Kevin T Foley1, Michael J Ferency2, Erin M Sarzynski1. 1. College of Human Medicine, Department of Family Medicine, Division of Geriatrics, Michigan State University. 2. Michigan State University College of Law.
Abstract
INTRODUCTION: Familiarity with courtroom proceedings is essential for physicians before their first appearance as expert witnesses. Geriatricians who care for vulnerable older adults may be called to testify in guardianship hearings and cases involving elder abuse and contested wills. Coverage of this topic is limited in the medical literature. To enhance this knowledge, the Division of Geriatrics at Michigan State University piloted an expert witness training curriculum for its geriatric medicine fellows. METHODS: An attorney began the training with a didactic lecture to introduce principles of the trial process, evidence, records management, witness testimony, and court procedures. One week later, fellows participated in a mock trial to apply what they learned and gain experience in providing testimony. The simulated cases involved actual patients of the fellows, who were the subjects of a hypothetical contested guardianship matter. A mixed methods approach was used to assess knowledge acquisition, training effectiveness and perceived impact using a pre/post-test and an individualized, semistructured debriefing session. RESULTS: Two fellows participated in the training. Courtroom knowledge as assessed by the pre- and post-tests and qualitative measures improved from baseline. The fellows assessed the mock trial as a valuable experience and both felt more informed and prepared for future service as witnesses. CONCLUSIONS: This pilot study provided geriatric medicine fellows with instruction in courtroom testimony followed by participation in a simulated trial. Fellows rated the experience highly and demonstrated measurable improvement in their knowledge of legal proceedings involving older adults and their role as expert witnesses.
INTRODUCTION: Familiarity with courtroom proceedings is essential for physicians before their first appearance as expert witnesses. Geriatricians who care for vulnerable older adults may be called to testify in guardianship hearings and cases involving elder abuse and contested wills. Coverage of this topic is limited in the medical literature. To enhance this knowledge, the Division of Geriatrics at Michigan State University piloted an expert witness training curriculum for its geriatric medicine fellows. METHODS: An attorney began the training with a didactic lecture to introduce principles of the trial process, evidence, records management, witness testimony, and court procedures. One week later, fellows participated in a mock trial to apply what they learned and gain experience in providing testimony. The simulated cases involved actual patients of the fellows, who were the subjects of a hypothetical contested guardianship matter. A mixed methods approach was used to assess knowledge acquisition, training effectiveness and perceived impact using a pre/post-test and an individualized, semistructured debriefing session. RESULTS: Two fellows participated in the training. Courtroom knowledge as assessed by the pre- and post-tests and qualitative measures improved from baseline. The fellows assessed the mock trial as a valuable experience and both felt more informed and prepared for future service as witnesses. CONCLUSIONS: This pilot study provided geriatric medicine fellows with instruction in courtroom testimony followed by participation in a simulated trial. Fellows rated the experience highly and demonstrated measurable improvement in their knowledge of legal proceedings involving older adults and their role as expert witnesses.
Authors: Mark S Hochberg; Carolyn D Seib; Russell S Berman; Adina L Kalet; Sondra R Zabar; H Leon Pachter Journal: Acad Med Date: 2011-03 Impact factor: 6.893