Shared Flashcard Set

Details

Audiology/Salus-Investigative/Expert Witness
Investigative/Expert Witness
31
Other
Professional
07/13/2009

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Cards

Term
Investigative audiology is restricted to the legal arena. T/F
Definition
False
Term
Woker's compensation activity is the MOST common venue in litigation for investigative audiologists. T/F
Definition
False
Due to capital limitations, most WC cases cannot afford IA participation.
Term
Most worker's comp systems have scheduled awards. T/F
Definition
True
Term
Tort law is the form of legal activity that involves an investigative audiologist testifying whether a criminal might have had a hearing problem that caused him to fail to halt when commanded to do so. T/F
Definition
False
Tort law means outside the criminal domain. This question refers to criminal law.
Term
Cross examination is the single-most daunting aspect of serving as a testifying witness. T/F
Definition
True
Term
The discovery process normally does NOT include what activity?
Definition
Trial testimony. (This occurs after the discovery process.)
Term
What activities does the discovery process include? (3 things)
Definition
document review, preparation of a report, expert disclosure
Term
The discovery deposition and the evidence deposition are the same task with different names. T/F
Definition
False
Term
What is the term for a motion that is intended to restrict a testifying witness from covering a specific topic.
Definition
motion in limenae
Term
In a trial, the plaintiff puts on his case before the defendent does. T/F
Definition
True
Term
A jury always consists of 12 jurors. T/F
Definition
False
There can be any number between 6 and 12, depending on the venue.
Term
What hearing test frequency is often not tested by clinicians, but is a requisite for calculating the AMA % hearing handicap?
Definition
3000 Hz
Term
To be judged as reliable test responses, the SRT must ALWAYS be within 6dB of the 500-2000Hz three-frequency average. T/F
Definition
False
A sharply falling or risting pure tone configuration may result in a relatively large PTA but SRT is considerably les since the patient responds to the better frequency range.
Term
What is the recommended speech-in-noise ratio for clinical evaluation of a patient's ability to hear in noise?
Definition
+5dB
Term
The complaint of tinnitus in a legal case, unlike whiplash, can be tested in your clinic. T/F
Definition
True.
You still depend on the subjective responses of the patient, but repeatability, therefore reliability can be tested clinically.
Term
The clinician is well advised to keep all forms and notes that are created for each test that is conducted. T/F
Definition
True
Term
What are the steps typically included in a cause/effect analysis during the claim review process? (3 things)
Definition
evaluate the subject complaints, evaluate causation, consider audiometric configuration
Term
Calculating the AMA % hearing handicap is normally included in the casue/effect analysis during the claim review process. T/F
Definition
False
While useful, this calculation tells nothing about any causative or confirmatory features of the case.
Term
A useful method for retrospectively calculating a person's noise exposure is to utlize what?
Definition
The equivalentlevel method (Leq).
This calculation involves the 3dB T/I and is appropriate to reconstruction of noise exposure because it is true to the laws of physics.
Term
It is possible to accurately distinguish (and calculate) the relative contributions of noise exposure and age for hearing impairment claimants. T/F
Definition
False
We don't know enough about the interactions and "addability" of NIHL and presbyacusis to separate them except by serial audiometrics.
Term
Most etiologies have a typical or predictable time-course. T/F
Definition
True
Term
Tinnitus, is presence and sound quality, is not particularly diagnostic, thus it is of limited use in case evalaution. T/F
Definition
True
Term
Patient notes should be brought to a deposition. T/F
Definition
False
Term
An affadavit must be notarized to be valid. T/F
Definition
True
A statement or affirmation needs no notary-although the affirmation is made under "threat of prosecution for perjury".
Term
Because of the latitudes given to expert witnesses by the courts, it is appropriate and good to guess at answers if one is not fully certain. T/F
Definition
False
Term
Expert activities are governed by the Rules of Civil procedure which are designated as what?
Definition
Rule #26 (ammended)
Term
Prior to being allowed to testify, experts must qualify before the judge and/or jury. T/F
Definition
True
Term
What should be done accurately if used during testimony?
Definition
Replication
Term
What is the most desirable type of equipment quality to use if sound measures are included in the subject of testimony?
Definition
Type 1
Term
OSHA is an equipment and measurement protocol standardizing entity. T/F
Definition
False
OSHA set guidelines for hearing conservation and enforces federal laws.
Term
Because of discovery principles, when working with an attorney, the consultatnt should not prepare a report or send opinions to the client unless requested to do so. T/F
Definition
True
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