When Clinicians Are Summoned to Testify in Court: Orientation to the Process and Suggestions on Preparation
Abstract
There are occasions when clinicians are summoned to court to testify. The reasons for this are wide-ranging. It can be about
the provision of patient care that is relevant to a criminal or civil legal matter, or to a malpractice complaint, concerns of
safety for a child, child custody issue, allegation of sexual or physical abuse, or being called to testify as an expert witness in
your field of expertise. The legal system is adversarial and litigation is the process used to determine the considered truth of
the matter at hand. The adversarial nature of the courtroom stands in stark contrast to the collaborative mindset and
approach used in health care. Most clinicians will never have to testify in a court setting. However, when a clinician does
receive a subpoena, feelings of dread, anxiety, and panic can ensue. This can be especially harrowing if the subpoena is about a
malpractice grievance. Understanding the legal arena, court proceedings and how to properly prepare, can assist the clinician
to navigate the process and stay calm under pressure if subpoenaed to testify. This article will help clinicians know what to do
and how to prepare in the event they are ordered to testify in court. An orientation to the courtroom, basic legal concepts,
and definitions will be discussed. This article is structured in a question and answer format based on typical questions
clinicians ask when anticipating going to court.
Description
item.page.type
Article
item.page.format
Keywords
medical professionals, testify, court, child abuse investigation
Citation
Murphy, J. L. (2018). When Clinicians Are Summoned to Testify in Court: Orientation to the Process and Suggestions on Preparation. SAGE Open Nursing, 4, 2377960818757097.