The LNC Critical Role: Medical Evidence Review
What is the role of the nurse working on a criminal case in helping to examine the evidence, applying our knowledge as healthcare providers in this specialized field where the stakes are incredibly high?
Consider this when an attorney contacts you to review a case. What is the evidence? What do you think about the evidence and the questions the attorney is asking you?
Most of this post will be from Teresa Devitt-Lynch’s perspective and experience.
Many of my cases come from defense attorneys, not because that’s who I market to, but because that’s just who calls me. I am open, and I do work with prosecutors from time to time, but the majority of my work is with defense attorneys.
Right at the beginning of your interaction, It’s critical to find out what they want from you. Is it something that they want you to consult on only or to testify on as well? You want to ensure that you have the expertise in the area where they may need testimony.
Medical Evidence Review
If they’re willing to share their theory of the case, especially if it is a homicide case, it can be helpful for you as you review the case. Are they claiming self-defense or that it was an accident? If it was an assault case, are they claiming an accident? If it was a sexual assault, are they claiming that it was consensual? And that helps to get an idea of where they’re taking their case and a little information about it.
What is Discovery?
I don’t have access to the charges at the beginning of my work on a case until after I’ve been retained by the attorney. Once we’ve decided I’m a good fit for them and can assist them with their case, they’ll retain me and send me the discovery.
The discovery is all of the evidence basically in document form. It includes any pertinent medical records, sometimes not all of them.
It includes the police interviews, the police recorders, the chest recorders that they use now, any witness interviews, the list of forensic evidence collected at the scene, photographs of the scene, and any photographs of the victim, living or dead. If there were an autopsy, then that would be included as well.
Once I have the discovery, one of the first things I do is look at the indictment, which is the list of charges that the assailant is charged with. There are a few reasons for this.
The indictment and the charges are the roadmap for the prosecution. These are the elements that the prosecutor has to prove to the jury for them to find the defendant guilty. On the other hand, these are the charges that the defense attorney is either trying to lessen or mitigate.
If an individual is being charged with first-degree murder, maybe they’re trying to get it knocked down to manslaughter and say it was an accident or wasn’t intentional. If it’s a first-degree assault, maybe they’re trying to get it knocked down to a third-degree. Or they’re trying to refute them completely and say this did not happen, or they have the wrong guy.
Medical Elements
Sometimes, they mention the types of medical elements that I’ll be looking for significant bodily injury, strangulation, and things like that. Again, those are the elements that the prosecution is trying to prove. Finally, the indictment might also include elements of the motivation of the crime. Was it intentional? Did they determine it to be reckless, or was it negligent?
There are different levels of intent, different levels of recklessness, and different levels of negligence. Still, those are the three basic elements of intent, or the mens rea, a Latin term for guilty mind. To be proven guilty of intentionally inflicting injury on somebody, the prosecution has to show that the defendant had the intent or willfully and purposely acted to harm or kill somebody. And then there’s recklessness.
Now, recklessness is the lesser or the next step down from intent or intentional. This is when a person should have known or did know their actions could cause harm. Recklessly driving while under the influence is an example. We all know that when you’re driving under the influence of a substance, alcohol, drugs, whatever, your reaction time is impaired, your decision-making is impaired, and your vision could be impaired. When you get drunk and behind the wheel you may not have had the intent to harm somebody purposely, but you should have known not to get into that car, and that would be recklessness.
Finally, there’s negligence, which is a lack of intent but involves failing to exercise reasonable care. This means not taking precautions that a reasonable person would have done under the same circumstances.
Circumstantial Evidence
Let’s consider the evidence the prosecutor must utilize to establish that intent. We hear about cases built on circumstantial evidence. Sometimes, they lack the strength to result in a conviction or raise the question that somebody else did it.
If circumstantial evidence is opposed to direct evidence, direct evidence directly links somebody to the key issue of the fact or the crime. So, if you have somebody’s fingerprints on a knife that was used to stab somebody, that would be direct evidence. However, most evidence shown in court and used to prove criminal charges is called circumstantial evidence.
And that’s where medical evidence falls into utilization. This evidence doesn’t directly show the key elements of the fact or the key fact at issue. A jury can utilize circumstantial evidence if taken at face value and believed. A reasonable link between the suspect and the crime. A lot of times, it’s a circumstantial case, but it’s a strong case.
And that usually means they may not have a lot of, if any, direct evidence. Strong circumstantial evidence that, when collected, compiled, and reviewed by the jury, will lead them to find the person guilty.
Coming Up
Are you fascinated or interested in this type of criminal case? If yes, you need to attend my upcoming virtual LNC Conference:
Discover How To Get More Criminal Cases: Murder Mysteries Unraveled. Discover more about the LNC’s Impact on Legal Battles on May 30, 31, and June 1, 2024.
- Get more criminal cases
- Attract the Best Attorney Clients
- Position Yourself as the Go-To LNC
- Network With Your Colleagues
Click here to learn more and register early.
Teresa Devitt Lynch is a forensic nurse and a sexual assault nurse examiner. She’s board-certified in forensic nursing and is an educator and expert who testifies internationally and nationally.
Teresa has been a guest on my Legal Nurse Podcast and will speak at the virtual event Murder Mysteries Unraveled: The LNC’s Impact on Legal Battles, which will be held May 30, 31,and June 1, 2024.
Pat Iyer is president of The Pat Iyer Group, which develops resources to assist LNCs in obtaining more clients, making more money, and achieving their business goals and dreams.
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