Expert Testimonies Research Articles

Are we forgetting early observations of coral bleaching?

I argue that the first observed mass coral bleaching event on Australia’s Great Barrier Reef (GBR) occurred in 1982. This claim should not be controversial given the expert testimonies and data collected at the time. However, the GBR mass bleaching of 1982 has been repeatedly and inexplicably absent from descriptions of the GBR bleaching history in recent peer-reviewed literature, government reports, and popular media. This is leading to a paradigm that severe, widespread coral bleaching began on the GBR in 1998, with that event impacting coral communities that had only been previously impacted by minor, localized bleaching. Here, I show that this paradigm is misleading, that mass bleaching during 1982 is consistent with the levels of heat and light stress that have sparked other GBR bleaching events, and that consideration of the full timeline of observed GBR mass bleaching is important for interpretations of community dynamics and potential changes in sensitivity to heat stress over time.

Development of two step reverse transcription droplet digital PCR (RT-ddPCR) for simultaneous identification of saliva and semen

Determination of the type of body fluids is essential for crime scene reconstruction and for improving the reliability of expert testimonies. Messenger RNA (mRNA) analysis by reverse transcription quantitative PCR (RT-qPCR) has been used in forensic genetics, particularly for body fluid identification. It is a relative quantification method that compares the Ct values of target and reference gene. Thus, the method is unsuitable for determining exact copy numbers of the target gene. To address this limitation, this study performed body fluid-specific mRNA analysis using two-step reverse transcription droplet digital PCR (RT-ddPCR), which is capable of absolute quantification. We found that RT-ddPCR was accurate and sensitive enough to detect as little as 1.5 copies/μl of complementary DNA (cDNA), making it suitable for application using casework samples. It was also highly specific for body fluids, as non-specific amplification did not occur. In addition, saliva-semen mixtures with ratios ranging from 1:50 to 50:1 were successfully identified. When comparing the results of RT-qPCR and RT-ddPCR, some samples were difficult to interpret because of the high Ct values of RT-qPCR. However, when the same samples were analyzed using RT-ddPCR, saliva and semen were distinctly identified. Thus, RT-ddPCR is useful for mixed samples (e.g., in sexual assault cases) with low amounts of DNA, which often leads to ambiguous results when using RT-qPCR. Other body fluids (e.g., vaginal fluid and menstrual blood) can also be identified by including additional markers. This study demonstrates the potential of RT-ddPCR for applications in forensic science.

Interpretation and Application of Criminal Law Regarding Blasphemy Under Article 156a of the Criminal Code

The offense of blasphemy is complex and confusing due to its three distinct definitions: offense according to religion, offense against religion, and offense related to religion. This lack of clarity results in no clear boundaries for defining what constitutes blasphemy. This article explores the legal interpretation of blasphemy through an analysis of various court decisions and the opinions of religious leaders. Utilizing normative research methods complemented by field data from interviews with religious leaders, the study reveals that Article 156a of the Criminal Code lacks a precise definition of blasphemy, leading to broad and varied interpretations. The subjectivity of determining blasphemy is evident, as it often depends on the identity of the offended party. Additionally, resolving blasphemy cases, such as those involving deviant sects, necessitates theological dialogue rather than immediate recourse to punitive measures. The article notes that judicial decisions in blasphemy cases frequently rely on the testimony of religious experts, sometimes without sufficient consideration of the expert’s qualifications or the quality of their explanation of blasphemy.

Role Of Visum Et Revertum And Provision In The Process Of Civil Action And Proposal Of Coveration (Study Resolution Number 50/Pid.Sus-Kids/2023/Pt Medan)

Proof is the most important thing in the judicial process, it is used to find the material truth that is the complete truth of a criminal case. In proof there are various means of proof such as testimony of witnesses, expert testimonies, letters, instructions, and indictments of the accused. In criminal acts of persecution, asylum, and murder, visum et repertum is often used as a means of proof in its proof. The study aims to identify and analyze the role of visum et repertum (ver) in the proof of a criminal offence under the Code of Criminal Procedure Law (KUHAP), and the function of visa et repertrum (ver), in the study of judgment No. 50/pid.sus-anak/2023/pt field). This research includes a type of normative jurisprudence that is supported by empirical research to obtain accurate or valid data. Based on the research carried out on the case study of judgment No. 50/PID.SUS-ANAK/2023/PT MEDAN) No.1267/ PID/B/2010/PN.JKT.BAR, it is a legal proof tool that has a connection to the judge in particular in decision-making. Nevertheless, the judge is free to judge the truth contained in the evidence of a letter issued by such an expert. Therefore, in deciding a matter, return to the judge himself, which is to be based on the reasoning and consideration of the law. Furthermore, as one of the means of proof referred to in article 184, paragraph (1) of the Covenant, the visa et repertum shall be the discretion of the judge and shall be used as a guideline or as a grip in delivering a sentence against the offender. For in the testimony of the expert, the testimony of the judiciary called Visum et repertum, so clearly described what really is the cause of a crime, whether it is persecution, serious injuries if resulting in death.

Causal nexus between work and health/illness and the issue of expert testimonies

Resumo A esfera das perícias comumente reduz a questão do estabelecimento do nexo de causalidade entre trabalho e saúde/doença apenas ao binômio trabalho/vida pessoal. Partindo dos pressupostos dos campos Saúde do Trabalhador (ST) e Saúde Mental Relacionada ao Trabalho (SMRT), este ensaio visa problematizar o resultado da questão, que reside na existência de dificuldades enfrentadas por trabalhadores na obtenção do nexo causal entre seus agravos/adoecimentos, cuja causalidade mais complexa se explica a partir de várias mediações pouco consideradas nos atos periciais circunscritos apenas às anamneses clínicas de cunho biomédicas pautadas nos pressupostos da Medicina do Trabalho, Higiene e Saúde Ocupacional. As formas de superação à ideia de causa-efeito passam pelo entendimento de que o processo de adoecimento é social e histórico e de que é preciso buscar mediações entre trabalho e adoecimento para elucidar sintomatologias singulares a partir da experiência do desgaste coletivo. Tal averiguação deve, ao mesmo tempo, problematizar os próprios processos de trabalho dos atores sociais envolvidos nas investigações periciais e partir das prioridades definidas pelos próprios trabalhadores que atuam como sujeitos da análise da nocividade do trabalho para a saúde.

Models on trial: antitrust experts face Daubert challenges

ABSTRACT Economists are often called upon as expert witnesses by the parties involved in antitrust litigation. One challenge they may face in US federal courts is compliance with the Daubert standard of admissibility of expert testimony. The interplay between model applicability and the Daubert standard is analyzed, suggesting the importance of distinguishing between weak applicability claims, those that state that a model’s critical assumptions are shared by the target, and strong applicability claims, those that connect empirical models and quantitative market features. Recent antitrust cases in which expert testimonies based on economic models have been assessed following the Daubert standard are examined using this framework. Some normative implications are drawn concerning how to improve judges’ assessment of model-based arguments.

Prohibition of Monopolistic Practices in Business Trials in Indonesia: Reforming on Business Competition Supervisory Commission

Indonesia recognizes the importance of fair competition for economic growth and consumer welfare. To ensure a level playing field, the country has established legislation and regulations that prohibit monopolistic practices and promote healthy competition. Key laws include the Indonesian Anti-Monopoly Law and the Law on Business Competition Supervision and Control. Business trials play a crucial role in enforcing these laws. Courts serve as arbiters in cases involving alleged monopolistic practices, employing thorough examinations of evidence, expert testimonies, and legal arguments presented by the parties involved. The burden of proof rests on the plaintiff, who must demonstrate the existence of anti-competitive behavior and its adverse effects on the market. The Prohibition of Monopolistic Practices in Business Trials in Indonesia encompasses various types of anti-competitive conduct, such as price fixing, market division, and abuse of dominant market position. Violations of these laws can result in significant penalties, including substantial fines, dissolution of companies, and criminal charges for individuals involved. To strengthen the effectiveness of business trials, Indonesia has established regulatory bodies such as the Business Competition Supervisory Commission (KPPU). The KPPU plays a crucial role in investigating alleged violations, providing recommendations to the courts, and monitoring compliance with rulings. Despite the robust legal framework, challenges remain in enforcement. Collaboration between government agencies, the judiciary, and the business community is essential. Additionally, monitoring and updating the legal framework to address evolving market dynamics and emerging forms of anti-competitive practices are necessary.

The Use of Forensic Physician Expertise In View of Health Law Against Murder Cases

Introduction: The position of forensic expert evidence stands on the nature of the dualism of expert evidence, on one side of the expert evidence in the form of reports or post mortem et Repertum can still be assessed as expert evidence on the other side of the expert evidence in the form of reports also touches the letter evidence, but decision-making will be the nature of the dualism of forensic expert evidence lies in the confidence of the judge in making a decision. Forensic medicine plays a role in determining the causal relationship between an act and the consequences that will cause injury to the body or cause health problems or cause the death of a person (causal verbend).Purposes of the Research: The purpose of this study is to explain paradiqma conviction and judgment Judge tehadapa Forensic Medicine against murder case.Methods of the Research: The research method used is normative legal research with a statute legal approach and a conceptual approach.Results of the Research: The testimony of forensic experts is essentially not binding on the judge. However, in a criminal procedure if it is necessary and the purpose is presented experts to explain the case, explain the cause and effect of the defendant's guilt in committing a criminal act, forensic expert testimony is needed in the trial.

Blunt Force Skeletal Trauma Research Methods

A key component of the forensic anthropological examination is skeletal trauma analysis, which accounts for the majority of forensic anthropologists’ expert testimonies. However, a major gap in the current knowledge surrounding skeletal trauma has been identified, specifically the data necessary to conduct comprehensive bone trauma analysis with established error rates are lacking. Current methods and standards of skeletal blunt force trauma analysis rarely meet Daubert guidelines that require: (1) validated studies, (2) peer review, (3) known or potential error rate, and (4) general acceptance, nor do they provide data or analyses that are comprehensible to the medicolegal community and the general public. Therefore, a multidisciplinary approach with a biomechanical emphasis is critical to improve the validity of skeletal trauma analysis and interpretation through precise, accurate, and repeatable analytical methods. The objectives of this review are to: (1) provide an overview of current approaches to blunt force skeletal trauma research across disciplines while highlighting the applications, strengths, and limitations of these methods, and (2) address gaps in discipline-specific methodologies to emphasize the importance of multidisciplinary scientific teams for improvement of skeletal trauma research. This review highlights the need for large-scale controlled experimental bone trauma studies utilizing human specimens and the various methodologies available for further skeletal trauma research.

Reliability of identification methods and expert testimonies according to participants of criminal proceedings

The reliability of evidence in a criminal trial is a multidimensional issue and relates to the assessment of the evidential value of a specific circumstance established in the case through activities performed by expert witness or authorities. The reliability (trustworthy) of the source of evidence and identification methods, performance of research, deduction and the context of other evidence seem to be one of the important implications for the evidential value. Results of the survey of participants of the criminal trial (police officers, prosecutors and experts) and comparative group on the perception of various features of identification methods and selected aspects related to the status of a forensic expert is presented in the article. In the first part of the study, the identification methods were ranked in terms of their scientificity, reliability and willingness to convict on the basis of the method’s results. The research shows that the assessment of the method’s reliability is significantly correlated with the assessment of its scientificity. However, some exceptions to this relationship have been identified, indicating that the reliability of the method may also be the result of an assessment of its suitability and effectiveness. The second part of the research was focused on assessing the reliability of various expert opinions. The place of examinations carried out by an expert is important for the participants of the criminal trial. Opinions of forensic experts performed at specialist institutions were assessed as the most reliable.

Expert witnesses professional and methodological mistakes in medical malpractice cases

As any case of alleged medical malpractice, whether in a civil or criminal proceeding, cannot be resolved without involving the expert witness who assists the police, office of public prosecution or the court to rule on merits, the authorsaim to identify the most significant questionable and incorrect practices of expert witnesses based on the review of 11 years dataset (2008–2019) consisting of 3098 expert opinions and expert testimonies in both criminal and civil proceedings in Slovakia. To the necessary extent, the legal frameworkfor expert witnesses in Slovakia is also presented. The authors also aim to focus on the significant findings of the dataset, such as the most frequent specialities in which alleged malpractice occurred, which are surgery, emergency medicine, anaesthesiology and intensive care, gynaecology and obstetrics, internal medicine, neurology and paediatrics. The publication is also aimed at the most frequent incorrect or questionable practices of expert witnesses, such as ex-post case analysis, questionable practice related to the obtaining ofmedical records, improper use of consultants by the expert witness, misinterpretation of the autopsy records and autopsy diagnoses and the deficiencies in the processing the case file by the expert witness. The authors focused on important findings from the dataset, such as the specializations where the alleged medical malpractice most frequently occur-red, i.e. surgery, emergency medicine, anesthesiology and intensive care, gynaecology and obstetrics, internal medicine, neurology and paediatrics. The publication deals with the most common erroneous or questionable expertpractices, such as ex-post analysis of the case, questionable practice related to obtaining medical records, inappropriate selection of consultants by an expert, misinterpretation of documentation from post-mortem examinations and de-ficiencies in the preparation of an opinion based on the case file by a court expert.

KEKUATAN PEMBUKTIAN HASIL PEMERIKSAAN LABORATORIUM FORENSIK SEBAGAI ALAT BUKTI DALAM KASUS TINDAK PIDANA PEMBUNUHAN

Murder is a crime that both violates humanity and the law. Murders can be influenced by a variety of factors, including personal issues, economic hardships, and other concerns. The process of investigating murder cases necessitates the use of a Forensic Laboratory Examination to identify evidence and clues that will be used as legal evidence in court later. The aim of the research is to examine the role of evidence from Forensic Laboratory examination results in developing a judge's conviction in a murder case. This is a qualitative study that employs a normative legal method. The data used are secondary data gathered from literature studies and interviews at the National Police Headquarters Forensic Laboratory Center. In general, Forensic Laboratory examination results are utilized as evidence and instructions that can corroborate evidence. The Forensic Laboratory examination results can be utilized as documentary evidence (visum et repertum), expert testimonies, and evidence directives. The Forensic Laboratory investigation's findings are crucial in determining the judge's conviction, particularly in cases of murder. The judge's conviction must be founded on the fact that the defendant committed murder. As a result, the role of proving the Forensic Laboratory examination results is expected to guide the judge's conviction to get material truth. The expected implication is that the values of justice will be fulfilled in the Indonesian criminal justice system.

Testing a deliberative democracy method with citizens of African ancestry to weigh pros and cons of targeted screening for hereditary breast and ovarian cancer risk.

Democratic deliberation (DD), a strategy to foster co-learning among researchers and communities, could be applied to gain informed public input on health policies relating to genomic translation. We evaluated the quality of DD for gaining informed community perspectives regarding targeting communities of African Ancestry (AAn) for Hereditary Breast and Ovarian Cancer (HBOC) screening in Georgia. We audiotaped a 2.5 day conference conducted via zoom in March 2021 to examine indicators of deliberation quality based on three principles: (1) inclusivity (diverse viewpoints based on participants' demographics, cancer history, and civic engagement), (2) consideration of factual information (balanced and unbiased expert testimonies, participant perceived helpfulness), and (3) deliberation (speaking opportunities, adoption of a societal perspective on the issue, reasoned justification of ideas, and participant satisfaction). We recruited 24 participants who reflected the diversity of views and life experiences of citizens of AAn living in Georgia. The expert testimony development process we undertook for creating balanced factual information was endorsed by experts' feedback. Deliberation process evaluation showed that while participation varied (average number of statements = 24, range: 3-62), all participants contributed. Participants were able to apply expert information and take a societal perspective to deliberate on the pros and cons of targeting individuals of AAn for HBOC screening in Georgia. The rigorous process of public engagement using deliberative democracy approach can successfully engage a citizenry with diverse and well-informed views, do so in a relatively short time frame and yield perspectives based on high quality discussion.

Établir la vérité sur le meurtre des Juifs en Pologne

The foundations for research on the Shoah were laid by Jewish survivor scholars in the immediate aftermath of liberation from German occupation. In his book, The Yiddish Historians and the Struggle for Jewish History, Mark Smith identifies Nachman Blumental (1902–1983), who survived the Shoah in the Soviet Union, as one of these Yiddish historians. While Blumental was indeed a Yiddish historian and a Yiddishist, he was much more. Blumental was also a survivor scholar in a more general sense who sought to reach out to the Polish majority and enlighten the public at large, as indicated by the numerous articles he published in the 1940s in the journal Nasze Słowo.Drawing on previously unexamined and unpublished source material from the Nachman Blumental Collection, my article seeks to analyze Nachman Blumental’s perspective on the Nazi’s persecution and extermination policy in German-occupied Poland. Blumental’s “historiographical operation” (Michel de Certeau) that he developed in the 1940s took shape within a specific constellation: first, the institutional framework of the Central Jewish Historical Commission and its successor organization, the Jewish Historical Institute in Warsaw, which he headed from 1947 and 1950 and for which he collected and edited documents; second, his function as an expert witness in the trials of Deputy Governor-General Josef Bühler and Commandant of Auschwitz Rudolf Höß as well as his attempt to bring two Polish policemen involved in the murder of his family to justice; third, his inspection of Shoah sites, which constituted part of a journey he made through the landscape of the Shoah between 1944 and 1950; fourth, his linguistic approach to the reality of the Shoah as manifested in his dictionary project decoding German Nazi words, Słowa niewinne (Innocent Words), and in his analysis of new Polish words that emerged during the German occupation. Blumental’s still unpublished Gwara polska pod okupacją niemiecką (Polish Jargon under German Occupation), which is divided into 15 thematic sections, includes a collection of words on the subjects of “Camps,” Ghetto,” and the “Aryan side.”The aim of my paper is to shed new light on Nachman Blumental’s contribution to early research on the Shoah by situating his work in the broader Polish societal context of the 1940s, a part of which was the continuity and omnipresence of anti-Semitic violence after liberation from German occupation. In Poland, documentation of the Shoah by Jews was carried out under life-threatening conditions. This had an impact on how explicit survivor scholars could or could not be when writing in Polish about Polish participation in the Shoah. One can discern the difference between Blumental’s published works, such as his expert witness testimonies, and his private hand-written notes on his journey through Poland, which demonstrate the prevalence of Polish anti-Semitism.

Parental alienation vs coercive control: Controversial issues and current research

Family court judges should make decisions per the best interests of the child standard (Child Welfare Information Gateway, 2020). High conflict custody cases make this complicated, especially when reunification services are requested. In the middle of contentious proceedings, judges oftentimes receive conflicting information from parents. Judges and family law professionals can be lead astray, relying on unproven constructs and instruments not meeting the criteria of reliability and validity. Some victimized children have been mandated into reunification programs that are neither evidence-based nor trauma informed, causing them further harm (Chester, 2022). This two-volume special issue on Parental Alienation and Family Reunification provides courts with critical background in child development, dynamics present in violent families, and how to evaluate the testimony of experts to ensure it values children’s views and follows evidence-based practice.

Perspectivas éticas e legais em perícias de psiquiatria forense

Abstract Knowing the ethical paradigm that bases the medicine moral code is fundamental to act not only in care but also in the expert testimony process. From a revision of the literature, we propose to evaluate the way the four fundamental ethical principles (beneficence, nonmaleficence, autonomy, and justice) apply before, during, and after the psychiatric expert testimony, be it as expert or as technical assistant. New ethical challenges have been appearing in forensic psychiatry. With the COVID-19 pandemic, technology was adopted to allow the practice of telemedicine, but debates still occur if that would suffice for an adequate psychiatric expert testimony evaluation. Considering the complexity of the area, each situation must be analyzed in an individualized and all-encompassing way and seeking help to debate the ethical and legal perspectives of psychiatric expert testimonies is recommended when necessary.

Attitudes and knowledge of the tunisian medical staff towards LGBT patients

IntroductionSexual minorities have been coming out more than ever before. However, Tunisian laws and society are still not supportive of LGBT (lesbian, gay, bisexual and transgender) rights. To this day, Tunisian doctors are requisitioned to carry out anal tests as part of expert testimonies in cases of conviction for homosexuality.ObjectivesAssess Tunisian physicians’ attitudes and knowledge towards LGBT patients.MethodsWe conducted a cross-sectional study in October 2021, among 445 Tunisian physicians and medical students. Data were collected via an anonymous self-administered online questionnaire including sociodemographic data and the LGBT Development of Clinical Skills Scale (LGBT-DOCSS).ResultsThe overall LGBT-DOCSS score was quite good (4.47 ±0.85). The attitudes of Tunisian doctors were better than their knowledge (p=0.01; t=2.6), which was better than their clinical preparedness (p<10-3; t=25) in treating LGBT patients. Doctors who self-identify as sexual minorities and those who interacted with LGBT people in their daily lives, were less stigmatising, more able to treat them and had better knowledge of their needs. Those who had had sexology training (5%) had better LGBT-DOCSS score (p=0.013), better knowledge (p=0.045) and preparedness (p<10-3) in treating LGBT patients but did not appear to be less stigmatising than the rest of the group (p=0.9). Religiosity was associated with a more stigmatising attitude (p<10-3), but had no impact on knowledge or preparedness.ConclusionsThis study points to gaps, identified by doctors themselves when faced with an LGBT patient. A more inclusive health system requires better matching of health services to the needs of the whole population without discrimination.DisclosureNo significant relationships.

Comparison of the Effect of Two Dynamic Loading Rates on Fracture Characteristics of Human Ribs in Bending

Recent years have seen an increase in contributions to the criminal justice system through expert testimony regardingskeletal trauma analysis and interpretation. In order to scientifically validate skeletal trauma analysis methods and ensure the dependability of interpretations to support expert testimonies, the reliability of generally accepted concepts must be determined. This research focused on the traditional assumption that extrinsic factors influence fracture characteristics in human bone. The objective of this study was to investigate the influence of loading rate on fracture characteristics by evaluating the effect of two dynamic loading rates in blunt-force trauma to human ribs. The sample consisted of mid-level human ribs in which fracture characteristics were evaluated in bilateral rib pairs experimentally tested in precisely the same loading scenario (anterior to posterior bending) at different dynamic loading rates. These comparisons demonstrated that the difference between 1 m/s and 2 m/s had no independent influence on fracture characteristics, despite the large difference in impact energy associated with these rates (27.2 J and 108.8 J, respectively). The general assumption that greater impact speed and energy leads to increased injury severity and more complex fracture characteristics was not supported in ribs loaded at 1 m/s versus 2 m/s.

Update of environmental risk assessment conclusions and risk management recommendations of EFSA (2016) on EU teosinte.

Teosinte, wild maize relatives originating from Mexico and Central America, emerged as a noxious agricultural weed in France and Spain. In 2016, the European Food Safety Authority (EFSA) issued a technical report that assessed the available scientific information on teosinte for its relevance for the environmental risk assessment (ERA) and risk management (RM) of genetically modified (GM) maize MON810, Bt11, 1507 and GA21 for cultivation. It was concluded that the impact of insect resistance and/or herbicide tolerance in GM teosinte hybrid progeny (potentially acquired through hybridisation between GM maize and teosinte) on target and non‐target organisms, the abiotic environment and biogeochemical cycles would be very low under EU conditions. Following a request of the European Commission, EFSA evaluated whether the ERA conclusions and RM recommendations of EFSA (2016) remain applicable, or require revision in light of new scientific evidence on teosinte that has become available since the publication of EFSA (2016). A protocol was developed to clarify the interpretation of the terms of reference of the mandate and make them operational. The assessment relied on evidence retrieved via an extensive literature search and from reports of the Competent Authorities of France and Spain, and on hearing expert testimonies. A limited collection of 18 publications of varying relevance and quality was retrieved and assessed. Based on this evidence, it is concluded that the ERA conclusions and RM recommendations of EFSA (2016) remain applicable, except those pertaining to the use of glyphosate‐based herbicides on maize GA21 which should be considered under Regulation (EC) No 1107/2009. In infested agricultural areas (especially in regions where maize MON810 is widely grown), weed management measures implemented to monitor, control and/or eradicate teosinte must remain in place, as they will contribute to further reduce the low vertical gene flow potential between GM maize and EU teosinte.

Expert witness testimony in medical malpractice litigation: Minutiae and methods – In credence and credibility

Most medical cases have favorable health outcomes. There are, however, some cases that do not culminate in the most favorable ones. In the latter instance, situations may even escalate to the point of a medical malpractice lawsuit against the medically abiding physician or surgeon. Given the above scenario, the present review offers accessible information regarding the minutiae of expert witnesses and entailing testimonies. This paper describes the intricacies of expert testimonies, presents a scenario that makes these testimonies double-edged instruments, and scrutinizes two legal records as consequential options to consider. In our first research statement, we zoom into the eligibility of expert witnesses and intricacies of its processes. We, thereafter, present a reasonable grasp of the contents and characteristics of these testimonies. In our second research statement, we propose a strategy to safeguard the defendant clinician's stance in expert testimonies that may present as double-edged instruments. In our third research statement, we weigh the pros and cons of two legal records such as a Memorandum of Settlement and a Consent Terms document. The present research is designed to explore details about expert testimonies in malpractice cases. A strategy to protect the defendant's actions would be to request the testimony in confidence as a proactive measure to prevent the case from being abruptly withdrawn. A Consent Terms document would be more preferable to a Memorandum of Settlement because this document hinders further escalation into appellant courts in a legal landscape.