Defending People

the tao of criminal-defense trial lawyering

The Next Step in Preparing to Cross-Examine the Doctor

After you have decided on the nar­row field on which you will cross-examine the State’s doc­tor, what next?

Go to pubmed.com, where you can search a data­base of med­ical jour­nal arti­cles. Pick out the key­words from the premises that you want to inves­ti­gate, and search for these key­words in every com­bi­na­tion you can think of. Try vari­a­tions: sex assault reveals 977 results and sex­ual assault reveals 2016; hymenal reveals 142 and hymen reveals 615. In the course of search­ing, other pos­si­ble terms might appear. For exam­ple, a search for hymen sex­ual assault turns up ref­er­ences to col­poscopy. Add that term to your list of search terms.

For each search, you’ll get a list of arti­cles, with the authors’ names click­able links. Click on the link for each title that looks promis­ing, and you’ll see the abstract of the arti­cle. If the abstract makes you want to read more, print out the abstract and add it to your stack.

A lit­tle back­ground here: med­i­cine, like trial lawyer­ing, is both art and sci­ence. The state of the art of med­i­cine is memo­ri­al­ized in med­ical jour­nals. Doc­tors write med­ical jour­nal arti­cles because they have some­thing to say that not every­body else rec­og­nizes as the truth. Either it’s some­thing new, or it’s some­thing con­tro­ver­sial. What we’re look­ing for in this search is jour­nal arti­cles that show one of two things about about the premises that we would like to chal­lenge: either that they are con­tro­ver­sial or (ide­ally) that they are outdated.

So, now we have a stack of abstracts from med­ical jour­nal arti­cles that we think relate to the premises of the doctor’s con­clu­sions. What do we do with them?

Tune in next week to find out.

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About The Author

Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

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