Paeds Vivas · child-safety-and-social-paediatrics
Expert reports and court evidence in child protection — viva
Branching structured oral on expert reports and court evidence in child protection: the witness-of-fact versus expert-witness distinction, the duty to the court, the report structure, the standard of proof, the evidence chain, the contested-evidence differential, and the preparation for and conduct of cross-examination.
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Opening question
You are a general paediatrician. You receive a letter of instruction from a legal representative asking you to prepare an expert report for family-protection proceedings on a 5-month-old infant with subdural haemorrhage, retinal haemorrhages and encephalopathy. Walk me through how you approach this — your role, what you write, and how you express your opinion. [2] [6]
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- [1]Strouse PJ, Moreno JA, Dias MS, Narang SK Preparing for court testimony. Pediatric Radiology, 2021.PMID 33999250
- [2]Miller AJ, Narang S, Scribano P, Greeley C, Berkowitz C, Leventhal JM, Frasier L, Lindberg DM Ethical Testimony in Cases of Suspected Child Maltreatment: The Ray E. Helfer Society Guidelines. Academic Pediatrics, 2020.PMID 32068125
- [3]Dias MS, Boehmer S, Johnston-Walsh L, Levi BH Defining 'reasonable medical certainty' in court: What does it mean to medical experts in child abuse cases? Child Abuse & Neglect, 2015.PMID 26589362
- [6]Skellern C Medical experts and the law: Safeguarding children, the public and the profession. Journal of Paediatrics and Child Health, 2008.PMID 19166533
- [8]Brown SD Ethical challenges in child abuse: what is the harm of a misdiagnosis? Pediatric Radiology, 2021.PMID 33999247