For the Defense - Vol. 6, Issue 1 - 30
defense counsel. During the preliminary discussion,
a medical expert acquires a basic understanding of
the facts and background of the case to allow them
to determine if the case is within their expertise
to provide an opinion and if timelines can be
met. Defense counsel should share information
about the case medical facts, medical evaluations,
and investigation reports. It is critical to the
initial discussion for the attorney to explain the
allegations, the statutory elements of the crime,
case law and legal principles. Furthermore, legal
counsel should be prepared to explain the scope of
work expected, legal strategies and the evidence
assessment required.
Carefully reviewing case records requires
significant time to be thorough and analyze aspects
of the case from both the medical perspective and
the legal framework for a possible defense. The
schedule and responsibilities of the expert must
be taken into consideration allowing as much time
for review of the records as possible including
medical, police/investigation, Children's Advocacy
Center (CAC) interviews and photographs as well
as audio recordings or transcripts of prior hearings
or trials. Optimally, having the benefit of a few
months is necessary for this process. Knowing the
extent and types of records available for review is
helpful in establishing the medical expert's fees.
Fees are dependent on whether defense counsel
30
For The Defense l Vol. 6, Issue 1
initially requires only verbal opinions, and if and
when a written report must be provided because
of the significant time allocation-even if it is
not a lengthy report. In those instances where
medical reports cannot fully support the defense
or there is insufficient information to form an
opinion with reasonable medical certainty, a
medical expert's report may only provide some
insight and suggestions of mitigating factors or
recommendations for testing or evaluations that
had not been completed. Furthermore, a medical
expert witness's report may assist with negotiating
a plea agreement.
Finally, and perhaps most importantly, a medical
expert should delineate the problems and pitfalls
in providing a medical defense in the case before
being called to testify. If medical expert testimony is
warranted, the trial schedule and whether personal
or virtual attendance must be discussed by defense
counsel. Further, those medical opinions are based
on the evidence and best medical information.
Medical standards require a reasonable degree of
medical certainty.
Agreements
Since we are compensated for our time, a discussion
of fees is necessary during the initial call. Payment
varies based on the attorney's particular position
For the Defense - Vol. 6, Issue 1
Table of Contents for the Digital Edition of For the Defense - Vol. 6, Issue 1
Contents
For the Defense - Vol. 6, Issue 1 - 1
For the Defense - Vol. 6, Issue 1 - 2
For the Defense - Vol. 6, Issue 1 - Contents
For the Defense - Vol. 6, Issue 1 - 4
For the Defense - Vol. 6, Issue 1 - 5
For the Defense - Vol. 6, Issue 1 - 6
For the Defense - Vol. 6, Issue 1 - 7
For the Defense - Vol. 6, Issue 1 - 8
For the Defense - Vol. 6, Issue 1 - 9
For the Defense - Vol. 6, Issue 1 - 10
For the Defense - Vol. 6, Issue 1 - 11
For the Defense - Vol. 6, Issue 1 - 12
For the Defense - Vol. 6, Issue 1 - 13
For the Defense - Vol. 6, Issue 1 - 14
For the Defense - Vol. 6, Issue 1 - 15
For the Defense - Vol. 6, Issue 1 - 16
For the Defense - Vol. 6, Issue 1 - 17
For the Defense - Vol. 6, Issue 1 - 18
For the Defense - Vol. 6, Issue 1 - 19
For the Defense - Vol. 6, Issue 1 - 20
For the Defense - Vol. 6, Issue 1 - 21
For the Defense - Vol. 6, Issue 1 - 22
For the Defense - Vol. 6, Issue 1 - 23
For the Defense - Vol. 6, Issue 1 - 24
For the Defense - Vol. 6, Issue 1 - 25
For the Defense - Vol. 6, Issue 1 - 26
For the Defense - Vol. 6, Issue 1 - 27
For the Defense - Vol. 6, Issue 1 - 28
For the Defense - Vol. 6, Issue 1 - 29
For the Defense - Vol. 6, Issue 1 - 30
For the Defense - Vol. 6, Issue 1 - 31
For the Defense - Vol. 6, Issue 1 - 32
For the Defense - Vol. 6, Issue 1 - 33
For the Defense - Vol. 6, Issue 1 - 34
For the Defense - Vol. 6, Issue 1 - 35
For the Defense - Vol. 6, Issue 1 - 36
For the Defense - Vol. 6, Issue 1 - 37
For the Defense - Vol. 6, Issue 1 - 38
For the Defense - Vol. 6, Issue 1 - 39
For the Defense - Vol. 6, Issue 1 - 40
For the Defense - Vol. 6, Issue 1 - 41
For the Defense - Vol. 6, Issue 1 - 42
For the Defense - Vol. 6, Issue 1 - 43
For the Defense - Vol. 6, Issue 1 - 44
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol9_issue1_2024
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol8_issue4_2023
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol8_issue3_2023
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol8_issue2_2023
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol8_issue1_2023
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol7_issue4_2022
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol7_issue3_2022
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol7_issue2_2022
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol7_issue1_2022
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol6_issue4_2021
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol6_issue3_2021
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol6_issue2_2021
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol6_issue1_2021
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue4_2020
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue3_2020
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue2_2020
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue1_2020
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue4_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue3_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue2_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue1_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue4_2018
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue3_2018
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue2_2018
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue1_2018
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue4_2017
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue3_2017
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue2_2017
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue1_2017
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue4_2016
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue3_2016
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue2_2016
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue1_2016
https://www.nxtbookmedia.com