Forensic Pathologist Testimony, Part 2: Special Issues and Considerations

Forensic pathologists routinely testify in courts of law as part of their occupation. As such, part of their training involves learning how to testify responsibly and competently. As experts, they are permitted to offer opinions in order to assist the triers of fact.

This review examines such concepts as burden of proof by manner of death, mechanisms of death, survival intervals, and the differences between possibilities, probabilities, and reasonable degree of medical certainty. It also addresses legal concepts and issues that may arise in court, including those of pain and suffering, cognitive bias, objections, attempts at witness impeachment, and surrogate witness testimony, as well as a summary of pertinent case law.

The special issues and considerations of the expert forensic pathologist are discussed with the aim to summarize some of the key issues that may arise in court for the forensic pathologist.