MOCK TRIAL HIGHLIGHTS TESTIMONY FOR EXPERT WITNESSES

Cheryl Guttman Krader

Published: Saturday, September 5, 2015

Attendees at a mock trial session held during the 3rd World Congress of Paediatric Ophthalmology and Strabismus learned about the right things to do when testifying in court as an expert witness. The concepts were illustrated in the setting of a non-accidental injury case involving a child diagnosed with shaken baby syndrome. The child was hurt while in the care of a babysitter and presented to a hospital emergency department with subdural haemorrhage, cerebral oedema and retinal haemorrhage. Gil Binenbaum MD, USA, took on the roles of prosecuting lawyer and expert witness for the prosecution, speaking as the physician who made the diagnosis. Alex Levin MD, USA, acted for the defence as both lawyer and expert witness. Dr Levin’s responses to questions from the defence attorney discounted the possibility that the ocular findings could have been the result of any other factors in the child’s medical history, or as a result of accidental injury. The audience, serving as the jury, found the defendant guilty based on a majority vote. Reviewing the evidence, “judges” Eedy Mezer MD, Israel, and Wagih Aclimandos MD, UK, reached the same verdict. Closing the session, Dr Levin offered his colleagues ten tips for testifying in court as an expert witness. His recommendations were to remember that: You are not on trial, so stay calm Come prepared Your job is not to win the case Your function is to educate the court Court is not about the truth You are not talking to your peers You are an expert Speak only when spoken to It is OK to get paid Tell the truth