Preparation of Expert Fact Witness Reports: Service Details
- Written report to increase comprehension of complex medical care, conditions, and issues
- Used to educate the “triers of fact.” LNC’s utilize the medical record as a whole, not just part of the record as some treating healthcare practitioners might if asked to educate.
- Nurses educate daily in practice and are ideal for explaining medical care to layperson
- Legitimacy based on FRE 1006. Also known as summary witness or summary provider.
- From Legal Nurse Consulting Principles and Practices: “The expert fact witness is one who by special knowledge, skill, training, or experience is qualified to provide non-opinions testimony to aid the trier of fact in understanding matters that exceed the common knowledge of laypeople. This witness does not offer opinions about the quality of care and treatment rendered but summarizes and explains the facts contained in the medical records to educate the judge or jury about that care and the plaintiff’s response to it.”
- Benefit to plaintiff’s party
- Can illustrate pain and suffering or advocate for patient who cannot communicate
- Augments understanding of voluminous quantity of medical records and interprets medical jargon
- Highlights lived experience of plaintiff and effects of injury
- Benefit to defense’s party
- Summarizes care and treatment rendered during a lengthy encounter or from long-standing issue
- Teach defense and jury about specific nursing procedures or treatments documented in records
STAT Justice Legal Nurse Consulting 