short When Clinicians Are Summoned to Testify in Court: Orientation to the Process and Suggestions on Preparation
title_sort when clinicians are summoned to testify in court: orientation to the process and suggestions on preparation
topic Original Article
url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7774402/
https://www.ncbi.nlm.nih.gov/pubmed/33415190
http://dx.doi.org/10.1177/2377960818757097
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