10 things you need to know when testifying
By Deborah Green, Esq.

I have to testify at a trial on behalf of my patient. I have done this before, but I felt nervous and uncomfortable. What do I need to know?

Your discomfort might have been caused by having to deal with someone unfamiliar with chiropractic, the type of services you provide, or an inexperienced lawyer.

If you incur this situation again, you can do an invaluable service by teaching what you do — specifically, explain how your treatment differs from an allopathic doctor’s treatment.

Another thing you can do to feel more comfortable is to review your records, highlight the technical words, and find a simple English equivalent for each word. Substituting simple English for the technical jargon in your testimony can help the jury understand what you are saying, allow them to recognize your patient’s pain, and be able to identify with it.

By doing this you make your patient’s injuries come alive for the jury.

For example: Saying “Ms. Smith’s injuries were so severe she could not turn her head more than two inches without suffering excruciating shooting pains down her back” is more emotional than “Ms. Smith’s cervical spine was so impaired that she lost 50 percent of bilateral rotation and 75 percent of extension and flexion.”

One other thing to help you feel less nervous is to know your patient’s records cold. If you have an opportunity to examine the report of the independent medical examiner (IME), do so. Get familiar with any books or articles the IME may have written.

If you believe the information in the books contradicts what the IME says about the patient, advise the lawyer and let her know of any articles or books that support your position.

When testifying, remember these 10 things:

1. Tell the truth. It’s that simple.

2. Remember: The other lawyer is not your friend. The opposing lawyer will probably be friendly and polite to you, but the best way to deal with this is to only answer the questions you are asked. This is generally easier said than done — but do not provide gratuitous explanations.

3. Ask the lawyer to rephrase. If you do not understand the question, ask the lawyer to rephrase it until you do. If you only have an answer to part of the question, say so, and describe what part of the question you are answering.

4. If you do not remember something, say so. Do not guess, speculate, or assume what an answer might or should be.

5. Do not let a lawyer summarize or rephrase what you said. Tell the lawyer you stand by what you said, not by what he has summarized or rephrased.

6. Wear a suit. It shows respect for the court and jury.

7. Stay polite. If a lawyer tries to intimidate you, remain respectful. He or she will look like the jerk.

8. Know when to be quiet. During the course of your testimony, your lawyer may object to certain questions. If this happens, stop talking immediately! The judge will advise whether you may finish answering the question or not.

9. Be aware of ‘buzz’ words. Watch out for questions that use words such as “never” or “always” unless what you are describing “absolutely” requires such an answer. 

10. Be upfront. If asked whether you reviewed your testimony with the patient’s lawyer and you did, admit it. You have nothing to hide.

Deborah Green, Esq., practices law in New York and Florida. If you have any questions concerning legal healthcare issues, e-mail her at healthattorney@aol.com or call 954-923-0923.

DISCLAIMER: This column is provided for educational purposes only. The information presented is not as legal advice with respect to any matter and no attorney-client relationship is hereby established.